[2001] UKHL 8 reported at [2001] ICR 337, House of Lords on 1st March 2001 (also reported at and at [2001] IRLR 292).

NOTES

  • Bank of Credit and Commerce International SA v Ali and others [2001] UKHL 8 on 1st March 2001 reported at [2001] ICR 337 (also reported at and at [2001] IRLR 292).
  • The full text of the House of Lords judgment is available free of charge on the BAILII web site

    Representation:

  • Christopher Jeans QC and Daniel Stilitz for the bank;
  • Robin Allen QC, Isaac Jacob and Thomas Coghlin for the respondent Khawaza Mohammad Nazeem.

    Authority for the propositions that:-

    1. in the Court of Appeal: although a common law compromise agreement (for example one made on ACAS form COT3) expressed to be in settlement of "all or any claims whether under statute, common law, or in equity" is normally as a matter of construction effective to settle all claims, even those which the parties were not aware of when they made the agreement, this does not apply (as a matter of equity and fairness) for the benefit of a party which deliberately concealed from the other party facts giving rise to a claim.

    2. in the House of Lords: however wide its wording, a "full and final" settlement of all claims signed by an injured party will operate to release the wrongdoer from liability only in respect of claims of the general type to which the release specifically relates.

    For main notes see Contracting out of the legislation/a general introduction and Compromise agreements .


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    revised March2001.