This Practice Note identifies the different means by which a settlement can be documented, namely by exchange of correspondence, contract, deed, Tomlin order or consent order. The various advantages and disadvantages of these methods are discussed, including the sometimes problematic issue of determining the point at which the settlement offer is accepted, as well as the related issue of the basis on which the parties are negotiating (for example, on a ‘Without prejudice save as to costs’ basis and/or ‘Subject to contract’). It also sets out the execution requirements when settling using contracts and deeds, and provides sample counterparts wording. For guidance on making an offer to settle, see Practice Note: Settling disputes—settlement offers (Calderbank, WPSAC and Part 36). For guidance on drafting the terms of a settlement agreement (whether executed as a contract or a deed), see Practice Note: Settling disputes—drafting the settlement agreement. That Practice Note also deals with the issue of the disposal of the proceedings themselves where there are court proceedings in progress at the time of the settlement. For

This Practice Note considers how to adopt a negotiation strategy including tips on fact management, client objectives (including the best alternative to a settlement ), evaluation of your counter-party’s position, negotiation tactics and whether to start with a settlement offer or settlement discussion. For guidance on who should be involved in settlement discussions and issues of confidentiality and ‘subject to contract’ see Practice Note: Settling disputes—who, confidentiality and subject to contract. For guidance on assisted forms of settlement process, see Practice Note: What is ADR? and related content. For guidance on making offers and documenting a settlement, see Practice Notes: • Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) • Settling disputes—how to document a settlement and related content. Settling disputes—an early strategy for settlement Part of the process of litigation is the exchange of information under one of the specified pre-action protocols or (if none applies to the claim) under the Practice Direction Pre-Action Conduct and Protocols. The Letter of Claim and Letter of Response enable the parties to make progress in

This Practice Note identifies the different forms which an offer to settle a dispute may take, from open offer letters and Calderbank (without prejudice save as to costs) (WPSAC) letters to Part 36 offer letters; examining their respective advantages and disadvantages, their impact on costs liability and how to draft such offer letters. For further guidance on without prejudice communications, including Calderbank (WPSAC) letters, see Practice Notes: Without prejudice communications, Without prejudice explained and Without prejudice—exceptions to protection from admissibility. Although this Practice Note briefly summarises the key aspects of Part 36 offers to settle, for full guidance on all aspects of making, receiving, varying, accepting and rejecting a Part 36 offer and detailed precedents, see: Part 36 offers—overview. For guidance on how to make an offer or record a settlement and on drafting settlement agreements, see Practice Notes: • Settling disputes—how to document a settlement • Settling disputes—drafting the settlement agreement • How to make a genuine without prejudice offer For guidance on why, when and how to settle disputes,

This Practice Note considers the issues that can arise in determining when a binding settlement of a dispute has been concluded, if it was concluded at all. For guidance on enforcing settlement agreements, see Practice Notes: Enforcing settlement agreements concluded after proceedings have commenced and Enforcing a settlement agreement concluded pre-action. When a negotiation of disputed matters is followed by the acceptance of an offer supported by consideration with the intention of creating a legal relationship, a settlement agreement is made. In order to be contractually binding, in the settlement arrangement there must be identifiable: • acceptance of an offer—this means the final and unqualified assent to an offer • the assent corresponding with the terms of the offer • it is essential that the acceptance is communicated to the offeror to be accepted Be aware of the possibility of accepting an offer even though the intention is to continue negotiations. For guidance on avoiding this, see Practice Notes: • Settling disputes—who, confidentiality and subject to contract • Settling disputes—how to document a settlement For

This Practice Note considers when and why you should attempt to settle disputes and the consequences for not attempting to reach settlement if directed to attempt it. For guidance on who should be involved in settlement discussions, what form the settlement should take, how it should be documented and how it can be enforced, see the further guidance in this subtopic, including Practice Notes: • Settling disputes—who, confidentiality and subject to contract • Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) • Settling disputes—how to document a settlement • Settling disputes—drafting the settlement agreement • Resolving disputes concerning settlement agreements What is settlement? A settlement is the result of an agreement between the parties to the dispute to compromise and/or end the litigation or dispute if no proceedings have begun. It arises from an offer by one party that is accepted by the other or others. It may not involve all parties to a dispute. ’Compromise’ is a critical element. In Duke of Sussex v MGN Ltd, in the context of

This Practice Note considers who should be involved in negotiating a settlement (including team negotiations), issues of confidentiality and subject to contract when involved in settlement negotiations. For guidance on negotiation strategy, see Practice Note: Settling disputes—negotiation strategy. For guidance on assisted forms of concluding a settlement, see Practice Note: What is ADR? and related content. For guidance on making offers and documenting a settlement, see Practice Notes: • Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) • Settling disputes—how to document a settlement and related content. Who should be involved in trying to settle a dispute? The legal representative The role of the legal representative (sometimes it may be another professional adviser to the client) is invaluable in promoting an objective approach. This may be achieved by an adviser acting in a secondary role if the negotiation is being handled by the client. The advantage of an adviser leading negotiations is that they bring an independent and process-driven approach to the negotiation, removed from the emotions of the

A settlor is the term given to an individual setting up assets under a trust. The settlor agrees the provisions of the trust deed, appoints the trustees and specifies the beneficiaries under the trust.

The settlor interested rules are anti-avoidance rules, aimed at ensuring that a settlor cannot avoid tax on assets of which they are not fully divested. Whether a trust is settlor interested will depend on the particular tax in question.

Charges means the charges payable by the Authority in respect of the Services provided by the Supplier pursuant to this Agreement[, as such charges are further set out at [enter reference]

Law360: Border to Coast Pensions Partnership announced on 11 August 2025 that seven local government pension scheme (LGPS) funds that manage approximately £45bn in assets have signalled their intent to join the Border to Coast pool, as part of the wider government plan to consolidate LGPS assets and unlock more productive investment channels across the UK.

Law360: The retirement incomes of 40% of employees in the private sector are on track to fail to provide sufficient money to give them a decent standard of living, a report by the Institute for Fiscal Studies (IFS) said on 16 September 2024.

The situation described in the question is common where a group of leaseholders exercises a right to acquire the freehold pursuant to the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993). Often where some leaseholders are unable to participate, it is possible to find someone else, such as another leaseholder in the building or a third party investor, to act as a white knight. Essentially they will fund the share of the premium for those non-participating flats in exchange for a 999 year lease over those flats. In practice it is not unusual for those 999 year leases to then be sold to the non-participating