Message from Common Law Committee regarding iCare Deed of Release

19/08/2021

The Common Law Committee has identified issues with the iCare’s ‘standard’ Deed of Release.

The Committee is in the process of engaging with relevant stakeholders regarding these issues. In the interim, the Committee suggests that members exercise caution when using or advising on the Deed in settlement negotiations. In particular, the Committee draws members’ attention to those clauses dealing with release, indemnity, independent legal advice and the costs of the deed, and the effect of those clauses on other claims and latent injuries.

The Committee also notes that, while the Deed may be presented as ‘standard’ in the settlement process, it should not be taken to be non-negotiable.