Foskett On Compromise, 8th Edition

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Foskett On Compromise, 8th Edition

Author The Hon. Sir David Foskett
Publication Date July 2015
ISBN 9789386374295
Format Hardcover
Publisher Sweet & Maxwell

 

Previously known as The Law and Practice of Compromise, this book gives authoritative guidance on the law of compromise, allowing conflicting parties to avoid litigation wherever feasible. It lays out the legal grounds as well as the necessary elements of compromise. It gives practitioners the knowledge they need to employ the instruments offered by the Civil Procedure Rules, as well as an explanation of the many settings in which they can be used.

COVERAGE of Foskett On Compromise, 8th Edition

  • Shows how to use the instruments offered by the Civil Procedure Rules to make settlement offers and avoid litigation.
  • Explains the compromise method, paying special emphasis to Part 36 of the CPR.
  • Considers the ramifications of a compromise as well as the repercussions of a breach.
  • Deals with various types of disputes, including Chancery litigation, matrimonial, family, and inheritance disputes, insurance, serious personal injury claims involving children or patients, employment contract disputes, and landlord and tenant, boundary, and construction disputes on an individual basis.
  • Examines how a compromise is enforced and how a compromise is implemented.
  • Throughout the book, he gives guidance on excellent practises.
  • Examines the role of compromise in arbitrations, appeals, and alternative dispute resolution.
  • Discusses the appropriate role of legal advisers (whether barristers, solicitors, or other competent representatives) in the compromise process, taking into account talents, duties, obligations, and liabilities.
  • Concerns about related expenses are addressed.
  • Explains how to challenge a compromise's legitimacy in order to have it thrown out.
  • Provides a wide range of precedents for formulating settlement proposals.
  • Reproduces applicable statutes and practise guidelines.

Foskett On Compromise, 8th Edition HIGHLIGHTED NEW COMMENTARY INCLUDES

  • Dunhill v Burgin, Rainy Sky SA v Kookmin Bank, Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors, and Barnes v Eastenders Cash & Carry plc have all been updated to reflect recent Supreme Court cases of importance, including Dunhill v Burgin, Rainy Sky SA v Kookmin Bank, Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors, and Barnes v Eastenders Cash & Carr
  • Pannone LLP v Aardvark Digital Ltd, Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors, Gossage v Bishton, Watson v Sadiq, Zurich Insurance Co Plc v Hayward, Wallace v Follett, and Co-Operative Group Ltd. v Birse Developments Ltd have all been updated to reflect recent Court of Appeal decisions.
  • Recent developments with Part 36, include cases like Howell & Ors v Lees-Millais & Ors, Commissioners for HM Revenue and Customs v Blue Sphere Global Ltd, Phi Group Ltd v Robert West Consulting Ltd, Solomon v Cromwell Group Plc, Fox v Foundation Piling Ltd, and Coward v Phaestos Ltd.
  • New information on mediation, including the implications of recent Court of Appeal rulings such as Wright v Wright, PGF II SA v OMFS Company 1 Limited, and Swain Mason v Mills & Reeve.
  • Updated wording in all sections to reflect recent developments, such as the current Chancery Guide and a number of decisions involving the setting aside of consent orders in marital finance.

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