A round-up of some recent litigation cases
The test for whether a document has been ‘mentioned’ in a witness statement under CPR 31.14 so as to entitle another party to inspect it is whether there was a direct allusion to it or a specific mention of it. The mention has to be to the document itself, not merely to its contents or effect. In this case, it was in the interests of justice to decline to order inspection (W M Morrison Supermarkets Plc v Mastercard Inc).
Where the claimant accepted the defendant’s offer to pay a sum in full and final settlement ‘to be recorded in a suitably worded agreement’, the court held that this was an enforceable settlement agreement…
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