Settlement Agreements - A Masterclass with Helen Swaffield

Introduction

This masterclass is aimed at litigators and inhouse counsel who are involved in settling claims.

By using a practical workshop format, litigators and inhouse counsel will learn how to draft a settlement agreement to deal with different problems and to suit different situations. There will be an opportunity to catch up with recent case law concerning mediation, ‘without prejudice’ and ‘subject to contract’ as well as a review of the clauses themselves along with practical tools and legal insight.

What You Will Learn

This course will cover the following:

• A refresher on without prejudice and subject to contract - what is their effect?
• How to stop the litigation without incurring costs
• Nail the extent of the release and waiver - precisely
• Accepting the Part 36 offer
• Operative provisions - paying and performing
• Managing risks - using the indemnity and the reciprocal carve out - zombie litigation
• Boilerplate clauses and why they count