Hostname: page-component-848d4c4894-2xdlg Total loading time: 0 Render date: 2024-06-21T01:37:37.998Z Has data issue: false hasContentIssue false

Rescission of Settlement for Mistake and Non-Disclosure

Published online by Cambridge University Press:  01 November 1999

Get access

Extract

Mr. Naeem and Mr. Mohammad (“the plaintiffs”) were employed by the Bank of Credit and Commerce International SA (“B.C.C.I.”). They were made compulsorily redundant in 1990. In 1998, the plaintiffs, seeking to take advantage of the decision of the House of Lords in Malik v. B.C.C.I. [1997] 3 All E.R. 1, sued B.C.C.I. for “stigma damages”—damages designed to compensate the plaintiffs for the difficulties they had experienced in obtaining work because they were associated, in prospective employers' minds, with the dishonest way in which B.C.C.I. was run. However, there was a problem. Shortly after being made redundant, each of the plaintiffs had agreed to accept a sum equivalent to one month's gross pay “. . . in full and final settlement of all or any claims whether under statute, Common law, or in Equity of whatsoever nature that exist or may exist . . .”. Having entered into this agreement (“the B.C.C.I. settlement”), were the plaintiffs precluded from pursuing their claims against B.C.C.I. for stigma damages? In B.C.C.I. v. Ali [1999] 2 All E.R. 1005, Lightman J. said the answer was “yes”.

Type
Case and Comment
Copyright
Copyright © The Cambridge Law Journal and Contributors, 1999

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)