Things to Avoid When Drafting Settlement Agreements

Invaluable drafting guidance for litigators

  • 8 ratings, 192 users enrolled

Course Overview

By reviewing recent litigation cases that have generated further litigation, barrister and lecturer Helen Swaffield will identify and offer guidance on how to avoid the top seven mistakes which litigators make when producing Tomlin Orders or settlement agreements.

During this invaluable 60-minute session Helen will explore the following:
#1   Who is a party – Who is included in its scope as a third party?
#2   The importance of definitions is the right place after Blackpool Football Club
#2   What is the scope of the “shield” after Khanty-Mansivsk Recoveries Ltd v Forsters LLP - Is it an abuse of process?
#3   Are the obligations securely drafted for enforcement “shall” “will” after Grand China
#4   Dealing with or preserving misrepresentation following deliberate non-disclosure Al-Hawasi v Nottingham Forest 
        Football Club
#5   Do you need an indemnity clause as well? Workman v Forrester
#6   Boilerplates that can and should be omitted
#7   Have you reached an agreement or are you “subject to contract”: Rosalina Invest

What are the requirements?

  • Watch the recorded webinar, review the supporting documentation and complete the short quiz to test your legal knowledge
  • This course provides 1 CPD point

Learning Outcomes

  • On completion of this course you will:
  • • Be aware of the pitfalls which drafting settlement agreements can present and have the knowledge and confidence needed to avoid them
  • • Feel more confident in your ability to produce Tomlin Orders and settlement agreements

What is the target audience?

  • This course is suitable for litigants of all levels including trainees, fee earners and qualified solicitors


About Instructor - Helen Swaffield

Helen was formerly a member of St Ives Chambers in Birmingham where she had a commercial chancery and insolvency practice. In August 2017 Helen established and now heads her own chambers: Contract Law Chambers & Advocates. Her expanding client base is serviced through offices in Chancery Lane, Bristol and Manchester.

In addition to being the former editor of the Procurement and Outsourcing Journal and the Commercial Litigation Journal published by Legalease, Helen is a well-renowned lecturer and trainer who develops bespoke training programmes for legal and business clients in the UK and internationally. 

Course Curriculum

Recorded Webinars

  • Webinar

Supporting Documentation

  • Slides
    27 Page


  • Quiz


  • Price
  • £ 90