Gagging orders
Discussion
Anybody familiar with these? I always thought that they were only used in high profile celebrity court cases or against whistleblowers in the NHS or the BBC.
I was overcharged by a garage who have offered to refund me a chunk of money but want me to sign a gagging order first.
Is this now the norm for this sort of thing? I’m inclined to take them to court but am aware that one shouldn’t go to court on principle.
I was overcharged by a garage who have offered to refund me a chunk of money but want me to sign a gagging order first.
Is this now the norm for this sort of thing? I’m inclined to take them to court but am aware that one shouldn’t go to court on principle.
Confidentiality provisions in settlement agreements are far from uncommon.
They have to be negotiated though - they can't be imposed on you, other than by way of injunction (which is a very different thing).
It's up to you whether you're prepared to accept an offer of settlement which is conditional upon you agreeing not to talk about it.....
They have to be negotiated though - they can't be imposed on you, other than by way of injunction (which is a very different thing).
It's up to you whether you're prepared to accept an offer of settlement which is conditional upon you agreeing not to talk about it.....
healeyfan said:
If I did go to court would a judge tell me not to be so silly and just sign it.
Why would you go to court? You've been offered what you wanted, so where's the need to go? If they Part 36 or Calderbank you then you're probably looking at paying both sides costs if the award is anywhere near what's already been offered. Orders restraining someone from saying something are in fact quite rare, but as pointed out above there is no order here. You are being offered an agreement that includes a confidentiality clause.
No Judge would compel you to agree anything. It is up to you to decide if the deal is good enough. Refusing a deal might sometimes have costs consequences if a dispute is litigated when I could have been settled.
No Judge would compel you to agree anything. It is up to you to decide if the deal is good enough. Refusing a deal might sometimes have costs consequences if a dispute is litigated when I could have been settled.
t treatment you have received then that's up to youhealeyfan said:
Because they are not offering the full amount and only as a gesture of goodwill. Part of me feels that they are getting away with it.
It might make them think more carefully in the future.
Can you give more details in relation to your being overcharged?It might make them think more carefully in the future.
A company will often say "gesture of goodwill" so as to avoid admitting liability, or to say that any offer is made without admission of liability.. Doesn't mean they think they are not liable
Ok so then being practical, your easiest option seems to be to take their money and sign their agreement. The question is whether or not you wish to. That is not to say that you could get your money back from them without any requirement to sign any agreement - I trust they are not intending to pay you to seek advice in relation to the terms of any such agreement for example.
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