Judge Jarman noted that, whilst there was consensus in retrospect that certain items should have been included in the HOT (such as cross indemnities and the rent review mechanism) there was not a consensus at the mediation about the detail of how those provisions should be drafted. Therefore, all the terms agreed at the mediation were incorporated in the HOT and those not agreed simply fell outside the scope of section 2. Lesson 5: precisely record all terms that are agreed upon in the HOT.
ABOUT THE AUTHORS Laura Cole Associate Laura Cole is an Associate in the Real Estates Disputes department. Laura specialises in Dispute Resolution, Real Estate and Planning Disputes and Real Estate Occupiers. Laura is a graduate of BPP London, with a Graduate Diploma in Law, and a graduate of the University of Southampton with a Bachelor of Arts in History.
Kieran Sharman Traine Solicitor Kieran is a Trainee Solicitor in the Real Estate Disputes team in CMS’ Bristol office. He graduated with a First from the University of Bristol in 2017, having spent his third year studying abroad at the National University of Singapore.