Gallaher v Dauny [2001] JLR 302 (24 May 2001)

Gallaher v Dauny [2001] JLR 302 (24 May 2001)

A 'without prejudice' indication of likely acceptance of liability is not a formal admission of liability, but settlement of one claim on a full liability basis may be deemed an agreement to settle an identical claim arising from the same act in a similar way.

Citation
[2001] JLR 302
Parties
Claimant: Gallaher; Defendant: Dauny
Jurisdiction
Jersey
Judgment Date
24 May 2001
Procedural Posture
Tort Personal Injuries / Judgment
Outcome
Claim regarding formal admission of liability dismissed; settlement approach to identical claim affirmed
Legal Topics
Personal Injuries, Acknowledgement of Liability, Without Prejudice Communication, Settlement
Tort Personal Injuries Acknowledgement of Liability Without Prejudice Communication Settlement

Case Brief

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Parties

Gallaher

Claimant

Dauny

Defendant

Procedural Posture

Tort Personal Injuries / Judgment

Legal Issues

  1. 1 Whether an early 'without prejudice' indication of likely acceptance of full liability constitutes a formal admission of liability
  2. 2 Whether settlement of one claim on a full liability basis implies agreement to settle an identical claim arising from the same act in a similar way

Ratio Decidendi

A 'without prejudice' indication of likely acceptance of liability is not a formal admission of liability, but settlement of one claim on a full liability basis may be deemed an agreement to settle an identical claim arising from the same act in a similar way.

Court Disposition

Claim regarding formal admission of liability dismissed; settlement approach to identical claim affirmed