CVA – 3 Hare Court

Posted October 27th, 2020 in company law, compromise, insolvency, news by sally

‘In this article Richard Bottomley gives an overview of what Company Voluntary Arrangements (“CVAs”) are, when they are used and the advantages and disadvantages to the company and creditors.’

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3 Hare Court, October 2020


Automatic email sign-off counts as signature, rules High Court – Law Society’s Gazette

Posted September 26th, 2019 in compromise, contracts, electronic mail, news, solicitors by tracey

‘The High Court has ordered that a compromise contract be completed after ruling that a solicitor’s automatic email sign-off was proof of signature.’

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Law Society's Gazette, 25th September 2019


Protected parties – CPR 21.10 compatible with ECHR ARTICLES 14 and 6 – defendant entitled to withdraw from compromise agreement – Zenith PI Blog

Posted November 14th, 2017 in agreements, civil procedure rules, compromise, human rights, news by tracey

‘Joseph James Penn Revill (a protected party proceedings by his litigation friend, Kirsty Marie Jarram) v Philip Damiani [2017] EWHC 2630 (QB). The claimant, who lacked the capacity to litigate and was acting by his litigation friend, sought damages for injuries sustained in a road traffic accident. His claim included a claim for future losses.’

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Zenith PI Blog, 13th November 2017


Court allows defendant to ditch settlement reached three days before discount rate change – Litigation Futures

‘The High Court has upheld the right of a defendant in a personal injury claim to resile from a settlement agreement made three days before the discount rate was cut earlier this year.’

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Litigation Futures, 3rd November 2017


Hamilton for lawyers – New Law Journal

Posted October 2nd, 2017 in compromise, legal history, news, theatre by sally

‘How can a hip-hop musical become an inspiration for mediators? Richard Harrison shares his thoughts & a few plot spoilers below…’

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New Law Journal, 15th September 2017


Gagging clauses are lawful and enforceable – Hardwicke Chambers

‘Periodically the topic of gagging clauses resurfaces in the press. In 2013 the revelation of large numbers of NHS employees entering into such agreements produced a mass of publicity. Interest in the topic duly stimulated, it led to recommendations by the Public Accounts Committee in the House of Commons that revised guidance from the Cabinet Office should require public sector organisations to secure approval from the Cabinet Office for special severance payments and associated compromise agreements where they relate to cases of whistleblowing.’

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Hardwicke Chambers, 8th January 2015


Acas revises its draft Code of Practice on extended confidential settlement agreements –

“The rules governing when and how an employer will be able to use a confidential
pre-termination settlement agreement to bring an employee contract to an end are
more complicated than they first appear, an expert has said.”

Full story, 11th June 2013


Gagged NHS whistleblowers will be allowed to speak out, Sir David Nicholson says – Daily Telegraph

Posted March 19th, 2013 in compromise, contracts, health, news, select committees, whistleblowers by tracey

“Hundreds of whistleblowers are now free to come forward with damaging
disclosures about the NHS after their gagging orders were retrospectively
lifted, Sir David Nicholson has told MPs.”

Full story

Daily Telegraph, 18th March 2013


Pensions Ombudsman v EMC Europe Ltd and others – WLR Daily

Pensions Ombudsman v EMC Europe Ltd and others: [2012] EWHC 3508 (Ch); [2012] WLR (D) 382

“The Pensions Ombudsman had no jurisdiction to entertain a complaint by a scheme member to set aside a compromise agreement where successful determination of the complaint would adversely affect the rights of the parent company in circumstances where it was a necessary party to any claim to set aside the agreement but was not subject to the ombudsman’s jurisdiction.”

WLR Daily, 14th December 2012


The duty of fidelity and penalty clauses; Imam-Sadeque –v- BlueBay Asset Management (Services) Ltd [2012] EWHC 3511 (QB) – Employment Law Blog

Posted December 14th, 2012 in compromise, contract of employment, news, penalties, shareholders by tracey

“In Imam-Sadeque –v- Bluebay Asset Management (Services) Ltd Popplewell J had to consider the scope of an employee’s duty of fidelity.”

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Employment Law Blog, 13th December 2012


Yeates and another v Line and another – WLR Daily

Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319

“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”

WLR Daily, 12th November 2012


HR Trustees Ltd v German and another; In re IMG Pension Plan – WLR Daily

Posted December 3rd, 2010 in compromise, law reports, pensions by sally

HR Trustees Ltd v German and another; In re IMG Pension Plan [2010] EWCA Civ 1349; [2010] WLR (D) 307

“Section 91 of the Pensions Act 1995 as amended prevented neither the parties from making nor the court from approving or enforcing a bona fide compromise of any disputed or doubted right and entitlement of members of the scheme under an occupational pension scheme.”

WLR Daily, 2nd December 2010


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Myerson v Myerson (No 2) – Times Law Reports

Posted April 7th, 2009 in compromise, financial provision, law reports by sally

Myerson v Myerson (No 2)

Court of Appeal

“A husband could not have an order compromising an ancillary relief application rewritten where his wealth had fallen significantly.”

The Times, 6th April 2009