Source: All England Reporter
Publisher Citation: [2001] All ER (D) 48 (May)
Court: Queen's Bench Division, Commercial Court

Rix LJ

Representation Stephen Gee QC, Vasanti Selvaratnum and Mary Gibbons (instructed by Stephenson Harwood) for Noga.
  Gordon Pollock QC, Lawrence Cohen QC and Paul Stanley (instructed by Dechert) for the SJ Berwin defendants.
  David Railton QC and Andrew Mitchell (instructed by Eversheds) for the FGN.
Judgment Dates: 27 February 2001


Contract - Consideration - Settlement agreement - Condition precedent - Whether settlement agreements binding on facts.

The Case

In an action to enforce alleged settlement agreements, the court ruled on the facts that only one of the agreements was binding; the other was conditional and the tripartite agreement of which it was a necessary and vital part, never became effective as a final and binding legal contract.

Practice Areas

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