A big case for 2016
January 29th, 2016
The Supreme Court will address an important issue on the finality of settlements.
This year the Supreme Court is going to be deciding on a very important issue: should insurers be allowed to bust open a settlement agreement?
In Hayward v Zurich, the defendant insurer reached a £135,000 settlement deal in a workplace personal injury claim - despite suspecting that it was an exaggerated claim due to video evidence it had obtained.
But after the settlement was done and dusted, the insurers were contacted by the claimant's neighbours, who told them that the claimant had in fact recovered from his injuries at least a year before the settlement.
Zurich are now attempting to take a crowbar to the settlement chest and bust it back open - and the issue is going all the way up to the Supreme Court.
Last year, the appeal court took the view that the settlement could not be set aside - and an important factor was that the insurers already had some indication that the claim had been exaggerated.
Rachel Rothwell, editor of Litigation Funding