Cases

McLaughlin & Ors v Newall

Facts

In a libel action, D contended that the Cs' claim was barred by a compromise agreement entered into before proceedings were issued. The Defence also entered substantive defences to the claim, including a plea of justification. The Cs applied to strike out the defence of compromise on two bases: first, because although the alleged agreement referred to “a written apology and retraction in terms to be agreed”, none had been agreed and so there was no agreement on an essential term or at least such agreement was a condition precedent to the Cs becoming barred from suing; secondly, even if there was a binding contract, D was not entitled to rely on it by reason of the fact he had entered a plea of justification, which would be inconsistent with any possibility of a future sincere apology.

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