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Is it possible to refuse to settle?

Employment and Discrimination Law

Is it possible to refuse to settle?

Postby donarebun » Wed Jan 31, 2018 10:44 pm

In para 69 of the Supreme Court ruling in R (on the application of UNISON) v Lord Chancellor [2017] IRLR 911 SC

the Judge stated

"The case also illustrates the fact that it is not always desirable that claims should be settled"

Would it ever be possible to argue that a particular case shouldn't be settled because it holds Public Interest?

I noticed he didn't state it as a ruling but in passing

Please, if there is a Case Law, I would greatly appreciate it.


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Re: Is it possible to refuse to settle?

Postby atticus » Thu Feb 01, 2018 8:17 am

Clearly, yes.

But there can be risks. There are strong pressures in the civil justice system to attempt to settle cases. A party wishing to have his day in court needs to understand the risks. As a trade union, Unison was clearly representing a wider interest; it may be harder for an individual to make that argument.
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Re: Is it possible to refuse to settle?

Postby dls » Thu Feb 01, 2018 8:58 pm

it may be harder for an individual to make that argument.


Much harder. People differ hugely on what amounts to the public interest.
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Re: Is it possible to refuse to settle?

Postby atticus » Thu Feb 01, 2018 9:01 pm

Indeed. I often see an assumption that an individual's own interest must be the public interest.
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