Source: All England Reporter
Publisher Citation: [2001] All ER (D) 195 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Pill, Tuckey LJJ and Sir Ronald Waterhouse

Representation Victor Lyon (instructed by Lovells) for the liquidator.
  Ewan McQuater (instructed by Watson Farley & Williams) for the first defendant.
Judgment Dates: 17 February 2001

Catchwords

Settlement agreement - Conclusion of agreement - Whether agreement concluded between parties - Whether English liquidators having authority to enter into agreement.

The Case

On the facts of the instant case, the judge had fallen into error in concluding that the parties had reached a binding settlement agreement on the terms of the settlement deed. On the true construction of the agreement contained in the correspondence the parties had not agreed to bring the whole of the draft settlement deed into effect until, which in the event did not take place, the settlement deed had been executed.

Practice Areas

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