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28 October 2011 / Georgina Squire
Issue: 7487 / Categories: Features , Profession
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Tread carefully

Litigators beware: settlement may not be good news, warns Georgina Squire

The most satisfying part of a litigator’s role is often settling a dispute. However, two recent decisions demostrate the risks involved. They offer words of warning and lessons to be learned for every litigation solicitor negotiating a settlement on behalf of their client.

Settling claim without authority

Amalgamated Metal Corporation Plc v Wragge & Co [2011] EWHC 887 (Comm), [2011] All ER (D) 114 (Apr) concerned tax litigation in which Wragge was acting for the Amalgamated Metal Corporation Plc (AMC). The main allegation against the solicitor firm was that it settled a claim without its client’s authority, in breach of its retainer and was negligent.

On the primary case of want of authority, AMC succeeded. The judge reached his conclusion based on both the documentary and witness evidence. He concluded that Wragge had never put the final offer to the client, so the client had not had the opportunity of considering it or instructing Wragge to accept it. One of the main

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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