Prudential Assurance Company Ltd v McBains Cooper & Ors [2000] EWCA Civ 172 (23 May 2000)

Prudential Assurance Company Ltd v McBains Cooper & Ors [2000] EWCA Civ 172 (23 May 2000)

A judge has discretion to hand down a judgment after parties have settled post-draft but pre-formal hand-down, and public interest in the publication of judgments may override the parties' wishes to suppress them. The mutual understanding to suppress the judgment is unenforceable as a matter of public policy.

Citation
[2000] EWCA Civ 172
Parties
Claimant: Claimants; Defendant: McBains Cooper; Defendant: Mr Ney
Jurisdiction
England and Wales
Judgment Date
23 May 2000
Procedural Posture
Appeal / Judgment After Full Hearing
Outcome
appeal dismissed
Legal Topics
Handing Down of Judgments, Settlement After Draft Judgment, Public Interest in Publication, Surveyors' Negligence, Damages Calculation, Mitigation of Loss
Civil Procedure Professional Negligence Handing Down of Judgments Settlement After Draft Judgment Public Interest in Publication Surveyors' Negligence Damages Calculation Mitigation of Loss

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Parties

Claimants

Claimant

McBains Cooper

Defendant

Mr Ney

Defendant

Procedural Posture

Appeal / Judgment After Full Hearing

Legal Issues

  1. 1 Whether a judge has discretion to hand down a judgment after parties have settled post-draft judgment but pre-formal hand-down
  2. 2 Whether parties can contractually prevent publication of a judgment after settlement
  3. 3 Whether public interest can override parties' wishes to suppress a judgment

Ratio Decidendi

A judge has discretion to hand down a judgment after parties have settled post-draft but pre-formal hand-down, and public interest in the publication of judgments may override the parties' wishes to suppress them. The mutual understanding to suppress the judgment is unenforceable as a matter of public policy.

Court Disposition

appeal dismissed

Orders

  • No order as to costs
  • Leave to appeal to House of Lords refused