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Appealing a settlement: can you have your cake and eat it?

Mara Ghiorghies, James Robinson, International Law Office, March 16 2017

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The recent General Court judgment in Printeos illustrates that an appeal to the courts on fine calculation methodology can be successful, notwithstanding the admissions of liability made during the settlement process. It makes no reference to the possibility of losing the 10% settlement reduction if an appeal is made, and it confirms that the rights of defence still apply in settlement cases.

The judgment also raises some broader questions on the predictability of the application of the Fining Guidelines.

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