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That settles it then…

A recent decision provides a useful reminder of the basic principles of contractual formation through the exchange of correspondence, explains Nii Anteson

21 November 2016

Caroline Gibbs v Lakeside Developments Ltd [2016] EWHC 2203 (Ch) concerned a claim for damages relating to the forfeiture of a lease of a property.

The claim was dismissed at the County Court level and the appellant (Gibbs) sought, and was granted, permission to appeal to the High Court.

In the intervening period, the parties engaged in settlement discussions, which culminated in the appellant offering by email to accept the sum of £90,000 in full and final settlement of the claim on two conditions – the first, that the offer be accepted by a certain date, and the second, that payment of the settlement monies be made before a particular day.

The solicitors for the respondent (Lakeside) responded, also by email, stating, ‘the claimant accepts your offer’ and enclosed a draft consent order for the appellan...

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