Keir v Leeman: 1846

Tyndal CJ said: ‘Indeed it is very remarkable what very little authority there is to be found . . for the principle that any compromise of a misdemeanour or indeed of any public offence can be otherwise than illegal and any promise founded on such a consideration otherwise than void. If the matter were res integra we should have no doubt on this point. We have no doubt that in all offences which involve damages to an injured party for which he may maintain an action it is competent for him, notwithstanding they are also of a public nature, to compromise or settle his private damage in any way he may think fit.’


Tyndal CJ


[1846] 9 QB 371

Cited by:

CitedAustralia and New Zealand Banking Group Ltd v Compagnie Noga D’Importation Et D’Exportation Sa and Another ComC 21-Feb-2007
Non-payment of bills of exchange – construction of settlement agreement. It was said that the compromise agreement ws unenforceable as being against public policy in restraining one party.
Held: The restraint ‘does not affect the course of . .
Lists of cited by and citing cases may be incomplete.


Updated: 15 May 2022; Ref: scu.270282