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Construction and enforceability of settlement agreements after Zurich Insurance v Hayward.

The Supreme Court’s decision in Zurich Insurance v Hayward has drawn attention to the scope for parties to re-open settlements when new evidence disproving the other side’s case later emerges. Craig Orr QC has recently given a presentation to City solicitors on this and other issues concerning the construction and enforceability of settlement agreements.  Among other things, Craig compares and contrasts the Supreme Court’s decision with the Bermudan case of Ting v Borelli raising similar issues (in which Craig appeared for the party seeking to enforce a settlement agreement).  You can access a copy of Craig’s presentation here.