A settlement deed that purports to release one of several persons with co-ordinate liability, but which reserves rights against others, will be construed as a covenant not to sue rather than a release. A covenant not to sue does not extinguish the underlying liability, so the party with the benefit of the covenant remains subject to claims for equitable contribution by co-debtors who are required to satisfy the common obligation.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
5 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.