Cases

McLaughlin & Ors v Newall

Held

Although it was not necessarily fatal to D’s contention that the Cs had contractually foregone their right to sue him that the terms of the apology had not been agreed (Western Broadcasting Services v Seaga [2007] EMLR 18 (PC) distinguished), the structure of the agreement was that of conditions precedent to a compromise by which an enforceable compromise would only arise once there had been compliance by D with a series of conditions, one of which was the provision of an apology and retraction to be agreed. Therefore, the defence of compromise would be struck out on the first basis. However, it would not have been struck out on the second basis, since D had not elected between defences of compromise and justification (cf Adelson v Associated Newspapers ) but was running them in the alternative, which was a legitimate course (see Clarke v Marlborough Fine Arts [2002] 1 WLR 1731).

Also