Summary of Recent Cases – Civil Procedure

A verbal settlement agreement was valid and binding where the terms were sufficiently clear and certain about the sum to be paid and the date for payment, notwithstanding that the agreement was never concluded in writing.

Allen v Fisher Jones Greenwood (A Firm) (2013) QBD (Judge Simon Brown QC)

The defendant alleged that a formal binding agreement been reached in a telephone conversation between the parties’ representatives and produced telephone notes, emails and correspondence in support of its position. The claimant contended that as formal binding agreement had never been reached because there was a lack of certainty and the agreement had never been finalised in Tomlin Order.

The Court held that the telephone calls and letters to the Court supported the defendant’s contention that there had been an agreement. There was evidence of clear terms about what sum would be paid and when the sum was due. It was clear that it had been anticipated that the terms would be recorded in a Tomlin Order subsequently, but that did not mean that the validity of the agreement was dependent on it being recorded in writing. The payment dates were calculated from the date of the telephone conversation and that was strong evidence that the agreement had been concluded on that date.

March 1, 2013 В· Editorial Team В· Comments Closed
Posted in: Cases