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No-one makes a claimant agree to a confidentiality clause. A claimant is perfectly at liberty to reject an offer with such attached and either make a counter offer excluding the clause or pursue his/her remedy in a public forum. Thus one assumes that in a settlement incorporating such a clause the claimant has agreed to it of his/her free will. Thus the assertions by Messrs Kerr and Wragg are either naive or disingenous or ignorant - or perhaps all three.

It is also worthwhile to remember that some claimants also want such clauses in settlement agreements - particularly in employment disputes - so that they can move on without having to carry the stigma ('no smoke without fire' etc.) that unfortunately all too frequent attaches to claimants in such circumstances. Such could equally be the case in disputes with banks for the public 'stigma' may make it difficult for such claimants to find another bank prepared to offer them banking facilities.

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