Tag: subject to contract
Showing 11 out of 11 results
High Court judgment illustrates that contract negotiations may be impliedly "subject to contract"
The High Court has held that parties' agreement on the substantive terms of an unsigned addendum to an existing agreement did not give rise to a legally …
Court of Appeal finds no binding settlement reached, emphasising importance of "subject to contract" label
In a recent decision, the Court of Appeal has overturned a deputy judge's decision that a binding settlement agreement had been reached in …
When do you have a binding contract? It may be more (or less) often than you think
Agreement expressed to be subject to board approval not binding until approval given
In a recent decision, the Commercial Court has considered whether an arbitration claim was settled in without prejudice correspondence between the …
When do you have a binding contract? It may be more (or less) often than you think
Sometimes what appears to be an agreement is not in fact binding, for example because it is incomplete or its terms are uncertain, or perhaps because the …
Upcoming webinars: freezing orders, class actions and contracts
Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including …
A reminder of the need to be clear whether settlement negotiations are subject to contract
The High Court has held that a binding settlement was agreed in an exchange of e-mails between the parties' solicitors despite their …
Commercial Court finds binding contract formed even though not all terms agreed
The Commercial Court recently decided that a contract was formed for the supply of crude oil blend even though some of the core terms were subject to …
High Court decision shows need to be clear whether settlement offer subject to contract
A recent High Court decision illustrates the importance of stating clearly that a settlement offer is intended to be subject to contract, where that is …
Supreme Court rules that contract exists despite "subject to contract" provision
A case involving the impact of a counterparts clause in a draft agreement has gone all the way to the Supreme Court, which ruled on 10 March that a …
Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and …