Gag clauses

MorrisDunn

If a person settles a PI claim, is it normal that there would be a gag clause to prevent you telling others how much was given? Would such a clause be enforceable?

McCrack

It's not normal to have such a thing and it's not something you have to agree to.

Our man in Havana

Would they not want it to prevent copy cat claims of a similar nature?

NUTLEY BOY

I never heard of a gag-clause in a personal injuries claim.

It might be requested as suggested by Bond-007.

There is a right to decline a gag-clause and proceed to a hearing.

Cynically, there is also the option of demanding an enhanced settlement if you suspect that there is a gag-clause required by the other side because they are worried about something. Of course, you don't say that to them or reveal that you know what they are up to. In plainer terms, this is the act of asking for more money to buy your silence. Disgraceful isn't it !! It might possibly be morally equivalent to the opposition's position though !!

A gag-clause is an agreement entered into voluntarily. Therefore, I would expect it to be fully enforceable in principle. In practice, it might be difficult to enforce if you have spent all the damages before you elect to breach the agreement.