Foskett on Compromise, 9th Edition *

Foskett on Compromise, 9th Edition

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.

• 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