Foskett on Compromise

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
• Guidance on the amendments to the Family Procedure Rules 2010 which came into force on 29 April 2024 with the increased focus on enabling and encouraging parties to engage in non-court dispute resolution (NCDR)
• Updates on the court’s approach to the so-called Thwaite jurisdiction
• New guidance on employment ADR

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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;
• 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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