Practitioners negotiating defamation settlements by correspondence should ensure that all terms expressly contemplated in the correspondence (including confidentiality) are agreed before asserting a binding contract exists, and should not treat confidentiality as a 'subsidiary' or 'optional extra' term.
The full text is available to signed-in members, including the 78 later cases that cite this judgment.
3 of the 78 citing cases carry a classified treatment. How each court treated it is available to signed-in members.