El-Mir v Risk

The appeal concerned a dispute arising from a building contract. The appellants, the defendants in the District Court, sought to appeal the adoption of a referee's report by the District Court. The central issue was whether the terms of a settlement agreement between the parties constituted an accord and satisfaction of the claims under the original building contract, thereby discharging the original cause of action. A further question arose as to whether the filing of a defence and cross-claim by the appellants amounted to a waiver of their rights under the settlement agreement.

The Court of Appeal was required to determine whether the District Court judge erred in ordering the adoption of the referee's report. This involved considering the legal effect of the settlement agreement and whether it operated as an accord and satisfaction. The court also had to assess whether the appellants had waived their right to rely on the settlement agreement by their subsequent conduct in filing a defence and cross-claim.

The Court of Appeal allowed the appeal, setting aside the judgment and orders of the District Court. The court granted the appellants leave to amend their defence to plead the settlement agreement. It ordered that the question of whether the settlement agreement constituted an accord and satisfaction be tried separately. Depending on the outcome of this separate trial, judgment would be entered for either the appellants or the respondent. The court also made orders regarding costs and a certificate under the Suitors' Fund Act 1951.