Cases - Andrew Bracken and Ann Trickett v Graham Billinghurst

Record details

Name

Andrew Bracken and Ann Trickett v Graham Billinghurst

Date

[2003]

Citation

EWHC 1333

Keywords

Contract – construction contract – compromise – adjudication – cheques – offer of settlement said to be binding if cheque presented for payment – presentation of letter but with letter not accepting cheque in full settlement - whether presentation and encashment of cheque constituted acceptance of offer of compromise

Summary

Disputes arose between the parties that were referred to Adjudication. The Claimants won approximately £44,000 in total. The Defendant at this stage offered to settle the claim for £5,000 and sent a cheque for this amount making it clear that this offer to settle would be binding if the cheque was presented to the Bank. That cheque was presented to the Bank and shortly afterwards the Claimants wrote confirming that the cheque was not accepted as settlement of the claim. The Court held that the covering letter to the cheque was clear and that presentation and encashment of that cheque constituted the clearest acceptance of that offer of compromise.