Newbury v Sun Microsystems [2013] EWHC 2180

The Claimant had issued a claim for contractual commission in the sum of over $2million. The Defendant counterclaimed for recovery of an alleged overpayment. The trial was to begin on 12 June 2013. On 3 June 2013 the Defendant’s solicitor wrote to the Claimant’s solicitor stating: 61 “Our client is willing to settle the entire proceedings by paying £601,464.98… by way of damages… in full and final settlement of the Claim and counterclaim plus the sum of £180,000 in relation to his legal costs such settlement to be recorded in a suitably worded agreement. This offer is open for acceptance until 5pm.”

The Claimant agreed and the parties began drafting a formal agreement. On 5 June 2013 the