Baltimore Wharf SLP v Ballymore Properties Limited & Anor [2026] EWHC 312 (TCC) Knowledge Check

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Baltimore Wharf SLP v Ballymore Properties Limited and another
[2026] EWHC 312 (TCC) | Technology and Construction Court, London
Before Recorder Singer KC sitting as a Judge of the TCC | Heard 4 February 2026 | Handed down 16 February 2026
Knowledge Check
Subject-to-contract negotiations and alleged binding settlement

This Knowledge Check examines applications by Ballymore Properties Limited and WSP UK Limited for summary judgment or strike-out. They contended that Baltimore Wharf SLP's claims had been settled by a legally binding agreement on 24 September 2024.

The underlying proceedings concerned the collapse of a nursery roof at Baltimore Wharf in London. Baltimore Wharf pursued Ballymore under a collateral warranty and in tort, while Ballymore brought a Part 20 claim against WSP. The settlement discussions proposed payments of GBP 300,000 by Ballymore and GBP 100,000 by WSP.

Although Baltimore Wharf's solicitor confirmed that the settlement terms were agreed, every travelling draft remained marked subject to contract. The court found no express or necessarily implied removal of that reservation. The settlement applications were dismissed.

This Knowledge Check covers
  • The nursery-roof collapse claim
  • The proposed contributions from Ballymore and WSP
  • The travelling settlement drafts
  • The subject-to-contract reservation
  • The counterpart and execution provision
  • The email exchange on 24 September 2024
  • Events following the alleged agreement
  • The high bar for removing the reservation
  • The court's treatment of later conduct
  • The dismissal of the settlement applications
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Legal Disclaimer
This Knowledge Check is provided for educational and professional development purposes only and does not constitute legal advice. The content reflects interpretations and analyses that may not apply to specific circumstances. Contract interpretation depends on specific wording, jurisdiction, and factual context. Always consult qualified legal professionals before making decisions based on this content. SCCSI and its contributors accept no liability for reliance on this material.
This is a module from the Society of Construction Claims Specialists International's Construction Claims and Contracts Certification Programmes.
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