Brennan v Burdon & Ors [2003] EWHC 2493 (QB) (30 October 2003)

Brennan v Burdon & Ors [2003] EWHC 2493 (QB) (30 October 2003)

The compromise agreement was void because it was based on a common and fundamental mistake of law as to the validity of service of the claim form, which was the sole basis for the agreement. The court should be slow to set aside compromise agreements, but where the mistake is both common and fundamental, the agreement is void.

Citation
[2003] EWHC 2493 (QB)
Parties
Claimant/respondent: Margaret Brennan; 1st Defendant: Bolt Burdon; 2nd Defendant/appellant: London Borough of Islington; 3rd Defendant: Leigh Day & Co
Jurisdiction
England and Wales
Judgment Date
30 October 2003
Procedural Posture
Appeal / Appeal From Deputy Master to High Court (qb)
Outcome
Appeal dismissed
Legal Topics
Compromise Agreements, Common Mistake of Law, Limitation, Service of Claim Form, Setting Aside Consent Orders
Contract Law Civil Procedure Compromise Agreements Common Mistake of Law Limitation Service of Claim Form Setting Aside Consent Orders

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Parties

Margaret Brennan

Claimant/respondent

Bolt Burdon

1st Defendant

London Borough of Islington

2nd Defendant/appellant

Leigh Day & Co

3rd Defendant

Procedural Posture

Appeal / Appeal From Deputy Master to High Court (qb)

Legal Issues

  1. 1 Whether a compromise agreement can be set aside for common mistake of law
  2. 2 Whether the mistake as to service of the claim form was fundamental and common to both parties

Ratio Decidendi

The compromise agreement was void because it was based on a common and fundamental mistake of law as to the validity of service of the claim form, which was the sole basis for the agreement. The court should be slow to set aside compromise agreements, but where the mistake is both common and fundamental, the agreement is void.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the London Borough of Islington is dismissed.