Don’t settle for less, says Adam Short
When parties wish to settle litigation they will often do so by reference to the claim number in that litigation. For instance, a settlement agreement may include wording such as: “In full and final settlement of the claim in proceedings number [X] the parties agree as follows.”
However, the recent case of Brazier v News Group Newspapers [2015] EWHC 125 (Ch), [2015] All ER (D) 209 (Jan) illustrates that a settlement using such wording may, in fact, result in a settlement of wider scope than the parties (or at least one of them) envisaged. As such, parties must take extra care when drafting settlement agreements to ensure that they are not settling claims they do not intend to.
The facts in Brazier
Mr Brazier was of interest to the tabloid newspapers because of his relationship with Jade Goody. In February 2012, Brazier brought a claim against News Group Newspapers (NGN) in relation to the interception of voicemail messages left on his mobile phone (now commonly
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