Kazeminy v Siddiqi & Ors [2012] EWCA Civ 416 (02 April 2012)
The settlement agreement, despite its broad language, was intended to settle only claims arising between Kazeminy and Siddiqi as original parties, not claims Kazeminy might acquire from third parties such as Grano. The context and absence of express provision for assignment indicate the parties did not contemplate extinguishing third-party rights acquired by Kazeminy.
- Citation
- [2012] EWCA Civ 416
- Parties
- Claimant/respondent: Nasser Kazeminy; Defendants/appellants: Kamal Siddiqi & Ors
- Jurisdiction
- England and Wales
- Judgment Date
- 02 April 2012
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Settlement Agreements, Assignment of Rights, Contract Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Nasser Kazeminy
Claimant/respondent
Kamal Siddiqi & Ors
Defendants/appellants
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether a settlement agreement between Kazeminy and Siddiqi bars claims by Kazeminy as assignee of third-party rights
- 2 Interpretation of broad release language in settlement agreements
Ratio Decidendi
The settlement agreement, despite its broad language, was intended to settle only claims arising between Kazeminy and Siddiqi as original parties, not claims Kazeminy might acquire from third parties such as Grano. The context and absence of express provision for assignment indicate the parties did not contemplate extinguishing third-party rights acquired by Kazeminy.
Court Disposition
Appeal dismissed
Orders
- No order striking out Kazeminy's claim as assignee
- No judgment entered for Siddiqi
Full Case Text
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