Duress

Halpern and another v Halpern and others [2006] 3 All ER 1139 (QBD) (Comm Ct)

In a dispute about their parents will, a Jewish family reached a compromise following an ad hoc Beth Din. The first defendant later indicated that he regarded the compromise agreement null and void. One of his pleaded defences was that the compromise agreement was procured by duress. Clause 4 of the agreement required that all documents relating to the agreement be destroyed. The destruction of the documents would benefit the defendants and prejudice the claimants. The destruction could not be undone and pecuniary relief could not put the claimants in as good a position as they would have been in if the agreement could have been rescinded and matters restored to the position before the agreement was made. Accordingly, the defendant could not avoid the compromise agreement on the grounds of duress because he could not offer the other parties substantial restitutio in integrum.