Foskett on Compromise, 10th Edition | 2024*
Foskett on Compromise, 10th Edition | 2024*
| Author | Hon Sir David Foskett, John Sorabji |
| Publication Date | Sept 2024 |
| ISBN | 9780414120730 |
| Format | Hardcover / Hardcover + eBook / eBook |
| Publisher | Sweet & Maxwell |
A compromise refers to the resolution of a dispute through mutual concessions by the parties involved. It typically arises in private law disputes, meaning disagreements between individuals or business entities. Such settlements may be reached either before or after litigation or arbitration begins, and may or may not involve mediation.
The book Foskett on Compromise serves as a comprehensive and authoritative guide for legal practitioners on the legal principles and practical aspects of dispute resolution, whether in domestic or international contexts.
Key Features of Foskett on Compromise, 10th Edition:
-
Provides reliable and detailed guidance on the legal rules governing compromises.
-
Explains the legal basis of a valid compromise, including the essential elements needed for its enforceability.
-
Covers the procedures and mechanisms for reaching a settlement, with particular emphasis on Part 36 of the Civil Procedure Rules (CPR) applicable in England and Wales.
-
Examines the legal consequences of a compromise, including what happens when the agreement is breached.
-
Discusses how a compromise is enforced and made effective in practice.
-
Explains the process for challenging the validity of a compromise (i.e., setting it aside or ‘impeaching’ it).
-
Analyzes various types of disputes where compromises are common, such as:
-
Chancery cases
-
Family, matrimonial, and inheritance matters
-
Serious personal injury claims (especially those involving children or vulnerable persons)
-
Employment disputes
-
Administrative law issues
-
Landlord-tenant and property boundary disagreements
-
Construction-related disputes
-
-
Explores settlements in arbitrations—both domestic and international—as well as outcomes reached through Alternative Dispute Resolution (ADR) methods.
-
Outlines the role and responsibilities of legal representatives (solicitors, barristers, etc.) in negotiating and advising on settlements, including their ethical duties and liabilities.
-
Includes guidance on the involvement of insurance interests in the settlement process.
-
Provides best practice advice, including ethical considerations and professional responsibilities.
-
Covers the settlement of international commercial disputes, whether resolved through mediation or other means.
What's New in This Edition:
-
Fresh guidance on mediation and other alternative dispute resolution (ADR) methods, reflecting the Court of Appeal’s ruling in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416.
-
Updated analysis of the courts’ current stance on Part 36 of the Civil Procedure Rules (CPR).
-
Revisions addressing recent case law on Tomlin Orders.
-
Insight into the amendments to the Family Procedure Rules 2010, effective from 29 April 2024, highlighting the increased emphasis on promoting non-court dispute resolution (NCDR).
-
New commentary on how courts are approaching the "Thwaite jurisdiction".
-
Updated guidance on the use of ADR in employment disputes.
Table of Contents of Foskett on Compromise, 10th Edition
- 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
Find more books like Foskett on Compromise, 10th Edition : Contract Law
Latest releases
Get your copy today!
