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ARTICLE · 04 JULY 2013

Non-Binding Agreements - David Frost v Wake Smith & Tofields Solicitors

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The Court of Appeal decision in David Frost v Wake Smith & Tofields Solicitors [2013] EWCA Civ 1960 provides a cautionary reminder of why it is always preferable to document any terms agreed by clients in a legally binding agreement as soon as possible.

United KingdomLitigation, Mediation & Arbitration
Andrew Burnette
Andrew Burnette

When is failing to document a settlement at mediation negligent?

Clients rely upon their solicitors to document agreements in legally binding terms. If an agreement is reached and reduced to writing but turns out not to bind the parties, can the client claim against the solicitor for negligence?

The Court of Appeal decision in David Frost v Wake Smith & Tofields Solicitors [2013] EWCA Civ 1960 provides a cautionary reminder of why it is always preferable to document any terms agreed by clients in a legally binding agreement as soon as possible. If this is not possible, solicitors may owe a duty to explain the non-binding nature of the agreement to their client.

Pitfalls of a non-binding agreement

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