Heaton & Ors v Axa Equity & Ors [2000] EWCA Civ 164 (19 May 2000)

Heaton & Ors v Axa Equity & Ors [2000] EWCA Civ 164 (19 May 2000)

The contractual damages claimed against Equity & Law in respect of the termination of the Equity & Law agreement were wholly encompassed within the damages claimed and settled with Target. The settlement agreement did not expressly or impliedly reserve rights against Equity & Law. Therefore, the claimants are precluded from pursuing those claims against Equity & Law. However, claims by the individual claimants for losses arising after the Target settlement or for Equity & Law's refusal to correct reports may not be precluded if not encompassed by the settlement.

Citation
[2000] EWCA Civ 164
Parties
Appellant/claimant: David Heaton; Appellant/claimant: Robert Cheetham; Appellant/claimant: Jack Taylor; Appellant/claimant: Glyne Investments Limited (in liquidation); Respondent/defendant: Axa Equity & Law Life Assurance Society plc; Respondent/defendant: Axa Equity & Law Unit Trust Managers Limited
Jurisdiction
England and Wales
Judgment Date
19 May 2000
Procedural Posture
Appeal / Appeal From Order on Preliminary Issue in Consolidated Proceedings
Outcome
Appeal dismissed in respect of claims encompassed by the Target settlement; claimants precluded from continuing those proceedings.
Legal Topics
Settlement Agreements, Release of Claims, Contribution Between Tortfeasors, Res Judicata, Damages, Breach of Contract, Negligence, Multiplicity of Proceedings
Contract Law Tort Law Civil Procedure Settlement Agreements Release of Claims Contribution Between Tortfeasors Res Judicata Damages +3 more

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Parties

David Heaton

Appellant/claimant

Robert Cheetham

Appellant/claimant

Jack Taylor

Appellant/claimant

Glyne Investments Limited (in liquidation)

Appellant/claimant

Axa Equity & Law Life Assurance Society plc

Respondent/defendant

Axa Equity & Law Unit Trust Managers Limited

Respondent/defendant

Procedural Posture

Appeal / Appeal From Order on Preliminary Issue in Consolidated Proceedings

Legal Issues

  1. 1 Whether the settlement agreement in the earlier proceedings with Target/Hill Samuel/Abbey Life precludes the claimants from pursuing claims against Equity & Law for the same or related losses
  2. 2 Whether the damages claimed against Equity & Law are encompassed within the damages settled with Target
  3. 3 Whether the claimants expressly or impliedly reserved rights against Equity & Law in the settlement agreement

Ratio Decidendi

The contractual damages claimed against Equity & Law in respect of the termination of the Equity & Law agreement were wholly encompassed within the damages claimed and settled with Target. The settlement agreement did not expressly or impliedly reserve rights against Equity & Law. Therefore, the claimants are precluded from pursuing those claims against Equity & Law. However, claims by the individual claimants for losses arising after the Target settlement or for Equity & Law's refusal to correct reports may not be precluded if not encompassed by the settlement.

Court Disposition

Appeal dismissed in respect of claims encompassed by the Target settlement; claimants precluded from continuing those proceedings.

Orders

  • Proceedings dismissed against Equity & Law for claims encompassed by the Target settlement.
  • Claimants to pay defendants' costs of the trial of the preliminary issue and of the proceedings.