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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