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Foskett on Compromise 10th ed (Book & eBook Pack)


ISBN13: 9780414120747
To be Published: August 2024
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Book & eBook Pack (ProView)
Special Offer: £330.50
(Usual price £389.00)


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Also available as
Hardback
9780414120730
not yet published
£299.00
£269.00

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
  • Update to the FPR and the importance of non-court dispute (NCDR) in resolving matrimonial disputes.
  • Interaction between Parts 21 and 36 considered in Wormald v Ahmed [2021] EWHC 973 (QB)
  • New guidance on employment ADR

Subjects:
eBooks, Courts and Procedure
Contents:
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

Series: Sweet & Maxwell Litigation Library

Foskett on Compromise 10th ed ISBN 9780414120730
To be published August 2024
Sweet & Maxwell Ltd
£299.00
Foskett on Compromise 10th ed (eBook) ISBN 9780414120754
To be published August 2024
Sweet & Maxwell Ltd
£269.00
(ProView)
Pre‑Order
Commercial Litigation: Pre-Emptive Remedies Looseleaf (Annual) Annual Subscription ISBN 9780421786608
Latest Release January 10, 2024
Sweet & Maxwell Ltd Subscriptions
£2219.37
Commercial Litigation: Pre-Emptive Remedies Looseleaf (CBR Only) Pay-as-you-go
Latest Release May 22, 2024
Sweet & Maxwell Ltd Subscriptions
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Expert Evidence: Law and Practice 5th ed ISBN 9780414074330
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Foskett on Compromise 9th ed ISBN 9780414072657
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Sweet & Maxwell Ltd
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