“…upport of his contentions on Dattani v Trio Supermarkets Ltd [1998] ICR 872 (“Dattani”), Heaton v AXA Equity and Law Life Assurance Society plc [2002] UKHL 15, [2002] 2 AC 329 (“Heaton”) and McGill v Sports and Entertainment Media Group [2016] EWCA Civ 1063, [2017] 1 WLR 989 (“McGill”).…”
“…g to accept a sum by way of compromise representing less than the full measure of his estimated loss was clearly regarded as relevant by Lord Bingham in Heaton [2002] 2 AC 329, para 5, quoted above. In my judgment, fairness requires that the court should be able to take such motivation into account as part of the factual matrix relev…”