Baltimore Wharf SLP v Ballymore Properties Ltd [2026] EWHC 312 (TCC) (16 February 2026)

No binding settlement agreement was concluded on 24 September 2024 because the 'subject to contract' reservation was not expressly or impliedly removed; acceptance of terms in a 'subject to contract' draft does not create a binding contract.

Citation: [2026] EWHC 312 (TCC)
Parties: Claimant: Baltimore Wharf SLP; Defendant/part 20 Claimant: Ballymore Properties Limited; Part 20 Defendant: WSP UK Limited (formerly known as WSP Buildings Limited)
Jurisdiction: England and Wales
Judgment Date: 16 February 2026
Procedural Posture: Civil (technology and Construction Court) / Summary Judgment/strike Out Applications and Application to Amend Defence
Outcome: Applications dismissed
Legal Topics: Settlement Agreements, Subject to Contract, Summary Judgment, Strike Out Applications, Collateral Warranty, Tort (pure Economic Loss)

Contract Law Civil Procedure Settlement Agreements Subject to Contract Summary Judgment Strike Out Applications Collateral Warranty Tort (pure Economic Loss)

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Parties

Baltimore Wharf SLP

Claimant

Ballymore Properties Limited

Defendant/part 20 Claimant

WSP UK Limited (formerly known as WSP Buildings Limited)

Part 20 Defendant

Procedural Posture

Civil (technology and Construction Court) / Summary Judgment/strike Out Applications and Application to Amend Defence

Legal Issues

1 Whether a legally binding settlement agreement was concluded on 24 September 2024 despite 'subject to contract' wording
2 Whether the 'subject to contract' reservation was expressly or impliedly removed by the parties

Ratio Decidendi

Court Disposition

Applications dismissed