Subject to contract stipulation had not been waived

In Baltimore Wharf SLP v Ballymore Properties Ltd and WSP UK Ltd [2026] EWHC 312 (TCC) it was held that the defendant was not entitled to summary judgment or to strike out the claimant's claim on the ground that the proceedings between the parties had been settled. The proposed settlement agreement stated at the top of every page that it was "subject to contract and without prejudice save as to costs". Further, it was held that the parties had not agreed to remove that stipulation with the consequence that the settlement agreement remained subject to contract and did not constitute a legally binding agreement.