In deciding whether an agreement should be considered an agreement and the parties must therefore stick to it, the Tribunal may consider correspondence between the parties (including “without correspondence of prejudice,” i.e. the one in which there was open discussion of the scheme) and the parties` operations during the case. If a notification is filed to show the case, there will be a trial in which the court can ask both parties (and their legal representatives for an explanation) if an agreement has been reached during negotiations by lawyers). At the Hearing on November 19, the woman was represented by Mr. Horowitz QC and Mr. Bishop, and the husband by Mr. Hess. Mr. Horowitz invoked two principles. First, if the Tribunal is satisfied that the parties must be linked and that essential conditions have been agreed upon, the contract would be maintained even if other important conditions were to be agreed at a later date. In support, he cited both Chitty and Treitel on contract.
Its second principle was that the first, developed in the field of trade agreements, was entirely consistent with the family court`s practice and policy with regard to the proper maintenance of good business. Mr. Hess argued that the question of the application of the normal principles of the treaty must be decided, that there is no contract if all the essential clauses have not been agreed or if the contract contains an agreed mechanism to determine what has not been agreed. In the later area of marriage, in the absence of an agreement reached, the application must be decided on the whole without reference to the negotiations. He relied on a number of authorities, perhaps mainly Foley v Classic Coaches  2 KB 1. It appears that Mr. Hess discovered the Pagnan SpA/Feed Products Limited case  2 LLR 601 during the oral proceedings. Mr. Horowitz acknowledged the relevance of this authority, while arguing that of the six principles set out by Lloyd LJ in the year 619, Principles 4 to 6 clearly proved a contract between the parties. A Xydhias agreement is an agreement between you and your spouse regarding your financial settlement on divorce, which is not yet a court decision, but to which you were bound.