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Cover A Practical Approach to Alternative Dispute Resolution

23. Recording Settlement  

This chapter explores the process of recording a settlement, which is the final part of the alternative dispute resolution (ADR) process. It is essential that all the issues between the parties are covered in a settlement agreement. If particular issues are deliberately left out of the agreement, or are left for further agreement, this should be made clear. The normal rules of contract law must also be adhered to, or the settlement will not be binding. While oral agreements are usually binding, the risk of misunderstandings means that it is invariably best practice to record the agreement in writing. The chapter then looks at the different methods of recording settlement agreements, including exchange of letters, contract or deed, interim order, consent order, and Tomlin order. Ultimately, when drawing up the agreement, it is important not to overlook how any existing proceedings are to be dealt with and on how the costs are to be paid.


Cover Textbook on Land Law

14. Trusts of land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter provides an overview of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), with a special focus on the impact of the Act on the rights of beneficiaries and the duties of trustees under settlements of land created after 1 January 1997. These are illustrated by reference to: Mary Brown, the owner of 10 Trant Way, who needs advice about creating a settlement in her will; and six students who hold 8 Trant Way as co-owners, and are therefore subject to a statutory trust of land.