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ARTICLE · 16 JANUARY 2012

Careless Talk Can Cost Cash

Eversheds Sutherland
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Anyone who has been involved in a commercial dispute, whether in the TMT sector or elsewhere, will be familiar of the care needed in direct discussions with the other side, especially when these concern a potential compromise of the dispute.

United KingdomLitigation, Mediation & Arbitration

Article by Charlotte Walker-Osborn Head of TMT Sector and Laura Friend, Solicitor, Commercial.

What? Anyone who has been involved in a commercial dispute, whether in the TMT sector or elsewhere, will be familiar of the care needed in direct discussions with the other side, especially when these concern a potential compromise of the dispute.

So What? The importance of making business-to-business discussions "subject to contract" has been lent further weight by the High Court decision in Thameside Construction Company Ltd v. Arthenella Ltd, a dispute in which it was found that a telephone call between the parties on the eve of trial gave rise to a binding settlement.

After an exchange of formal offers between solicitors, and with a trial little more than a month away, the managing director of Thameside held several calls with his counterpart at Arthenella to discuss the settlement of their dispute. The parties disagreed as to whether these discussions amounted to

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