MOSTCASH PLC & OTHERS v FLUOR LIMITED [2002] EWCA Civ 975

[2002] BLR 411

COURT OF APPEAL

Before Lord Justice Waller, Lord Justice Chadwick and Mr Justice Douglas Brown

Compromise - Whether had effect of compromising claims about which parties did not know as at time of compromise - Construction of words “cause of action that may in future accrue” - Whether compromise should be construed by reference to proper construction of underlying contract. Exclusion clause - Whether Claimant’s remedies limited to right to require Defendant to perform corrective services - Whether claim for damages for non-contractual duty of care excluded. Rectification - Whether should be rectification in terms not sought by either party - Practice - Whether subsequent proceedings should be heard by same judge.