Mutual Release Of Claims Template for England and Wales

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Key Requirements PROMPT example:

Mutual Release Of Claims

"I need a Mutual Release of Claims between my technology company and a former contractor to resolve an IP dispute over software development work completed in January 2025, ensuring both parties waive all rights to future claims relating to the developed code."

Document background
A Mutual Release of Claims is commonly used when parties wish to resolve disputes or potential conflicts without resorting to litigation. Under English and Welsh law, this document serves as a bilateral agreement where each party agrees to relinquish their rights to pursue legal action against the other regarding specific matters. The agreement typically includes details of the disputes being settled, consideration provided, and specific terms of the release. It's particularly useful in commercial disputes, employment separations, or following the completion of significant transactions where parties wish to prevent future litigation. The document must comply with English contract law principles and should clearly define the scope of claims being released.
Suggested Sections

1. Parties: Identification and details of all parties to the release

2. Background: Context of the dispute or circumstances leading to the release

3. Definitions: Key terms used throughout the agreement

4. Mutual Release: Core provisions detailing the claims being released by each party

5. Consideration: Statement of consideration being provided for the release

6. Governing Law: Specification of English and Welsh law as governing law

Optional Sections

1. Non-Admission of Liability: Statement that the release does not constitute admission of liability by any party

2. Confidentiality: Provisions regarding confidentiality of the settlement terms and related information

3. Non-Disparagement: Provisions preventing parties from making negative statements about each other

4. Future Claims: Provisions addressing treatment of unknown future claims

Suggested Schedules

1. Schedule of Known Claims: Detailed list of specific claims being released by the parties

2. Payment Schedule: Details of any settlement payments including amounts and timing

3. Related Proceedings: List of any legal proceedings being terminated as part of the release

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Limitation Act 1980: Primary legislation governing statutory time limits for bringing different types of claims. Essential for ensuring the release covers claims within applicable limitation periods.

Law of Property (Miscellaneous Provisions) Act 1989: Key legislation governing contract formation and execution requirements, particularly relevant for ensuring the release is properly formed and enforceable.

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, ensuring that release terms are fair and reasonable, particularly regarding exclusions and limitations.

Consumer Rights Act 2015: Provides protection for consumers in contracts, setting requirements for fairness and transparency if one party is a consumer.

Misrepresentation Act 1967: Governs false statements made during contract formation, relevant for warranties about undisclosed claims in the release.

Civil Procedure Rules: Procedural rules governing civil litigation in England and Wales, particularly relevant if the release is settling ongoing legal proceedings.

Without Prejudice Rule: Common law principle protecting settlement negotiations from being used as evidence in court, relevant for communications leading to the release agreement.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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