A compromise is a method of resolving a disagreement by mutual surrender. A compromise is most commonly seen in a private legal situation, that is, in conflicts between people and/or economic companies. Negotiations, whether aided by mediation or not, might result in a compromise before or after the start of lawsuit or arbitration procedures.
The goal of Foskett on Compromise is to provide practitioners with a thorough and authoritative examination of the legal framework for dispute resolution, as well as the practical implications of the settlement process, regardless of how it is accomplished and whether the dispute is within a domestic jurisdiction or has cross-border implications.
Features of Foskett on Compromise, 9th Edition:
The law of compromise is explained in depth in this book.
Establishes the legal underpinnings for compromise as well as the necessary conditions for a lawful compromise.
Examines the compromise mechanism, its apparatus, and techniques, with a focus on Part 36 of the CPR in relation to disputes settled inside England and Wales.
Considers the ramifications of a compromise as well as the repercussions of a breach.
Examines the process of enforcing a compromise and how a compromise is implemented.
Explains how to challenge (or ‘impeach’) a compromise’s legitimacy in order to get it thrown out.
Settlements in Chancery litigation; matrimonial, family, and inheritance disputes; serious personal injury claims involving children or patients; employment contract disputes; administrative law disputes; landlord and tenant, boundary, and construction disputes are just a few of the types of disputes that he handles on an individual basis.
Includes an examination of local and international arbitration compromises, as well as appeals and concessions reached via other kinds of alternative dispute resolution.
Considers the capabilities, responsibilities, obligations, and liabilities of legal advisers (whether barristers, solicitors, or other competent representatives) in the compromise process.
Insurance concerns are addressed, as well as compromise.
Throughout the book, it provides counsel and suggestions on best practises, such as professional ethics.
Covers all aspects of the settlement of international commercial disputes whether achieved with the assistance of mediation or otherwise.
TABLE OF CONTENTS
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. 36;
15 The making, acceptance and consequences of an effective Part 36 Offer;
16 The court’s supervisory role in Part 36;
17 The effect of a Part 36 offer after trial;
18 Offers outside Part 36;
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
Additional information
Binding
Hardcover
Edition
9th
ISBN
9789393702890
Publication
Sweet & Maxwell
Author
David Foskett, John Sorabji
Year of Publication
2021
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