DWS v RMS

Civil procedure – Divorce – Settlement of action. Sheriff Court: Following a preliminary proof on whether a divorce case had been compromised by solicitors by written offer dated 26 September 2013 and oral acceptance the following month, the court, having repelled the defender's objection to the admissibility of evidence of oral acceptance of the contract, held that the parties' solicitors did not agree an essential term of the contract of compromise and the action therefore failed.

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