Brennan v Bolt Burdon & Ors

Brennan v Bolt Burdon & Ors

The evidence did not establish a true mistake of law but rather a state of doubt; the compromise was a give-and-take settlement, not impossible to perform, and the risk of a future judicial decision was impliedly accepted and bargained away. Therefore, the compromise should not be set aside.

Parties
Claimant/respondent: Margaret Brennan; Defendant/appellant: Bolt Burdon & Ors; Defendant/appellant: London Borough of Islington; Defendant/appellant: Leigh Day & Co
Jurisdiction
England and Wales
Judgment Date
29 July 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Second Tier Appeal
Outcome
Appeal allowed
Legal Topics
Compromise Agreements, Mistake of Law, Consent Orders, Finality of Litigation, Restitution
Contract Law Civil Procedure Compromise Agreements Mistake of Law Consent Orders Finality of Litigation Restitution

Case Brief

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Parties

Margaret Brennan

Claimant/respondent

Bolt Burdon & Ors

Defendant/appellant

London Borough of Islington

Defendant/appellant

Leigh Day & Co

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Tier Appeal

Legal Issues

  1. 1 Whether a compromise of proceedings entered into by parties on the basis of a common mistake of law is void by reason of that mistake
  2. 2 Whether the compromise agreement between Miss Brennan and Islington should be set aside due to a mutual mistake of law

Ratio Decidendi

The evidence did not establish a true mistake of law but rather a state of doubt; the compromise was a give-and-take settlement, not impossible to perform, and the risk of a future judicial decision was impliedly accepted and bargained away. Therefore, the compromise should not be set aside.

Court Disposition

Appeal allowed

Orders

  • Islington's appeal is allowed; the compromise agreement stands and is not set aside.