WHAT YOU SAY (OR DON’T SAY) IN A MEDIATION, AND AFTERWARDS, CAN BE OF CRITICAL IMPORTANCE: COURT SETS ASIDE A SETTLEMENT AGREEMENT AND ORDERS REPAYMENT

This is an unusual case in which the claimant successfully set aside an agreed settlement.  It argued that there had been fraudulent misrepresentation.  Even more unusually it obtained an order for repayment and recission on a summary judgment application. “In my judgment, ordinary decent people wou...