Do I have to accept confidentiality on an out of court settlement

[tommybear]

I am currently going through the small claims process with a retailer and i believe they will shortly offer me my money that i am claiming with a confidentiality agreement.

as i have bene public on the issues already and want to keep it that way, can i refuse to accept such a settlement clause, or could i demand more money if confidentiality is required.;

i wouldnt want to go to court and be told i should have accepted the offer with the clause. i know i will win the case and so do they.

[Tools]

Re: Do I have to accept confidentiality on an out of court settlement

Could you give a little more detail as it may be relevant to the answer.

[tommybear]

Re: Do I have to accept confidentiality on an out of court settlement

the retailer is being sued for non performance of a contract. Its terms and conditions were poorly constructed and in a recent case they lost on the same grounds. the retailer will not want to appear at a small claims again due to the publicity involved and the potential for more claims.
i would like another court hearing to prove a point but they should also have to buy silence, shouldnt they?

[natweststaffmember]

Re: Do I have to accept confidentiality on an out of court settlement

I think you have every right to decline confidentiality if you have a strong case. If they want to settle then it is up to you to agree to their terms and for them to offer acceptable settlement terms.

[Paule]

Re: Do I have to accept confidentiality on an out of court settlement

i believe they will shortly offer me my money that i am claiming with a confidentiality agreement..

I would wait to see if this occurs and if it does then scan/post up the contents of the letter and then we can advise with regards to what they actually request.

What was your POC and what was their defence to it.

Just because they lost (or settled) a previous case, doesn't mean this will go the same way. Every claim is different and even slight differences could affect the case.

PKea

[StoneLaughter]

Re: Do I have to accept confidentiality on an out of court settlement

Personally I have always viewed "requests" for confidentiality as an invitation to treat; i.e. I have treated it as a commercial matter separate from the issue at hand and have indicated my willingness to negotiate a price. I have always worded this carefully into my response to their offer - whether it be acceptance or rejection.

I believe that without a Court Order to that effect, they have no right whatsoever to "demand" your silence as they are not in a position of authority over you - they are simply the defendant of a claim against them. About the worst they can do is force the issue to the Courtroom and request the confidentiality of any result in their submissions. If they're making you an offer before the court date, how likely is it that they want to force the issue into Court?

By all means put the letter up here when it arrives (suitably identity cleansed obviously) but I cannot think of ANY circumstances where (in a purely civil financial claim) your silence could be REQUIRED without a Court Order.
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p.s. I always make a point of ignoring any "form" acceptance sent by the defendant, and write my own response on my own paper. That way, you are saying exactly what you want to say and nothing else. I always used to put the following:

Dear Sirs

WITHOUT PREJUDICE

I write regarding your letter dated <nnnnn> and note the contents. I can confirm that I am willing to accept your offer to settle this dispute in the sum of £<nnnnn>.

As regards your request regarding the confidentiality of this matter, I am prepared to treat this as a separate arrangement between us and I invite you to begin the negotiations thereto by indicating the broad level at which you will be placing your offer. I am prepared to maintain confidentiality until such time as these negotiations are completed. If I have not had a response from you within 14 days of your receipt of this letter I will assume that the matter is closed.

Yours

[Glenn UK]

Re: Do I have to accept confidentiality on an out of court settlement

Ditto SL

if they want confidentiality then they can buy it and it can only be enforced if supported by a court order.

incidentally i was acting on behalf of my wife in a small claim when the other side asked for confidentiality. What was bizarre to me is that bearing in mind i was a LIP and so not bound by any code of practice or rules about such things, they could not (and accepted) bind me by way of any agreement on confidentiality. So the upshot was that i could and do talk about the case when its of interest and they can do nowt about it but my wife, in who's name the case was bought cannot.

Glenn