Fair. I'd pose that there's usually a window where the parties will at least consider settlement when they think a decision is imminent.
As with the APT challenges, it's always seemed to me that a settlement was preferable in that City and the EPL will be partners long after the ruling is issued. Mutual compromise is better for that long-term business relationship. If things went well for City, and they can get a palatable deal that largely exonerates them, that's hard to not strongly consider. They've done real damage to the PL and Masters through this and the APT attacks. Cost the PL a ton of money. If City could put this all behind them with a slap on the wrist, that's awfully hard to turn down.