A Reminder That Settling A Dispute Before A Reserved Judgment Is Handed Down May Not Prevent It Being Published

• Published date: 02 May 2022
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: Herbert Smith Freehills
• Author: Ms Jan O'Neill

A recent English High Court decision serves as a reminder that the court has power to hand down a reserved judgment despite the proceedings having settled, even where the settlement was reached before the court circulated a draft judgment to the parties. There is no need for the court to be satisfied that there were exceptional circumstances. The proper approach is for the court to weigh the public interest for and against handing down the judgment: Jabbar & another v Avviv Insurance Ltd & others [2022] EWHC 912 (QB).

Although the reserved judgment in this case related to applications during the course of proceedings, the same principles would apply to a reserved final judgment on the merits. They would also apply whether the settlement was reached via a structured ADR process or otherwise. However, parties should remember that they have a duty to inform the court immediately if "meaningful settlement discussions" take place after judgment has been reserved.

The decision shows that there may be a greater likelihood of the court exercising its discretion to hand down judgment after settlement in cases where it addresses novel or important points of law, or serious accusations of wrongdoing.

Parties engaged in mediation or other settlement negotiations while a reserved judgment is pending should bear...