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1. Firstly, As between the parties, there is no obligation of confidentiality of a court settlement. Each party to the case can communicate the fact and amount of the court settlement to whoever they wish. However, a term can be inserted in a settlement agreement which keeps the settlement agreement confidentiality. However, without such as clause, neither party has an obligation of confidentiality. Secondly, as regards the parties themselves and third parties, the parties are entitled to keep their settlement confidential as between themselves. The parties are entitled to expect that their court records will be kept confidential and not disclosed to other parties. In your situation if the settlement agreement has been made public it is essential you can show that it is not one of the parties who disclosed the terms of the settlement before you can sue anyone to compel them to keep the settlement confidential.
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