The Law and Practice of Compromise

"The Law and Practice of Compromise" by David Foskett is a comprehensive legal guide that focuses on the principles, procedures, and practical aspects of compromise in litigation. Here is a detailed overview of the book:

Key Themes

1. Legal Foundation and Repercussions: The book explores the legal basis of compromise and its implications in various legal contexts.
2. Apparatus, Practice, and Enforcement: It delves into the mechanisms and practices involved in achieving and enforcing compromises.
3. Removal of Compromise: The book discusses the procedures for withdrawing or rescinding a compromise.
4. Costs and Offers: It examines the financial aspects of compromise, including costs and offers made during settlement negotiations.
5. Role of Legal Counsel: The role of lawyers in facilitating and advising on compromise settlements is a significant theme.
6. Insurance Interests: The book addresses how insurance policies intersect with compromise agreements.
7. Litigation in Chancery: It covers the specific procedures and considerations in Chancery courts.
8. Family, Matrimonial, and Inheritance Disputes: The book provides guidance on settling disputes related to family, marriage, and inheritance.
9. Personal Injury Cases: It includes detailed discussions on settling significant personal injury cases involving patients or children.
10. Employment Contracts and Compromise: The book explores how employment contracts can be settled through compromise.
11. Tenant-Landlord Issues and Border Disputes: It covers disputes between tenants and landlords as well as border disputes.
12. Construction Litigation: The book discusses the legal aspects of construction disputes.
13. Administrative Court Proceedings, ADR, and Appeals: It includes information on proceedings in administrative courts, alternative dispute resolution (ADR), and appeals processes.

Plot Summary

The book is structured to provide a thorough understanding of the legal and practical aspects of compromise. It starts by establishing the foundational principles of compromise in law, then moves on to detailed discussions of its apparatus, practice, and enforcement. The subsequent chapters delve into specific areas of law where compromise is commonly used, such as family law, employment law, and personal injury cases. The book concludes with discussions on the role of legal counsel, insurance interests, and the procedures for removing a compromise.

Critical Reception

While specific reviews are not provided in the search results, the book has been recognized as an authoritative source in the field. The 7th edition, published in 2010, was noted for incorporating the most recent Civil Procedure Rules, indicating its relevance and timeliness in legal practice. The 10th edition, published in 2024, continues this tradition by providing a comprehensive and authoritative analysis of the legal framework for resolving disputes through compromise.

Editions and Publication

The book has been published in multiple editions, with the most recent being the 10th edition in 2024. Previous editions include the 5th edition published in 2002 and the 7th edition published in 2010. The book is available in both print and digital formats, making it accessible to practitioners and students alike.

In summary, "The Law and Practice of Compromise" by David Foskett is a seminal work in the field of dispute resolution, offering a comprehensive guide to the legal and practical aspects of compromise in various legal contexts. Its authoritative analysis and practical insights make it a valuable resource for legal practitioners and students.