Tanner v Blueprint Books Ltd & Anor [2002] EWCA Civ 1429 (16 October 2002)

Tanner v Blueprint Books Ltd & Anor [2002] EWCA Civ 1429 (16 October 2002)

A binding settlement agreement was reached between the parties on 10/11 March 2001, and the term 'article' in the undertakings should be construed purposively to include readers' letters, notices, and advertisements, except for bona fide classified advertisements by members of the public. The claimant had no contractual entitlement to vary the agreement beyond this construction.

Citation
[2002] EWCA Civ 1429
Parties
Appellant/claimant: Dennis Tanner; Respondent/defendant: Blueprint Books Limited; Respondent/defendant: Peter John Filby
Jurisdiction
England and Wales
Judgment Date
16 October 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed, except as to the construction of 'article' in the settlement agreement; application to adduce further evidence refused; no order as to costs.
Legal Topics
Settlement Agreements, Interpretation of Contract Terms, Malicious Falsehood, Injunctions
Contract Law Civil Procedure Settlement Agreements Interpretation of Contract Terms Malicious Falsehood Injunctions

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Parties

Dennis Tanner

Appellant/claimant

Blueprint Books Limited

Respondent/defendant

Peter John Filby

Respondent/defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a binding settlement agreement was reached between the parties on 10/11 March 2001
  2. 2 Whether the term 'article' in the settlement includes letters, notices, and advertisements
  3. 3 Whether the claimant had a contractual entitlement to vary the agreement

Ratio Decidendi

A binding settlement agreement was reached between the parties on 10/11 March 2001, and the term 'article' in the undertakings should be construed purposively to include readers' letters, notices, and advertisements, except for bona fide classified advertisements by members of the public. The claimant had no contractual entitlement to vary the agreement beyond this construction.

Court Disposition

Appeal dismissed, except as to the construction of 'article' in the settlement agreement; application to adduce further evidence refused; no order as to costs.

Orders

  • Defendant’s application to adduce further evidence refused.
  • Appeal dismissed, subject to declaration as to the meaning of 'article'.