As we all know, one way to prevent a contract being formed in the negotiations stage under English law is by use of the phrase ‘subject to contract’. When a document or email is marked ‘subject to contract’, this serves to indicate that the parties are still in the process of negotiation, or that the agreement the parties may have reached is not to be legally binding until it is signed. However, as recent case law has shown, this is nevertheless an area which, if not carefully managed, comes with the risk of the parties finding themselves bound into a contract. Learn more in this byline about the complexities of English law pre-contract negotiation by Complex Litigation and Dispute Resolution partner Hannah Field and associates Rebecca Wardle and Joshua Angrave. Read the byline here.
In The Press December 01, 2021