REUTERS | REUTERS/Gonzalo Fuentes

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REUTERS | REUTERS/Jason Lee

It is commonplace in commercial transactions for communications to be marked “subject to contract”. The extent to which the label has effect in settlement negotiations was put to the test in Joanne Properties Ltd v Moneything Capital Ltd and another, where the Court of Appeal provided guidance on this, particularly whether agreement that the qualification is expunged may be necessarily implied.

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