Catching Water in a Net: The Elusive Concept of 'A Reasonable Settlement'

Judge Peter Coulson QC

September 2008

A paper presented to a joint meeting of the Technology and Construction Bar Association and the Society of Construction Law in London on 30th October 2007.

When in a construction context party A, midway in a contractual chain, settles a claim brought against him by party B, then seeks to pass that liability on to party C, in what circumstances is the fact and amount of the A-B settlement relevant (or decisive) to the issue of C's possible liability to A? Judge Coulson considers the caselaw origins of what is usually called the rule in Biggin v Permanite, the case itself and the considerable body of later authority building upon it, including his own judgment in Hunt v ASME from 2007.

Introduction - 'A reasonable settlement': the importance of the concept - Biggin v Permanite: the background - Biggin v Permanite: the case itself - Subsequent authorities: to 1999 - Subsequent authorities: 1999 and after - The latest decision: Hunt v ASME - Conclusions.

The author: Judge Peter Coulson QC is a judge of the Technology and Construction Court.

Text and appendices 16 pages.
PDF file size: 154k