Jersey Judgment

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

Tort Personal Injuries Acknowledgement of Liability Without Prejudice Communication Settlement

Citation: [2001] JLR 302
Status: Judgment
Jurisdiction: Jersey
Posture: Tort Personal Injuries / Judgment

More details

Posture: Tort Personal Injuries / Judgment

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Source document

Holding and result

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

Material facts

Parties

Gallaher

Claimant

Dauny

Defendant

Procedural history

Posture

Tort Personal Injuries / Judgment

Questions and positions

Legal issues

01
Whether an early 'without prejudice' indication of likely acceptance of full liability constitutes a formal admission of liability
02
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

Party arguments

Applicant: The claimant argued that the defendant's early indication of likely acceptance of full liability should be treated as a formal admission of liability, and that the settlement of one claim on a full liability basis should bind the defendant to settle an identical claim arising from the same act in the same way.
Respondent: The defendant contended that the early indication was made 'without prejudice' and did not amount to a formal admission of liability, and that settlement of one claim did not automatically bind the defendant to settle another identical claim in the same manner.

Court’s reasoning

Legal principles

01
Court's reasoning

A 'without prejudice' indication of likely acceptance of liability is not a formal admission of liability.
02
Court's reasoning

Settlement of one claim on a full liability basis may be deemed an agreement to deal with an identical claim arising from the same act in a similar way.

Ratio, limits and disposition

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

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Judgment text

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Judgment

[2001] JLR 302

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BAILII >> Databases >> Jersey Law Reports >> Gallaher v Dauny [2001] JLR 302 (24 May 2001) URL: https://www.bailii.org/je/cases/JLR/2001/JLR010302.html Cite as: [2001] JLR 302 [ New search ] [ Help ] Gallaher v Dauny 2001 JLR 302 (24 May 2001) Tort-personal injuries-acknowledgement of liability-defendant's early indication "without prejudice" that full liability likely to be accepted not formal admission of liability-settlement of one claim on full liability basis deemed agreement to deal with identical claim arising from same act in similar way The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2001 JLR 302 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2001/JLR010302.html

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