Settlement deed and release: civil litigation (with drafting notes)

This is an example of a settlement deed and release (with integrated drafting notes) that could serve as a useful starting point when drafting a settlement deed. In order to ensure that a settlement deed achieves its purpose, it is necessary for the deed to be tailored to the particular circumstances of the matter in question.

This specimen settlement deed should be read in conjunction with the integrated drafting notes. You may find it helpful to refer to the Checklist of issues to consider on drafting a settlement agreement.

You will only need to execute a settlement agreement as a deed in certain limited circumstances, such as where there is no consideration passing between the parties. If you need to draft a settlement agreement rather than a settlement deed, see Standard document, Settlement agreement and release: civil litigation (with drafting notes).

Peter Morton, K & L Gates

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