Practice: Careless talk

Hogan Lovells | The Commercial Litigation Journal | May/June 2015 #61
Paul Chaplin examines an unintended agreement ‘Whether a concluded agreement has been reached is to be determined objectively by considering the whole course of the parties’ negotiations, including an objective appraisal of the parties’ words and conduct.’In the recent case of Bieber v Teathers Ltd (in liquidation) [2014], the court considered whether an exchange of …

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Settlement: The beginning of the end

Rosling King LLP | The Commercial Litigation Journal | May/June 2015 #61
Georgina Squire looks at recent cases on settlement ‘Where an offer is intended to be conditional upon the conclusion of written terms, the parties should label all their correspondence “subject to contract” until the settlement agreement is signed.’It is widely recognised that the vast majority of cases are resolved before they reach the court doors. …

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Negotiations: Settlements and fundamental dishonesty

Osbornes | Personal Injury Law Journal | June 2015 #136
Stephanie Prior and Patricia Begley analyse how a claim can fail because parties have unintentionally made an agreement ‘This case clearly demonstrates, failure to be clear about the basis on which a settlement is “agreed” may result in one party (at least) being bound by a settlement that they may not have intended.’ Those of …

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Practice: A slip of the mouse

Macfarlanes LLP | The Commercial Litigation Journal | January/February 2015 #59
Doug Wass and Jonathan Pratt provide a warning on unintended settlements ‘In the judge’s words, “settlement was being driven by time related issues” and this was a central plank in his conclusion.’In the recent case of Bieber v Teathers Ltd (in liquidation) [2014], Judge Pelling QC (sitting as a judge of the High Court) held …

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