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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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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