‘The question of whether two Parties have entered in to a binding settlement compromising a case is often just as (if not more) acrimonious matter as the substantive case. In particular as the devil is often in the detail of any settlement, the intention is often that even where settlement is agreed in principle, one party does not wish to be bound to the settlement until all the terms are agreed and embodied in a signed document. If this is the intention then it is important that the same is made well known to the other negotiating party, in order to avoid the pitfall of finding oneself having inadvertently entering in to a binding settlement, prior to concluding those subsequent negotiations.’
No. 5 Chambers, 13th January 2015
Source: www.no5.com
