Avoiding the Latest Settlement Pitfalls: A Practical Guide for Lawyers

Introduction

Settling a dispute for a client is usually brought about by cost considerations and the risk of trial. However, moving from initial discussions to drafting a settlement agreement and, if necessary, court orders contains a number of hidden risks along the way.

This webinar will help you to master the settlement process, draft enforceable agreements and steer clear of costly legal traps.

What You Will Learn

This webinar will cover the following:

• Subject to contract labels and the consequences in getting those wrong
• Without prejudice privilege: how it arises and recent exceptions developing through case law. The role of ‘open offers’
• Drafting settlement agreement: pitfalls of certain terms such as agreements to agree, failure of consideration, the court’s interpretation of settlement terms in the event of breach and the ‘factual matrix’
• Drafting considerations for consent orders or Tomlin orders
• Enforcement of settlements whether expressed contractually only, with a Tomlin order, or exclusively as a Consent order

This pre-recorded webinar will be available to view from Thursday 16th April 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.