How have the courts interpreted a compromise agreement in a personal injury case?
Saskatchewan, Canada
The following excerpt is from Pollock v. Wicks and Stokes, 1926 CanLII 149 (SK CA):
In Hickman v. Berens [1895] 2 Ch. 638, 64 L.J. Ch. 785, the plaintiff brought an action for accounts. A compromise agreement was arrived at and consented to by counsel; later plaintiff’s counsel found that he had consented to more than was intended, or rather that the defendants gave a wider application to the terms of the compromise than the plaintiff intended.
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