High Court Hands Down Judgment Despite The Proceedings Having Settled Before Circulation Of The Draft Judgment

The High Court has held that it was within the court's power to hand down a reserved judgment where the proceedings had settled before the draft judgment was circulated. There was no need for the court to be satisfied that there were exceptional circumstances. The proper approach was to weigh the public interest for and against handing down judgment: Jabbar & another v Avviv Insurance Ltd & others [2022] EWHC 912 (QB).

Although the relevant judgment in this case related to applications during the course of proceedings, the same principles would apply to a reserved final judgment on the merits.

The decision shows that there may be a greater likelihood of the court handing down judgment after settlement in cases where it addresses novel points of law or serious accusations against one of the parties, such as malice or dishonesty.