Newbury v Sun Microsystems [2013] EWHC 2180 (QB) (22 July 2013)

Newbury v Sun Microsystems [2013] EWHC 2180 (QB) (22 July 2013)

The correspondence of 3 June 2013, viewed objectively, constituted a binding agreement settling the claim and counter-claim on the terms set out therein. The reference to recording the settlement in a suitably worded agreement did not make execution of such an agreement a condition precedent to the settlement being binding.

Citation
[2013] EWHC 2180 (QB)
Parties
Claimant: Mr Malcolm Newbury; Defendant: Sun Microsystems
Jurisdiction
England and Wales
Judgment Date
22 July 2013
Procedural Posture
Civil / Application for Declaration Regarding Compromise of Claim and Counter Claim
Outcome
Declaration granted that the claim and counter-claim were compromised on the terms set out in the correspondence of 3 June 2013.
Legal Topics
Settlement Agreements, Offer and Acceptance, Binding Contracts, Compromise of Claims
Contract Law Civil Procedure Settlement Agreements Offer and Acceptance Binding Contracts Compromise of Claims

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Parties

Mr Malcolm Newbury

Claimant

Sun Microsystems

Defendant

Procedural Posture

Civil / Application for Declaration Regarding Compromise of Claim and Counter Claim

Legal Issues

  1. 1 Whether correspondence dated 3 June 2013 constituted a binding settlement agreement between the parties
  2. 2 Whether execution of a formal written agreement was a condition precedent to the settlement being binding

Ratio Decidendi

The correspondence of 3 June 2013, viewed objectively, constituted a binding agreement settling the claim and counter-claim on the terms set out therein. The reference to recording the settlement in a suitably worded agreement did not make execution of such an agreement a condition precedent to the settlement being binding.

Court Disposition

Declaration granted that the claim and counter-claim were compromised on the terms set out in the correspondence of 3 June 2013.

Orders

  • Declaration that the claim and counter-claim were compromised in the terms set out in the correspondence of 3 June 2013.