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Foskett on Compromise, 10th Edition

Foskett on Compromise, 10th Edition

Author: Hon Sir David Foskett; John Sorabji
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414120730

Previous Edition ISBN: 9780414072657
Published In: September 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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A compromise is the settlement of a dispute by mutual concession. Generally speaking a compromise occurs most often in a private law context, which is to say in disputes between individuals and/or commercial entities. A compromise can emerge from negotiations either before or after the commencement of litigation or arbitration proceedings and whether or not facilitated by mediation.

The purpose of Foskett on Compromise is to provide practitioners with a comprehensive and authoritative analysis of the legal framework for the resolution of disputes and the practical implications of the process of settlement however that settlement is achieved and whether it is a dispute within a domestic jurisdiction or involves cross-border implications.

Features:

Provides authoritative guidance on the law of compromise.
Establishes the legal foundations of compromise and the essential requirements of a valid compromise.
Goes through the procedure of compromise, its machinery and methods, with particular attention to Part 36 of the CPR in connection with disputes resolved within England and Wales.
Considers the consequences of a compromise and the effects of a breach.
Examines the enforcement of a compromise and how a compromise is put into effect.
Explains the practice of challenging the validity of (or ‘impeaching’) a compromise in order to have it set aside.
Deals individually with different types of dispute, including: settlements in Chancery litigation; matrimonial, family and inheritance disputes; serious personal injury claims involving children or patients; employment contract disputes; disputes in administrative law; landlord and tenant, boundary, and construction disputes.
Includes analysis of the compromise of arbitrations, domestic and international, appeals and compromises achieved through all forms of ADR.
Discusses the proper role of legal advisers (whether barrister, solicitor or other appropriate representative) in the process of compromise, including consideration of skills, responsibilities, obligations and liabilities.
Covers insurance interests and compromise.
Offers guidance and advice throughout as to best practice, for example as to what professional ethics and responsibility require in various situations.
Covers all aspects of the settlement of international commercial disputes whether achieved with the assistance of mediation or otherwise.

New to this edition:

New guidance on mediation and other forms of alternative dispute resolution following the Court of Appeal’s decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416.
Updates on the Court’s approach to CPR Part 36
Updates on cases concerning Tomlin Orders
Update to the FPR and the importance of non-court dispute (NCDR) in resolving matrimonial disputes.
Interaction between Parts 21 and 36 considered in Wormald v Ahmed [2021] EWHC 973 (QB)
New guidance on employment ADR

Part 1: The legal foundation and consequences of compromise

1. Introduction

2. Nature of a dispute

3. Essential requirements of a valid Compromise

4. Impeachment of a Compromise

5. Terms of a Compromise

6. Effects of a Compromise

7. Satisfaction and Discharge of Obligations under a Compromise

8. Effects of a Breach of a Compromise

Part 2: The machinery, practice and enforcement of a compromise

9. Means by which Compromises are Effectuated

10. Practice of Compromise

11. Enforcement of a Compromise

Part 3: The practice on impeachment of a compromise

12. Practice on Setting Aside a Compromise

Part 4: The settlement process in civil justice

13. Present Landscape in Civil Litigation

14. Structure of CPR Pt.

15. The making, acceptance and consequences of an effective Part 36 Offer

16. The court’s supervisory role in Part 36

18. Offers outside Part 36

17. The effect of a Part 36 offer after trial

19. The “Without Prejudice” Rule

Part 5: Role of legal advisers in compromise

20. Professional Ethics and Responsibilities

21. Authority to Compromise and Liabilities of Legal Advisers Arising from Compromise

Part 6: Insurance interests and compromise

22. Insurance Interests and Compromise

Part 7: Chancery litigation

23. The Settlement of Chancery Litigation

Part 8: Matrimonial, family and inheritance disputes

24. Compromise of Disputes between Husband and Wife and Civil Partners

25. Settlement of Inheritance Act Disputes

26. Offers of Settlement in Matrimonial Finance Cases

Part 9: The settlement of serious personal injury claims involving children or protected parties

27. Settlement of Serious Personal Injury Claims Involving Children or Protected Parties

Part 10: Employment contracts and compromise

28. Employment Contracts and Compromise

Part 11: Landlord and tenant and disputes over land

29. Landlord and Tenant

30. Disputes over land

Part 12: Construction litigation

31. Construction disputes

Part 13: Arbitrations

32. Settlement of Arbitrations

Part 14: Administrative court proceedings

33. The Resolution by Agreement of Administrative Court Proceedings

Part 15: Appeals, ADR and Cross-Border disputes

34. Settlement of Appeals

35. Settlement through ADR

36. The Settlement of International Commercial Disputes Appendices

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