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.
Under the Civil Procedure Rules, offers to settle have become one of the most important elements of the civil justice system; litigation should be viewed as the last resort. Part 36 of the CPR covers offers to settle and payments into court. Compromise can also result from arbitration or mediation.
The purpose of Foskett on Compromise is to provide practitioners with the necessary information to make use of the tools provided under the Rules. The book explains and provides authoritative guidance on the law of compromise and the various contexts in which it can be applied.
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.
- 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; landlord and tenant, boundary, and construction disputes.
- Includes analysis 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 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.
