Drafting Settlement Agreements - The Thorny Issues & More

Introduction

Most claims that are litigated, and even more that are not, result in the settlement of the claim. But it is only when the lawyers get round to drafting the settlement document or reviewing the other party’s draft that the gaps emerge.

The phrase ‘settlement of the claim’ provokes questions. Which claim? Between which parties? Can other parties outside the agreement benefit from the settlement? Are there to be claim reservations?

The position is more complex when only part of a dispute is being resolved, with the remainder left to be fought over. Lessons from case law make all practitioners realise that great care is needed in this area, or the apparent ‘line drawn’ under the problem is no conclusion after all.

This virtual classroom session will look at the lessons from case law and grapple with the thorny issues resulting from documenting a negotiated settlement.

What You Will Learn

This live and interactive course will cover the following:

• The ideal release language to use in getting rid of claims
• How best to define ‘the Dispute’
• Present claims only or future claims no one even knows about (BCCI v Ali and Obaid v Al-Hezaimi)?
• How to release third parties intentionally
• How to avoid releasing claims inadvertently
• Agreements not to sue: belt and braces or betraying uncertainty?
• Classic cars, loans and alleged fraud - the cautionary approach to contract interpretation referred to in Maranello Rosso v Lohomij BV and Riley v National Westminster Bank
• Can issues around the meaning of settlement releases be determined via summary judgment applications?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.