This book, previously know as The Law and Practice of Compromise, provides authoritative guidance on the law of compromise, enabling disputing parties to avoid litigation wherever possible. It sets out the legal foundations and essential requirements of compromise. It provides practitioners with the information necessary to make use of the tools provided under the Civil Procedure Rules and explains the various contexts in which they can be applied.
COVERAGE
- Shows how to make use of the tools provided under the Civil Procedure
- Rules for offering settlements and avoiding litigation
- Explains the procedure of compromise, with particular attention to Part 36 of the CPR
- Considers the consequences of a compromise and the effects of a breach
- Deals individually with compromise in different types of dispute, 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
- Examines the enforcement of a compromise and how a compromise is put into effect
- Offers advice on best practice throughout
- Analyses the role of compromise in arbitrations, appeals and 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 related costs issues
- Explains the practice of challenging the validity of a compromise in order to have it set aside
- Features an extensive range of precedents for drafting offers to settle
- Reproduces relevant legislation and practice directions
HIGHLIGHTED NEW COMMENTARY INCLUDES
- Updated text to take into account 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 & Carry plc
- Updated text to take into account Court of Appeal cases such 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
- Developments with Part 36 including the most recent amendments and cases such as 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 learning on mediation including the effect of Court of Appeal decisions including Wright v Wright, PGF II SA v OMFS Company 1 Limited and Swain Mason v Mills & Reeve
- Updated text in all areas to take account of recent developments including the current Chancery Guide and a number of cases in the matrimonial finance sphere concerning the setting aside of consent orders
