Podcast Location:
Download it here [file size: 25.5 MB]
Categories:
Civil Procedure
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to set out the key requirements of any well drafted settlement agreement. It will consider both the form of any accord and the key elements that should be included in its terms. The podcast will also focus on any possible allegations of misrepresentation or non-disclosure that might disturb a settlement once proceedings have closed.

Outcomes:
After completing the course you will:
  • Know the form a settlement agreement usually assumes;
  • Know when a deed of settlement might be required;
  • Know at what stage a settlement agreement becomes binding and irrevocable;
  • Know whether non-disclosure of material facts can vitiate a settlement agreement;
  • Understand what impact misrepresentation may have on any settlement agreement;
  • Know how parties might seek to shield themselves from a subsequent claim for misrepresentation;
  • Understand the key component clauses of a settlement agreement;
  • Be aware of the key mechanisms by which parties can halt any underlying proceedings during and following the conclusion of settlement;
  • Understand the benefits of using a Tomlin Order to stay proceedings.
Level:
Beginner Difficulty: 1 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Tiney Engineering v Amods Knitting Machinery [1987] CLY 412;
  • Smallman v Smallman [1971] 3 All ER 717;
  • Longman v Viscount Chelsea [1989] 58 P & CR 189;
  • Silver Queen Maritime Ltd v Persia Petroleum Services plc [2010] EWHC 2867 (QB);
  • Gilbert v Endean (1878) 9 ChD 25;
  • Hirschfeld v. London, Brighton and South Coast Railway Company (1876) 2 QBD 1;
  • Bank of Credit and Commerce International SA v Ali and others [2001] UKHL 8;
  • BCT Software Solutions [2003] EWCA Civ 939;
  • Heaton and Ors v Axa Equity & Law Assurance Society plc and Ors [2002] UKHL 15;
  • Contracts (Rights of Third Parties) Act 1999.;
  • The Bargain Pages Ltd. v Midland Independent Newspapers Ltd. [2003] EWHC 1887 (Ch);
  • Re The Ardandhu, 12 AC 256.
Tags:

This podcast is about the mechanics of the settlement process in civil disputes. While a speedy settlement might be the ultimate goal in a complex dispute, how is settlement actually achieved and recorded?

Podcast added: 05/07/11

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