AB & Anor v CD Ltd

AB & Anor v CD Ltd

A binding settlement agreement was concluded on 12th March 2013 when the claimants accepted the defendant's offer of a specified sum for damages plus costs to be assessed if not agreed, with disposal by Tomlin order and payment within 14 days. The agreement was not subject to contract at that stage, and the terms were sufficiently certain and complete. The mediation agreement's requirement for a written settlement did not apply as the mediation process had ended and subsequent negotiations were ad hoc.

Parties
Claimant: Mrs AB; Claimant: Mr AB; Defendant: CD Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2013
Procedural Posture
Civil (professional Negligence) / Application for Declaration of Settlement
Outcome
Declaration granted; binding settlement found
Legal Topics
Settlement Agreements, Mediation, Tomlin Orders, Costs
Contract Law Civil Procedure Professional Negligence Settlement Agreements Mediation Tomlin Orders Costs

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Parties

Mrs AB

Claimant

Mr AB

Claimant

CD Limited

Defendant

Procedural Posture

Civil (professional Negligence) / Application for Declaration of Settlement

Legal Issues

  1. 1 Whether a binding settlement agreement was concluded between the parties on 12th March 2013
  2. 2 Whether the agreement was subject to contract or required to be in writing under the mediation agreement
  3. 3 Whether the terms of settlement were sufficiently certain and complete

Ratio Decidendi

A binding settlement agreement was concluded on 12th March 2013 when the claimants accepted the defendant's offer of a specified sum for damages plus costs to be assessed if not agreed, with disposal by Tomlin order and payment within 14 days. The agreement was not subject to contract at that stage, and the terms were sufficiently certain and complete. The mediation agreement's requirement for a written settlement did not apply as the mediation process had ended and subsequent negotiations were ad hoc.

Court Disposition

Declaration granted; binding settlement found

Orders

  • Declaration that a binding settlement was concluded on 12th March 2013 on the terms outlined in the judgment
  • Action to be disposed of by Tomlin order with standard provisions, including confidentiality if required by the defendant