The Law and Practice of Compromise

The Law and Practice of Compromise : Litigation Library

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In his foreword to the previous edition, Lord Woolf wrote that "under the Civil Procedure Rules, offers to settle have become one of the most important elements of the civil justice system". The Law and Practice of Compromise has been especially designed to answer all the questions raised in this complex area. The book explains and provides authoritative guidance on compromise law, and brings practitioners completely up to date with the law and practice in this area. Given the increasing importance of offers to settle as a preferable alternative to litigation, the new edition is ideally timed. New additions to the book include a chapter on mediation and alternative dispute resolution, commentary on and analysis of the review by the Department of Constitutional Affairs of Part 36 of the CPR which concerns offers to settle and payments into court, and commentary and analysis of new cases and legislative developments. It includes a large section of forms and precedents, along with the text of relevant legislation and practice directions, and includes separate chapters on compromise in particular areas.
* Provides law and advice on a wide range of specific and important areas of compromise * Well-respected and authoritative - the 25th anniversary of publication of the first edition * Includes a new chapter on mediation and alternative dispute resolution * Contains an extensive collection of precedents * Written by David Foskett QC, one of the principal architects of the Civil Procedure Rules * Often cited in court, including at Court of Appeal level
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Product details

  • Hardback | 805 pages
  • London, United Kingdom
  • Revised
  • 6th Revised edition
  • 0421903007
  • 9780421903005

Table of contents

The legal foundation and consequences of compromise. The machinery, practice and enforcement of a compromise. The practice on impeachment of a compromise. Offers and costs. The role of legal advisers in compromise. Insurance interests and compromise. Chancery litigation. Matrimonial, family and inheritance disputes. The settlement of serious personal injury claims involving children or patients. Employment contracts and compromise. Landlord and tenant and boundary disputes. Construction litigation. Administrative court proceedings. Arbitrations. Appeals. Mediation and alternative dispute resolution. Appendices.
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