Hastily drafted heads of terms at mediation: the risks


The effect of so-called ‘heads of terms’ agreements produced at mediation, and in particular the extent to which they bind those who sign them, is often misunderstood, with unfortunate consequences.  In a recent High Court decision, Abberley v Abberley [2019] EWHC 1564 (Ch), HHJ Jarman QC considered exactly this question; his judgment acts as a useful reminder, to all those involved in mediation, of the need to draft such documents with care.

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