The Law and Practice of Compromise

This text deals primarily with the essential requirements of a valid compromise, the terms and effects of a compromise, the satisfaction and discharge of obligations under a compromise, the effects of a breach of compromise and the enforcement of a compromise. The second part of the book is devoted to offers and costs, discussing matters such as "without prejudice offers" and "payments into court". Another feature of the book is the role which lawyers play in the negotiating process. This is discussed in a section which deals with matters of professional ethics such as confidentiality, unfounded claims, the actual or ostensible authority needed to compromise a claim and the liabilities of legal advisers arising from compromise. The implications of Legal Aid are also discussed and a chapter examines the effects of settlement on insurance interests. Compromise is also considered in a variety of legal areas including infants and patients, matrimonial and family matters, landlord and tenant, boundary disputes and employment contracts.
This edition covers High Court and County Court legislation, matters in the Court of Appeal, Crown Office List Proceedings, disputes referred to arbitration and the proceedings of magistrates' courts and industrial tribunals.