Settling A Commercial Dispute

< Older | Newer >

Exercise caution when negotiating during a dispute

A judgment from the Technology and Construction Court warns that, even in the high pressure run-up to a full trial, the court will give effect to a client's settlement of a dispute. In this case, a company had appointed a contractor to carry out works to a listed Victorian manor house. The parties could not agree the sum due to the contractor and the parties each commenced proceedings.Following an exchange of written settlement offers between the parties' solicitors, the parties' managing directors spoke by telephone to try to settle the disputes. After the conversation, the contractor asserted that the parties had reached a binding agreement, but the employer denied this. The court ruled that, as a result of the conversation, the parties had orally agreed that the company would pay the contractor £275,000 in full and final settlement.This checklist highlights the factors a business should consider when they are thinking of settling a commercial dispute.

©2017 Hentys LLP | Terms of Website Use | Website Acceptable Use Policy | Privacy Policy | Site Map | Cookies | InFX Business Websites
Head Office: Kintyre House, 70 High Street, Fareham, Hampshire, PO16 7BB - Registered in England CRN: OC322915
Authorised and regulated by the Solicitors Regulation Authority. Registered number 448710.
Alternative Dispute Resolution body – The Legal Ombudsman – www.legalombudsman.org.uk
Print this page
InFX Solutions