The defendant brought a motion under Rule 49 of the Rules of Civil Procedure to enforce a settlement allegedly reached through correspondence between counsel.
The self‑represented plaintiff denied that a binding settlement existed and sought to restore the action to the trial list.
The court held that a solicitor has authority to bind a client in settlement negotiations unless the opposing party is aware of limitations on that authority.
Correspondence between counsel demonstrated a clear offer and acceptance of settlement terms permitting the plaintiff to complete courses and obtain a diploma.
The court found a binding settlement had been reached and ordered judgment in accordance with the settlement.
