Tag Archives: Subject to contract

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 necessary contractual intention is lacking. Conversely, a binding agreement might be reached despite … Continue reading

Leave a Comment

Filed under Contract

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 on: what to do when you’ve been given notice of a freezing order; the increasing risk of class actions … Continue reading

Leave a Comment

Filed under Announcements, Collective actions, Contract, Injunctions

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 subsequent failure to agree formal terms: Bieber v Teathers Limited [2014] EWHC 4205 (Ch). The decision acts as a reminder of the importance … Continue reading

Leave a Comment

Filed under Contract, Settlement

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 further negotiation: Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872 (Comm). … Continue reading

Leave a Comment

Filed under Contract

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 the case. Here the court found that the defendant’s letter setting out terms of settlement, … Continue reading

Leave a Comment

Filed under Contract, Settlement

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 contract existed. In RTS Flexible Systems v Müller [2010] UKSC 14, … Continue reading

Leave a Comment

Filed under Contract

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 others [2007] EWHC 625 (Ch).

Leave a Comment

Filed under ADR, Contract, Settlement