Settling non-employment disputes: drafting and documenting agreements, releases and retained claims, Tomlin orders, costs, confidentiality and boilerplate (England and Wales)
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Practice notes
Has a complete agreement been reached?
It may seem peculiar to ask if a full agreement exists at the very moment the parties have decided that one of them will prepare a settlement draft. Yet practical experience shows that, once drafting begins, it can emerge that certain matters were never fully covered in the negotiations. As a result, the drafting stage can prompt fresh discussions before the complete set of terms is finally settled. This can be monitored during talks by using a checklist reflecting the headings in this Practice Note, while also allowing for the distinctive subject matter of the dispute in question. Some items may have been purposely left open. Parking a difficult point until drafting can be a tactical step, taken because one side believes compromise on that issue might be easier later than if confronted earlier. To meet that tactic, a sensible reply is to keep negotiating until every point is agreed, and then draft to reflect the bargain actually reached. In short, insist on clearing every issue at the table first, so the drafting records what has been settled, rather than reopening negotiation in guise. The appropriate way to record the settlement Assuming a written...
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Web page updated on 22/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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