Release And Settlement Of Claim Form Template for England and Wales

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Key Requirements PROMPT example:

Release And Settlement Of Claim Form

"I need a Release And Settlement Of Claim Form to settle an employment dispute with a former employee who is claiming unfair dismissal, with a settlement amount of £45,000 and a confidentiality clause, to be executed by March 2025."

Document background
The Release And Settlement Of Claim Form is a crucial document in dispute resolution under English and Welsh law. It is typically used when parties wish to formally conclude a dispute without (or before) court proceedings, or to settle ongoing litigation. The document provides certainty to all parties by clearly defining the terms of settlement, including any financial compensation, and protecting against future claims arising from the same circumstances. It's particularly important in commercial disputes, personal injury claims, employment matters, and insurance settlements.
Suggested Sections

1. Parties: Details of the settling parties, including full legal names and addresses

2. Background: Brief description of the dispute and circumstances leading to settlement

3. Definitions: Key terms used in the agreement including 'Claim', 'Settlement Sum', 'Effective Date'

4. Settlement Terms: Core settlement provisions including payment terms, timing, and method of payment

5. Release: Specific claims being released and scope of the release

6. Governing Law: Specification that the agreement is governed by the laws of England and Wales

Optional Sections

1. Confidentiality: Terms requiring parties to keep the settlement and its terms confidential

2. Non-disparagement: Provisions preventing parties from making negative statements about each other

3. Tax Provisions: Clauses addressing the tax treatment of settlement payments and related obligations

4. Warranties: Representations and warranties from the parties regarding the settlement

5. Return of Property: Provisions for returning any relevant documents or property

Suggested Schedules

1. Schedule of Claims: Detailed list of all claims and proceedings being settled and released

2. Payment Schedule: Breakdown of payment installments if applicable, including dates and amounts

3. Related Proceedings: List of any related legal proceedings being discontinued as part of the settlement

4. Form of Announcement: Agreed form of any public announcement regarding the settlement, if applicable

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

Contract Law Act 1999: Fundamental legislation governing contract formation, consideration, and capacity to contract in England and Wales

Civil Procedure Rules (CPR): Rules governing civil litigation in England and Wales, particularly Part 36 regarding settlement offers and Pre-Action Conduct

Limitation Act 1980: Establishes time limits within which different types of legal claims must be brought

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly exclusion clauses, ensuring terms are fair and reasonable

Consumer Rights Act 2015: Protects consumer interests and establishes fairness requirements when one party is a consumer

Companies Act 2006: Governs company law, including authority to enter into settlements when parties are companies

Employment Rights Act 1996: Key legislation for employment-related claims and settlements

Equality Act 2010: Legislation covering discrimination claims and settlements involving protected characteristics

Data Protection Act 2018: Governs handling of personal information and confidentiality provisions in settlements, alongside UK GDPR

Income Tax Act 2007: Determines tax treatment of settlement payments and relevant tax obligations

Taxation of Chargeable Gains Act 1992: Governs tax implications for capital gains aspects of settlements

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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