AB & Anor v CD Ltd [2013] EWHC 1376 (TCC) (16 April 2013)

AB & Anor v CD Ltd [2013] EWHC 1376 (TCC) (16 April 2013)

A binding settlement agreement was concluded on 12 March 2013 when the claimants accepted the defendant's offer for payment of damages and costs, to be assessed if not agreed, with disposal by Tomlin order and payment within 14 days. The 'subject to contract' condition no longer applied after 8 March 2013, and the...

Source-derived case information.

Citation
[2013] EWHC 1376 (TCC)
Parties
Claimant: Mrs AB; Claimant: Mr AB; Defendant: CD Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2013
Procedural Posture
Professional Negligence / Application for Declaration Regarding Settlement Agreement
Outcome
Declaration granted that a binding settlement agreement was reached on 12 March 2013.
Legal Topics
Settlement Agreements, Mediation, Tomlin Orders, Costs Assessment, Subject to Contract
Contract Law Civil Procedure Professional Negligence Settlement Agreements Mediation Tomlin Orders Costs Assessment Subject to Contract

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Parties

Mrs AB

Claimant

Mr AB

Claimant

CD Limited

Defendant

Procedural Posture

Professional Negligence / Application for Declaration Regarding Settlement Agreement

Legal Issues

  1. 1 Whether a binding settlement agreement was reached between the parties
  2. 2 Effect of 'subject to contract' in settlement negotiations
  3. 3 Requirement for written agreement under mediation agreement

Ratio Decidendi

A binding settlement agreement was concluded on 12 March 2013 when the claimants accepted the defendant's offer for payment of damages and costs, to be assessed if not agreed, with disposal by Tomlin order and payment within 14 days. The 'subject to contract' condition no longer applied after 8 March 2013, and the mediation agreement's requirement for written settlement was not binding post-mediation hearing. The agreement was sufficiently certain and complete.

Court Disposition

Declaration granted that a binding settlement agreement was reached on 12 March 2013.

Orders

  • Action to be stayed by Tomlin order reflecting settlement terms.
  • Defendant to pay claimants' damages and costs, to be assessed on standard basis if not agreed.