Watts v Aldington ; Tolstoy v Aldington
| Jurisdiction | England & Wales |
| Judgment Date | 15 December 1993 |
| Date | 15 December 1993 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Neill, Lord Justice Steyn and Lord Justice Simon Brown
Libel - settlement agreement by one loser - no effect on joint loser
A settlement agreement reached by the winner of a defamation case with one of two losers did not constitute a release but merely an agreement by the defamed party not to sue on the remainder of the judgment and did not discharge the other loser from liability.
The Court of Appeal so held in a reserved judgment in dismissing appeals brought by Nigel Watts and Count Nikolai Tolstoy Miloslavsky against the decision of Mr Justice Morritt on May 22, 1992 that a settlement agreement between Lord Aldington and Mr Watts of £10,000 did not constitute a release of the liability of Mr Watts or Count Tolstoy for a judgment debt of £1,500,000.
Mr Jon R Turner for Mr Watts; Count Tolstoy in person; Miss Amanda Michaels for Count Tolstoy's trustee in bankruptcy; Mr Charles Gray, QC and Mr William Trower for Lord Aldington.
LORD JUSTICE NEILL said that in March 1987 Lord Aldington issued a writ claiming damages for libel against Mr Watts and Count Tolstoy arising out of the publication of a pamphlet dealing with the repatriation of Russian troops to the Soviet Union after VE Day. On the verdict of the jury, judgment was entered against Mr Watts and Count Tolstoy for £1,500,000.
On March 20, 1991 a settlement was agreed between Lord Aldington and Mr Watts in which it was stated, inter alia, that the payment of £10,000 was accepted in full and final settlement of the judgment provided other conditions were kept.
In May 1991, Lord Aldington, with the consent of Mr Watts, sent Count Tolstoy a copy of the settlement agreement.
In September 1991 Mr Watts brought proceedings against Lord Aldington seeking a declaration that the settlement agreement constituted a release by Lord Aldington of all rights which Lord Aldington had against either Mr Watts or Count Tolstoy arising out of the defamation case.
In November 1991, Count Tolstoy's trustee in bankruptcy brought a claim for contribution against Mr Watts. On March 24, Count Tolstoy issued an application seeking an order to direct his trustee in...
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Jameson and Another v Central Electricity Generating Board
...in the field of joint and several torts over many years: See the passage quoted in the court below from the judgment of Steyn L.J. in Watts v. Aldington The Times, 16 December 1993; Court of Appeal (Civil Division) Transcript No. 1578 of 1993, and the illuminating judgment, Neill L.J. in th......
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Morris v Wentworth-Stanley
...675, C.A. Purcell v. F. C. Trigell Ltd. [1971] 1 Q.B. 358; [1970] 3 W.L.R. 884; [1970] 3 All E.R. 671, C.A. Watts v. Aldington, The Times, 16 December 1993; Court of Appeal (Civil Division) Transcript No. 1578 of 1993, Welby v. Drake (1825) 1 C. & P. 557 Wentworth v. Bullen (1829) 9 B. & C.......
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Heaton v AXA Equity & Law Life Assurance Society Plc
..."final settlement" question. Authority on that question was found in the decisions of the Court of Appeal in Watts v AldingtonTLR (The Times December 16, 1993) and Johnson v DaviesWLR ((1998) 3 WLR 1299). His Lordship said that he was not persuaded that Jameson provided much assistance in t......
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Johnson and Another v Davies and Another
...statement of the general rule of law as to the release of co-debtors—as it was understood before the recent decision of this Court in Watts v Lord Aldington (15 December 1993: unreported)—is found in the judgment of His Honour Judge Paul Baker QC, sitting as a Judge of the High Court, in De......