A businessman who accuses the Bank of Bermuda of defrauding him says he never accepted an out-of-court settlement.

Dilton Robinson yesterday took the witness stand in a civil court case brought by the bank to enforce the alleged agreement.

He claims he and his wife Sharon never accepted a Deed of Settlement and Release as they did not agree to the terms.

The bank however, says an agreement was reached on November 14, 2008. Nothing was signed by March 5, 2009, forcing the financial institution to issue a court summons to enforce the terms.

But Mr. Robinson insists he never gave authority to his lawyers Tony Bueno QC and Tony Cottle to accept the offer.

The businessman said he communicated primarily through junior counsel Mr. Cottle and was never in "direct contact" with senior counsel, UK barrister Mr. Bueno.

When UK expatriate Mr. Cottle's work permit ended on November 15, 2008, Mr. Robinson said he contacted Rick Woolridge Jr. for legal assistance, believing he was unrepresented.

Mr. Robinson also claims his wife never received "individually independent legal advice", a condition of the settlement.

Today Chief Justice Richard Ground QC is expected to make a judgment in the case, ending a court battle dating back to 1998.

The dispute started with a $1.7 million loan the businessman took out in June 1992 to refinance his debts.

He claimed the bank pressured he and his wife into the loan while knowingly having information he would be in default.

Mr. Robinson's lawyers say e-mail correspondence shows bank employees were aware his name could be linked to a criminal investigation but proceeded with the loan.

They then disclosed personal financial information to the Police and to Mr. Robinson's boss David Gutteridge. He was fired from his job in July 1992.

Mr. Robinson was never interviewed by Police or prosecuted for any offence. But after losing his job he defaulted on the loan and his house in Town Hill Road, Flatts, was possessed in 1996 as security.

Two years later Mr. Robinson issued a lawsuit against the Bank of Bermuda for breach of trust and confidentiality.

In 2007 Court of Appeal judge Charles Etta-Simmons dismissed the case, saying the statute of limitations had expired. But she said another lawsuit by Mr. Robinson, 'no. 241 Action' in 2002, which adds claims of fraud, misrepresentation, breach of fiduciary duty and sales at undervalue, can continue.

While awaiting a hearing Mr. Robinson's lawyers and the bank's legal team began negotiating an agreement for "complete settlement of all claims", in August 2008.

The bank's former legal counsel Andrew Martin appeared as a witness in the case yesterday.

Asked whether he thought Mrs. Robinson was independently represented, he told the court: "My understanding is that Mr. Cottle and Mr. Bueno were representing both Mr. and Mrs. Robinson in the negotiations of their global settlement of all claims they may have had against the bank and another party."

But Mr. Woolridge claimed Mr. Bueno and Mr. Cottle only acted for Mr. Robinson. He added there was a lack of communication between Mr. Bueno and Mr. Robinson.

"Having scrolled through thousands of e-mails on Mr. Robinson's account at no time did I see any communication directly between Mr. Robinson and Mr. Bueno," he said.

Mr. Martin said of the November 14 offer: "My understanding was a settlement agreement had been reached."

He said he sent a draft Deed of Settlement and Release to Mr. Bueno.

"He confirmed, subject to some small provisions, it represented the agreement that had been reached."

Mr. Robinson told the court yesterday Mr. Bueno was never fully aware of the extent of his financial losses, so the settlement offer fell short.

"The files from Bermuda Home and other cases were still at my house and the only files that Mr. Bueno had and Mr. Cottle had at that stage were I believe, the 1998 and 2002 files, so Mr. Bueno never got access to the other files to see the extent of the losses and those claims," said Mr. Robinson.

Bank of Bermuda lawyer Tim Marshall asked: "Didn't you think you should have copied them to Mr. Cottle and asked him to forward them to Mr. Bueno?"

Mr. Robinson replied: "To be honest I didn't think that negotiations had gone to that extent."

He added Mr. Cottle, with whom he was in direct contact, "did not get involved in direct negotiations with Mr. Martin".

On November 15 his work permit ran out. "Mr. Cottle losing his job, the chain was broken and I never communicated directly with Mr. Bueno," said Mr. Robinson.

Of the November 14 offer, he told the court: "I told Mr. Cottle, 'There's no deal'."

Mr. Justice Ground has placed reporting restrictions on details of the bank negotiations and settlement until the case is concluded.