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Recorded Webinars

Recorded Webinar: Should My Client Accept That Offer? Determining When To Settle And When To Keep Fighting

A prudent party should settle if (but only if) terms of settlement offer value which exceeds the value of the party’s litigation position. But without a methodology for the valuation of the litigation position, a party can’t make that assessment. This practical session provides a
PRESENTED BY Hugh Stowe Barrister & Mediator - 5 Wentworth Chambers , Sydney

Date/Time

About the Webinar

A prudent party should settle if (but only if) terms of settlement offer value which exceeds the value of the party’s litigation position. But without a methodology for the valuation of the litigation position, a party can’t make that assessment. This practical session provides a novel and practical methodology for the valuation of a party’s litigation position. It provide a valuable set of tools for solving that seemingly imponderable dilemma: should my client accept the offer on the table, or litigate? It covers:

  • 3-step methodology for the overall valuation of a party’s litigation position:
    • probability-weighted valuation of monetary claims and exposures
    • monetising the value of non-monetary ancillary advantages and disadvantages of litigation (eg, stress, opportunity cost, reputation damage)
    • monetising the value of the risk associated with the litigation
  • The relevance of that methodology for determining a party’s “bottom line” – the worst offer the party should accept, in preference to litigation
  • The relevance of the methodology to settlement and litigation strategy
  • Practical case studies

Presented By

Hugh Stowe
Barrister & Mediator, 5 Wentworth Chambers Sydney, NSW

Hugh Stowe is a member of 5th Floor Wentworth Chambers, and has been at the bar for 20 years.

He practices in equity and commercial litigation, with specialisation in insolvency, corporations law, and restraint of trade.

He has an undergraduate degree from Sydney University, and a Master of Laws from Cambridge.

Before coming to the Bar, he practised at the firms now known as Herbert Smith Freehills and King & Wood Mallesons, and was the Associate to the Chief Justice of the Federal Court of Australia. He has also lectured in law in the University of Durham, in the UK.

Has written papers and delivered seminars on various topics while at the bar, including expert evidence, legal professional privilege, the ethics of witness preparation, corporations law, bias, restraint of trade, settlement and mediation strategy.

Who Should Attend?

This webinar is suitable for lawyers practising in commercial law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law . This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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