Decision details

To confirm the intention to settle the litigation with X Ltd on terms which are exempt, but which entail the expenditure of a sum of money that is in excess of the £1m identified as the threshold for a “Key Decision” in the Council’s Constitution.  The intention is also to vary the ongoing contractual relationship on terms which are exempt.

To approve:

That the Council’s Monitoring Officer (or relevant Head of Law in his stead) be authorised to sign the relevant Settlement Agreement and Deed of Variation under Articles 15.03 and 15.05 of the Council’s Constitution.

The Council has been involved in litigation with X Ltd for some time. X Ltd are a company with whom the Council has an ongoing contractual relationship.

The report confirms the intention to settle the litigation with X Ltd on terms which are exempt, but which entail the expenditure of a sum of money that is in excess of the £1m identified as the threshold for a “Key Decision” in the Council’s Constitution. The intention is also to vary the ongoing contractual relationship on terms which are exempt.

The alternative is to proceed to trial, which would entail additional risks.