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Settlement agreement upheld despite claims of duress by legal team
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The Court of Appeal has affirmed the High Court's decision to uphold a settlement agreement, rejecting the appellant's claim that the agreement was unenforceable due to coercion by her own legal advisors. The appellant argued that she was pressured into signing the settlement during negotiations, but the court found no evidence that the respondent or their legal team were aware of any such duress. The original High Court case, which began in 2013, involved a dispute over a company's tax liability and subsequent settlement agreements in 2024. The appellant's motion to set aside the settlement was dismissed, and the Court of Appeal has now confirmed this decision, emphasising the importance of finality in litigation.
- Court of Appeal - High Court - Settlement agreement - Coercion - Duress - Legal advisors - Tax liability - Family Law Divorce Act, 1996 - Finality in litigation - Consent orders - Misrepresentation - Constructive notice - Variation of court orders - Protracted litigation - Negotiations - Affidavit - Grounds of appeal - Medical condition - Costs order
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