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Law of Guarantees 8th Edition

Law of Guarantees covers the full range of legal issues that practitioners will encounter when dealing with the law and practice of guarantees and sureties. The authors provide detailed analysis of the statutory requirements and contractual considerations in relation to guarantees, combined with expert in-depth commentary on key judicial decisions.
14 precedents and an appendix of key legislative extracts, ensures the Law of Guarantees is the rounded authority every commercial lawyer needs at their fingertips.

 
  • A comprehensive explanation of the law and practice of guarantees and surety
  • Provides detailed analysis of the statutory and contractual requirements relating to the law of guarantees.
  • Covers the applicable law in a wide range of contexts, including guarantees for loans, consumer credit, hire purchase, landlord and tenant, building contracts, commercial contracts, international commerce.
  • Examines the guarantors liability and rights against both creditors and debtors.
  • Explains the many different forms of contract and sets out the legal principles that underpin them.
  • Offers clear and extensive analysis of key judicial decisions arising from guarantee disputes.
  • Looks at the elements of a guarantee, its construction, and its enforcement .
  • Discusses revocation of contracts and discharge of the surety.
  • Addresses insolvency in relation to guarantees.
  • Includes a range of valuable precedents including Standard Form Bank Guarantee, On Demand Unconditional Performance Bond, and Bank Guarantee in Respect of Security for Costs.
  • Now in its eighth edition and frequently cited in court, this text is the leading work on guarantees.
  • Written by the leading experts in the field: the Hon Mrs Justice Geraldine Andrews and Richard Millett QC of Essex Court Chambers, joined in this edition by John Robb, also of Essex Court.
  • Appendices ensure that practitioners can quickly refer to extracts of key legislation, including: Statute of Frauds 1677, Bills of Exchange Act 1882, Consumer Credit Act 1974, Unfair Contract Terms Act 1977, Insolvency Act 1986, and the Companies Act 2006.
 
Gatley on Libel and Slander 13th Edition

Now in its thirteenth edition and part of the prestigious Common Law Library, Gatley on Libel and Slander has established itself as the definitive work on defamation law and practice.

 
This new edition comes at a key time. The work has been comprehensively updated and restructured to provide a thorough examination of the Supreme Court decision in Lachaux v Independent Print Ltd – a landmark defamation case addressing the definition of “serious harm” in the Defamation Act 2013.
 
In addition to providing detailed commentary and expert analysis of the substantive law, it offers comprehensive guidance on the procedural aspects of bringing an action. This advice is complemented with example forms and precedents for issuing proceedings and summaries of key damages awards, making it both a practical and authoritative reference.
 
  • The authority on the law of defamation with expert analysis of the law and all significant developments in libel and slander, malicious falsehood and privacy.
  • Detailed coverage of the relevant procedure for practising defamation law – serving as a one-stop reference at every stage of an action.
  • Examines the defamatory statement including slanders actionable, publication, identifying the person defamed and addresses the question: who may sue or be sued?
  • Looks at the various available remedies including compensatory, aggravated and exemplary damages.
  • Commentary on related causes of action such as malicious falsehood, misuse of private information and other causes arising from statements.
  • Explores available defences with discussion of honest comment, absolute and qualified privilege, publication in public interest and more.
  • Comprehensive examination of the procedure for bringing an action from interim injunctions and particulars of claim to counterclaims, apologies, the trial and appeals.
  • Relevant cases from other jurisdictions with commentary on their relevance to UK law and procedure, including decisions from Canada, Australia and New Zealand.
  • Discusses the jurisprudence of the European Court of Human Rights and the continuing effect of the Human Rights Act on defamation law.
  • Provides forms and precedents for issuing proceedings, statements of case and settlement and reproduces relevant excerpts of key statutes.
  • Includes an appendix with summaries of important libel awards.
Please note that the print and eBook publication dates will not always match.
 
 
Jackson & Powell on Professional Liability 9th Edition

Jackson & Powell is the definitive text on Professional Liability. It provides comprehensive coverage of the law of professional liability. It is an essential reference point for every practitioner as it aids them in establishing whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists while explaining the remedies available.

 
Key features
  • Examines the nature of professional liability
  • Deals with subjects of general application and delves into specific professions
  • Discusses the difference between tortious liability and contractual liability
  • Considers the duties and obligations of a professional including positive duties and restrictions
  • •Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience
  • Discusses changes in the standard required by professional
  • Explains the nature of a fiduciary duty including unauthorised profits and undue influence
  • Discusses the origins of the duty of confidentiality including the continuing duty to former clients
  • Differentiates between limitation in contract, tort and equity
The new edition addresses all key developments and case law that have evolved since publication of the 4th Supplement to the 8th edition in December 2020. It includes the following significant new cases and developments, including the following:
  • Insurance. In Lord Bishop of Leeds v Dixon Coles & Gill the Court of Appeal gave further guidance in relation to aggregation. It held that liabilities to different clients arising from thefts from the insured firm’s client account by a partner should not be aggregated as they did not arise out of a series of related acts or omissions.
  • Scope of duty. The decisions of the Supreme Court in Manchester Building Society v Grant Thornton UK LLP, an accountants’ case, and Meadows v Khan, a medical case, provide significant guidance and refinement of the scope of duty principle, concentrating on the purpose of the advice objectively construed. This is relevant to claims against most professionals.
  • Surveyors. In Hart v Large the Court of Appeal upheld a decision that a negligent surveyor was liable for the difference in value between the purchase price and the actual value of the property with all the defects, including latent defects, as his advice should have advised that there were risks which could not be assessed.
  • Lawyers: In Harcus Sinclair llp v Your Lawyers Ltd the Supreme Court has for the first time reviewed the law on solicitors’ undertakings. It has provided significant further guidance on the questions to be asked to determine whether an undertaking was given as a solicitor.
  • Financial practitioners. Adams v Options SIPP UK LLP has significant ramifications for execution only SIPP providers. The Court of Appeal reviewed earlier High Court authority to the effect that the giving of mere information may constitute advice where the provision of information is itself the product of a selection process involving a value judgment.
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Benjamin's Sale of Goods, 11th Edition (Mainwork & 1st Supplement)

GUIDANCE TO THE LAW OF SALE OF GOODS
Offering a one-stop source to all the elements, principles, legislation and case law surrounding sale of goods not just in the UK but internationally, Benjamin's Sale of Goods has firmly established itself as the only title you need on sale of goods.
Frequently cited in court, its depth and coverage make Benjamin an essential reference tool in your commercial law library.
The first supplement to the eleventh edition of Benjamin’s Sale of Goods brings the main work up to date with the latest developments. The key new case law and legislation covered includes:
  • European Union (Withdrawal Agreement) Act 2020
  • European Union (Future Relationship) Act 2020
  • Corporate Insolvency and Governance Act 2020 (corporate rescue and contract termination)
  • Lehman Brothers International (Europe) v Exofix Partners llp (fundamental impossibility and restitution)
  • Gregor Fisken v Carl (delivery; passing of property in compound goods)
  • Triplepoint Technology Inc v PTT Public Co Ltd (liquidated damages and contract termination)
  • CIS General Insurance Ltd v IBM United Kingdom Ltd (equitable set-off and contract termination)
  • BP Oil International v Vega Petroleum Ltd (f.o.b. and free into pipeline (f.i.p.) contracts; restitution)
  • A v B (The Tai Hunter) (f.o.b. nomination of vessel)
  • Shanghai Shipyard co Ltd v Reignwood International Investment (Group) Co Ltd (performance guarantees)
  • Enka Insaat Ve Sanayi SA v OOO Insurance Co Chubb (choice of law and arbitration agreement)

 

 
Bowstead & Reynolds on Agency, 22Ed (Mainwork & 1st Supp)

Bowstead & Reynolds on Agency is the essential reference source for commercial practitioners. Part of the long-established Common Law Library, this new edition updates all relevant aspects of law and how they relate to agency agreements, including contract law, administrative law, tort, commercial/company law, the law of property and the conflict of laws.
 
Key changes in this Supplement:
Among the changes and new case law covered are:
  • Chapter 1: Advisor or agent?; agency involving companies; agency and sale; ministerial agents Wood v Commercial First Business Ltd [2021] EWCA Civ 471; Satyam Enterprises Ltd v Burton [2021] EWCA Civ 287
  • Chapter 2: Identifying party for whom agent acts; requirements as to form when agent signs for principal NDH Properties Ltd v Lupton Fawcett LLP [2020] EWHC 3056 (Ch); Prempeh v Lakhany [2020] EWCA Civ 1422
  • Chapter 3: Lack of authority and arbitration clauses Republic of Mozambique v Credit Suisse International [2021] EWCA Civ 329
  • Chapter 5: Sub-agency and co-owners Sotheby’s v Mark Weiss Ltd [2020] EWCA Civ 1570
  • Chapter 6: Duties of care and skill; conflict of interest; trust of assets in possession of agent; account of profits; misuse of confidential information; bribes and secret commissions Sciortino v Beaumont [2021] EWCA Civ 786; Secretariat Consulting Pte Ltd v A Company [2021] EWCA Civ 6; Fairford Water Ski Club Ltd v Cohoon [2021] EWCA Civ 143; National Stadium Project (Grenada) Corp v NH International (Caribbean) Ltd [2020] UKPC 25; Gray v Global Energy Horizons Corp [2020] EWCA Civ 1668; Lifestyle Equities CV v Ahmed [2021] EWCA Civ 675; Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38
  • Chapter 7: Solicitor’s remuneration; effective cause requirements in commission contracts; solicitor’s lien EMFC Loan Syndications LLP v The Resort Group Plc [2021] EWCA Civ 844; Winlink Marketing Ltd v The Liverpool Football Club & Athletic Grounds Ltd [2020] EWHC 2271 (Comm)
  • Chapter 8: Determining whether principal or agent party to contract; holding out in apparent authority; relevance of agency law to estoppel; election; vicarious liability; parent company liability; imputation of an agent’s knowledge Gregor Fisken Ltd v Carl [2021] EWCA Civ 792; Bell v Ivy Technology Ltd [2020] EWCA Civ 1563; Sotheby’s v Mark Weiss Ltd [2020] EWCA Civ 1570; Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356; Natwest Markets Plc v Bilta (UK) Ltd [2021] EWCA Civ 680; Okpabi v Royal Dutch Shell Plc [2021] UKSC 3
  • Chapter 9: Agent bidding at auction; effect of agent signing contract; liability in negligent misstatement; liability for participating in tort; dishonest assistance; remuneration earned helping principal defend breach of trust allegation Tattersalls Ltd v McMahon [2021] EWHC 1629 (QB); Gregor Fisken Ltd v Carl [2021] EWCA Civ 792; Lifestyle Equities CV v Ahmed [2021] EWCA Civ 675; Tunein Inc v Warner Music UK Ltd [2021] EWCA Civ 441; Natwest Markets Plc v Bilta (UK) Ltd [2021] EWCA Civ 680
  • Chapter 10: Implied termination and successive powers of attorney; effect of withdrawal of agent’s authority Barclays Bank Plc v Al Saud [2021] EWHC 701 (Comm)

 

 
Keating on Construction Contracts, 11Ed (Mainwork & 1st Supp)

A classic construction law text Keating on Construction Contracts is a first port of call for all research on the history and principles governing building contracts, their practical application and their interpretation by the courts. Renowned for its accessible style, and reliable authority the title covers all relevant legislation and case law, EC law, and the FIDIC, NEC3, JCT Forms of Contracts and ICE Conditions of Contract.
 
The book offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts and presents in depth practical help in a concise style, discussing legal principles, analysing judicial decisions, interrogating standard forms and interpreting legislation.
The first supplement to the 11th edition updates the book with recent cases and legislation, including:
  • The impact of the Supreme Court decisions in Manchester Building Society v Grant Thornton LLP and Kahn v Meadows on the scope of tortious duties and recoverable loss.
  • Court of Appeal guidance on Construction of Contracts in Lamesa Investments Ltd v Cynergy Bank Ltd, ABC Electrification Ltd v Network Rail Infrastructure Ltd and Septo Trading Inc v Tintrade Ltd.
  • The decision in SK Shipping Europe Plc v Capital VLCC 3 Corp relating to misrepresentation claims.
  • Cases relating to frustration and impossibility arising from the Covid-19 pandemic.
  • Changes in liability for defects arising from the Building Safety Bill 2021-22.
  • The effect of the decision of the Supreme Court in Triple Point Technology v PTT on the recovery of liquidated damages in termination cases.
  • The decision on causation by the Supreme Court in Financial Conduct Authority v Arch Insurance (UK) Ltd.
  • An update to reflect the 2021 ICC Arbitration Rules.
  • A new, fuller commentary on the FIDIC forms.

 

 
McGregor on Damages, 21Ed (Mainwork & 1st Supp)

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for over 50 years. Part of the Common Law Library McGregor on Damages provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to a full analysis of specific areas of damages.
 
Features:
  • Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages
  • Clarifies complex areas such as loss of a chance, mitigation, causation and exemplary damages
  • Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages, and damages that permit disgorgement of a defendant's profits
  • Examines such issues as periodical payments and interest on damages
  • Goes through statement of case, the trial and appeals
Considers damages in relation to particular contracts, torts and human rights such as below:
Contracts
  • Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage, Contracts of Employment, and Contracts for Professional Services
Torts
  • Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy, Confidence and Private information, and Misfeasance in Public Office
Human Rights
  • Comprehensive examination of damages under the Human Rights Act 1998 including the claims for which these damages are available, the circumstances when they will be available, and their quantum.
The First Supplement to the Twenty-First edition covers all the latest developments in the law of damages since publication of the Twenty-First Edition in December 2020. These include important decisions on causation, remoteness of damage and scope of duty of care, consequential loss and indemnity clauses, damages for a loss of a chance, exemplary damages, disgorgement of profits, penalties, taxation consequences, interest, damages for defamation, harassment and infringement of privacy, damages for personal injury, damages consequent upon death including dependancy claims.
Case updates include (note this is not an exhaustive list):
  • Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 and Khan v Meadows [2021] UKSC 21 which are two extremely important decisions of the Supreme Court of the United Kingdom, sitting with a panel of seven judges in each case, addressing the manner in which damages are limited across all of tort law by the concept of the scope of the defendant's duty. The first case concerned negligence by accountants and the second concerned negligence by a doctor.
  • Large v Hart [2021] EWCA Civ 24 a decision prior to Manchester Building Society and Khan involving damages for the negligence of a surveyor, with scope of duty limitations consistent with the two Supreme Court decisions.
  • Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29 in which the Supreme Court of the United Kingdom addressed the anterior question to whether a clause is liquidated damages or a penalty, namely whether the clause applies to the circumstances or whether in the circumstances the general law rules of damages will apply.
  • Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1; [2021] 2 WLR 123, in which Lords Hamblen and Leggatt (with whom Lord Reed agreed) consider issues of how, and when, the "but for" test of causation of loss should apply in a claim for damages.
  • British Gas Trading Ltd v Shell UK Ltd [2020] EWCA Civ 2349 in which the Court of Appeal again considered the but-for test for causation in the context of a breach of contract by sellers of gas under long term agreements that obliged the sellers to maintain a capacity to deliver natural gas at a specified rate.
  • PCP Capital Partners LLP v Barclays Bank Plc [2021] EWHC 307 (Comm) in which Waksman J considered the difficult question of what threshold there should be before recovery of damages will be permitted for loss of a commercial chance.
  • Swift v Carpenter [2020] EWCA Civ 1295 in which the Court of Appeal addressed and resolved the denial of reasonable compensation for the additional capital costs of special accommodation for personal injury in circumstances in which interest rates are negative.
  • Head v The Culver Heating Co Ltd [2021] EWCA Civ 34 in which, in a claim for damages for death, the Court of Appeal addressed the recovery of income during the lost years where the income arose from a company in which the claimant was the driving force.
  • Tuke v H

 

 
MacGillivray on Insurance Law 15th Edition

MacGillivray on Insurance Law is the established authority on non-maritime commercial insurance and risk. For over one hundred years it has been a trusted text for providing comprehensive and clear guidance through its examination of the most recent cases and legislative developments.

Covering general principles, particular classes of business and the parties involved, it is a must-have title for anyone seeking advice on insurance law.
This new edition brings you up-to-date with the latest and most significant new case law over the past year, with updated commentary to the text reflecting key developments introduced by Brexit, the FCA test case on business interruption insurance and more.
  • Comprehensive guidance on non-maritime commercial insurance and risk through the analysis of cases and legislation.
  • Detailed explanation of the general principles and rules concerning commercial insurance, risk, and loss.
  • Covers different classes of business including life insurance, personal accident policies, property, motor vehicle and aviation.
  • Looks at the parties involved with chapters on insurance companies, Lloyd’s policies and the role of agents.
  • Examines the rules on the formation, drafting and termination of insurance contracts.
  • Explains the key principles of good faith, warranties and the duty of disclosure.
  • Advises on the Insurance Act 2015, the changes to the law and the consequences for disputes concerning the new law.
  • Defines insurance and insurable interest.
  • Looks at issues of fraud, misrepresentation, and non-disclosure by third parties.
  • Outlines how insurance policies are constructed while explaining the meaning of words and addressing inconsistencies in phrasing.
  • Covers the rules of payment, renewal and non-payment of premiums.
  • Analyses the rights of two or more insurers and third-party rights.
  • Comparison of English law with Scotland, the USA and the Commonwealth.
 
Commentary on the LCIA Arbitration Rules, A 2nd Edition

A Commentary on the LCIA Arbitration Rules, 2nd edition expands on the First Edition, which was the first full length book on the 2014 LCIA Rules. The second edition provides a thorough assessment of the current Rules and their operation in practice, as well as their legal and historical context. It also provides advice on areas for consideration when choosing the LCIA Rules or conducting an arbitration under them, and highlights the differences and innovations in the Rules and their implications. The commentary extends to the Annex, containing Guidelines for legal representatives, the Schedule of Costs, and to the LCIAs Guidance Notes. The book also provides practitioners with a substantial set of invaluable reference materials for use in conjunction with the Rules new reference materials to this edition including the LCIA Guidance Notes and the DIFC-LCIA Rules 2016.
Key features:
  • Provides expert analysis and practical advice to those considering or engaged in arbitration under the LCIA Rules, making it a valuable reference both for specialists and those new to arbitration
  • Explains features of administered arbitration under the LCIA Rules and draws comparisons with ad hoc, trade association and other institutional arbitration proceedings, such as those under the ICC and SIAC Arbitration Rules
  • Goes through every aspect of the proceedings so you have expert guidance throughout
  • Explains the LCIAs procedures for the selection and appointment of Arbitral Tribunals and Emergency Arbitrators
  • Covers issues that need to be considered when nominating candidates for an Arbitral Tribunal
  • Discusses the challenge, removal or replacement of arbitrators and summarises and discusses published challenge decisions of the LCIA Court
  • Discusses the changes made to the LCIA Rules over time, thereby putting the current Rules in their proper context
  • Includes a substantial and invaluable set of reference materials for use with the Rules new to this edition being the LCIA Guidance Notes and the DIFC-LCIA Rules 2016

 

 
Handbook of ICC Arbitration: Commentary and Materials 5th Edition

A valuable contribution to ICC arbitration - Alexis Mourre, President of the ICC International Court of Arbitration
 
Written by experienced practitioners as arbitrators and counsel in dozens of cases each year, The Handbook of ICC Arbitration reflects the very latest practice in ICC arbitration.
 
Key features:
  • Provides article-by-article commentary on the new 2021 ICC Rules of Arbitration, incorporating discussion of ICC Notes and developments in case law and soft law.
  • Chapters guide the practitioner through the arbitral process, from commencement, to the arbitral tribunal, arbitral proceedings, and awards and costs.
  • Examines the diverse issues that can occur during an arbitration, from appointment and challenge of arbitrators, case management conferences, issues of due process and hearings, admissibility and weight of evidence, and annulment and enforcement of awards.
  • Contains a useful selection of models, notes, checklists and examples.
New to this edition:
  • The 2021 ICC Rules of Arbitration effective as of 1st January 2021.
  • Note to the Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration as updated on 1st January 2021.
  • The IBAs Rules on the Taking of Evidence in International Arbitration as revised December 2020.
  • The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (14th December 2018).
 
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Insolvency Litigation: A Practical Guide 3rd Edition

Insolvency Litigation: A Practical Guide 3rd Edition provides a comprehensive commentary on the process, procedure and issues faced by practitioners conducting insolvency related litigation. This title offers specific practical guidance to the most important court applications on this specialist area of insolvency practice, including;
  • Focused coverage of the mechanics of litigation in insolvency proceedings
  • Completely updated in line with the Insolvency Rules 2016 as amended and after the Corporate Insolvency and Governance Act 2020
  • Provides detailed guidance on court practice and procedure and the principles of law relevant to insolvency litigation
  • Two new chapters one providing an overview of corporate restructuring, the other providing an overview of insolvency litigation in the Caribbean (Cayman Islands, Bermuda, and the BVI)
  • Offers detailed guidance to different aspects of litigation, including litigation against an insolvent defendant, limitation, costs and funding issues, litigation by office holders and their approach to litigation and the types of application that arise in insolvency cases
  • Summarises the issues relevant to cross-border insolvency
  • Deals with challenging the acts and decisions of the officeholder and their removal
  • Considers applications to set aside transactions under the Insolvency Act 1986 in the context of both corporate insolvency and bankruptcy, enforcing the duty to cooperate with the officeholder, wrongful and fraudulent trading and misfeasance
  • Covers personal insolvency litigation issues and applications such as the matrimonial home and conflicts with family law, annulment, income payment orders and applications to suspend a bankrupts date of discharge
  • Looks at the process and nature of different types of applications in corporate insolvency such as applications for permission to be a director of a company with a prohibited name, validation orders and applications to end the administration
 
Chitty on Contracts, 34th Edition (Vols 1 & 2)

The leading reference work on contract law in the Common Law world. Chitty offers guidance to the whole range of contract law as practiced in the UK.

  • Provides coverage of all relevant legislation and a huge depth of case reference
  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Contains interpretation and analysis of general legislation since the last edition
  • Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance
  • Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence
  • Treats in detail the Capacity of partiesAnalyses and comments on the terms of the contract relating to Express and Implied Terms
  • Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses
  • Examines Illegality and Public Policy
  • Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment, Death and Bankruptcy
  • Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach
  • Studies remedies for breach of contract, including damages and limitations of actions
  • Discusses Restitution in relation to contract law
  • Analyses conflict of laws as if affects contract law
  • Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship
  • Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established

New developments include:

  • An expanded chapter on Restrictive Agreements and Competition
  • Changes to make the contents of Chitty more accessible to readers. These include: subdividing chapter 1 into three chapters, one of which is devoted to Fundamental Principles of Contract Law and includes an extensive discussion of good faith; moving the discussion of Force Majeure clauses to the chapter on Frustration; adding a new section on Joint Creditors and an expanded account of Novation; revising, expanding and in some cases renaming several chapters, including the chapter that is now called Termination for Breach.
  • An updated account of the effects of Brexit on contracts, and the implications of the Trade and Cooperation Agreement
  • Cabinet Office Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency

Key new case law covered:

  • Implied terms in relational contractsBates v Post Office Ltd (No.3: Common Issues); Morley v Royal Bank of Scotland (CA)
  • Formation: Wells v Devani (SC)
  • Rectification: FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd (CA)
  • Public authorities: School Facility Management Limited v Governing Body of Christ the King College
  • Misrepresentation: BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises Inc (CA)
  • Duress: Times Travel (UK) Ltd v Pakistan International Airlines Corp (CA); Ukraine v Law Debenture Trust Corp Plc (CA)
  • Illegality: Okedina v Chikale (CA); Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd (SC); Stoffel Co v Grondona (SC)
  • Restraint of trade: Tilman v Egon Zehnder Ltd, Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (SC)
  • Assignment: Business Contract Terms (Assignment of Receivables) Regulations 2018
  • Frustration: Canary Wharf (BP4) T1 Ltd v European Medicines Agency
  • Restitution: Skandinavaskia Enskilda Banken v Conway (PC); Barton v Gwyn-Jones (CA); Samsoondar v Capital Insurance Co Ltd (PC); Test Claimants of the FII Group Litigation v Revenue and Customs Commissioners (SC)
  • Consumer contracts: Jones v Roundlistic Ltd Credit: Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, SI 2020/1311
  • Employment: Harpur Trust v Brazel (CA); Addison Lee Ltd v Lange; OBrien v Department of Constitutional Affairs (SC); Uber v Aslam (SC); Royal Mencap Society v Tomlinson-Blake (SC)
 

 

 
Chitty on Contracts 34th Edition Volume 1

The leading reference work on contract law in the Common Law world. Chitty offers guidance to the whole range of contract law as practiced in the UK.

  • Provides coverage of all relevant legislation and a huge depth of case reference
  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Contains interpretation and analysis of general legislation since the last edition
  • Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance
  • Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence
  • Treats in detail the Capacity of partiesAnalyses and comments on the terms of the contract relating to Express and Implied Terms
  • Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses
  • Examines Illegality and Public Policy
  • Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment, Death and Bankruptcy
  • Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach
  • Studies remedies for breach of contract, including damages and limitations of actions
  • Discusses Restitution in relation to contract law
  • Analyses conflict of laws as if affects contract law
  • Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship
  • Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established
New developments include:
An expanded chapter on Restrictive Agreements and Competition
Changes to make the contents of Chitty more accessible to readers. These include: subdividing chapter 1 into three chapters, one of which is devoted to Fundamental Principles of Contract Law and includes an extensive discussion of good faith; moving the discussion of Force Majeure clauses to the chapter on Frustration; adding a new section on Joint Creditors and an expanded account of Novation; revising, expanding and in some cases renaming several chapters, including the chapter that is now called Termination for Breach.
An updated account of the effects of Brexit on contracts, and the implications of the Trade and Cooperation Agreement
Cabinet Office Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency
Implied terms in relational contractsBates v Post Office Ltd (No.3: Common Issues); Morley v Royal Bank of Scotland (CA)
Formation: Wells v Devani (SC)
Rectification: FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd (CA)
Public authorities: School Facility Management Limited v Governing Body of Christ the King College
Misrepresentation: BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises Inc (CA)
Duress: Times Travel (UK) Ltd v Pakistan International Airlines Corp (CA); Ukraine v Law Debenture Trust Corp Plc (CA)
Illegality: Okedina v Chikale (CA); Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd (SC); Stoffel Co v Grondona (SC)
Restraint of trade: Tilman v Egon Zehnder Ltd, Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (SC)
Assignment: Business Contract Terms (Assignment of Receivables) Regulations 2018
Frustration: Canary Wharf (BP4) T1 Ltd v European Medicines Agency
Restitution: Skandinavaskia Enskilda Banken v Conway (PC); Barton v Gwyn-Jones (CA); Samsoondar v Capital Insurance Co Ltd (PC); Test Claimants of the FII Group Litigation v Revenue and Customs Commissioners (SC)
Consumer contracts: Jones v Roundlistic Ltd Credit: Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, SI 2020/1311
Employment: Harpur Trust v Brazel (CA); Addison Lee Ltd v Lange; OBrien v Department of Constitutional Affairs (SC); Uber v Aslam (SC); Royal Mencap Society v Tomlinson-Blake (SC)
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Riley on Business Interruption Insurance, 11th Edition

Riley continues to set itself apart as the go-to title on business interruption insurance. It offers a combination of insurance, legal and accounting perspectives to provide you with a 360-degree view of the subject and practical, authoritative advice.
 
This new edition comes at a critical time. It has been comprehensively updated and restructured in the aftermath of the UK Supreme Court judgment in the FCA test case on business interruption insurance. Riley addresses this hugely significant decision and the impact it will have on policy-holders affected by the COVID-19 pandemic.
 
New features of the 11th edition include:
  • Extensive restructuring of the chapters to improve accessibility and usability.
  • A new legal chapter addressing the Insurance Act 2015, damages for late payment, the 2021 FCA test case and the implications of this for causation under business interruption policies.
  • New commentary on parametric and pandemic / epidemic cover.
  • Business interruption extensions have been brought together in a single chapter, discussed in more detail and now addressed in practical, alphabetical order.
  • Expanded consideration of cyber threats and the cover available.
  • Updated discussion of all perils, including riot damages and terrorism.

It also offers guidance on policy wordings, the extent of coverage, and legal analysis of claims in the UK and US comparing these models with other jurisdictions. Whether youre a legal practitioner, loss adjuster or forensic accountant, when faced with a business interruption claim, Riley is your definitive guide for navigating through this complex area.

Other features of the title include:

  • An examination of the practice, strategy and procedure of business interruption insurance.
  • Provides broad insight from a legal, insurance and accounting perspective with expert analysis and practical examples.
  • Covers more than 30 perils including pandemics, explosions, earthquakes, riots, malicious damage, floods, theft, fire and more.
  • Looks at standard policy wordings and defines key terms, highlighting common pitfalls and providing example settlement formulas.
  • Analyses the means of establishing the basis of cover required.
  • Covers all aspects of claims processes, calculations, and settlements.
  • Takes an international view of business interruption and global insurance programmes.
  • Compares worldwide business interruption cover in 30 countries across Europe, the Americas, and Asia-Pacific.
  • Comparative analysis of the UK and US models and the policy wordings in both jurisdictions.
  • Details different accounting strategies such as the examination of income streams, gross profit, gross earnings, and determining adjustments to turnover.
  • Explains how recurring claims issues can be addressed by the wording of the policy and how they can be resolved in practice.
  • Guidance on over 200 charges in company accounts.
  • Available in all three formats: print, eBook and online on Westlaw UK.
 
 
 
Archbold Magistrates' Courts Criminal Practice 2022, 18th Edition

Archbold Magistrates’ Courts Criminal Practice is a comprehensive, authoritative and practically focused work for practitioners working in magistrates’ courts and youth courts and also key government institutions and local authorities working within the wider criminal justice sector. The comprehensive nature of the work provides detailed coverage of the criminal jurisdiction of magistrates’ courts and youth courts, together with coverage of the growing number of civil orders which complement the criminal jurisdiction. Content is designed to be quickly accessible allowing the user to identify key issues quickly and to find fast answers to difficult questions. It is an essential work for all those involved in making the system effective: practitioners prosecuting or defending, magistrates, and those responsible for advising them in the administration of the courts. It is portable and usable as a stand-alone reference in magistrates’ and youth court proceedings.

The new edition includes the following:

  • Domestic Abuse Act 2021
  • Counter-Terrorism and Sentencing Act 2021
  • Latest amendments to the Criminal Procedure Rules 2020
  • Revised chapter dealing with offences against the person
  • Incorporation of statutory amendments resulting from the exit of the UK from the European Union
  • Consideration of all new important cases.

Key Features:

  • Extensive coverage of the criminal and quasi-criminal jurisdiction of magistrates' and youth courts
  • Encompasses preliminary matters, including criminal investigations, commencement of proceedings, bail, allocation and sending
  • Detailed coverage of summary trial procedure and practice, including pre-trial issues and preparation, the course of the trial, witnesses and the rules of evidence.
  • Detailed coverage of the sentencing powers of magistrates’ and youth courts
  • Practical guidance on substantive law, showing elements of offences, available defences and relevant sentencing considerations
  • Coverage of youth courts, with detailed guidance on jurisdiction, bail and sentencing
  • Practical guidance on powers and procedures in respect of mentally disordered defendants and offenders
  • Detailed coverage of the powers of magistrates’ and youth courts to make awards as to costs
  • Comprehensive and authoritative coverage of the enforcement of confiscation orders and the civil detention, freezing and forfeiture powers in the Proceeds of Crime Act 2002
  • Comprehensive and authoritative coverage of preventive orders made on complaint or conviction such as domestic violence prevention orders, knife crime prevention orders, closure of premises orders
  • Full citation of statutory provisions and case law which can be cited in court
  • Ensures portability with a one-volume format, ideal for court use 
 
Rook and Ward on Sexual Offences, Law & Practice, 6th Edition

The leading work on sexual offences, Rook Ward on Sexual Offences provides coverage of the most up to date legislation including the latest amendments to the Sexual Offences Act 2003 along with current practice and procedure. It is an essential tool for all those involved in prosecuting, defending and trying sexual offence cases, including lawyers, police and medical practitioners.
 
The 6th edition brings the work fully up to date with all the latest developments, including new chapters on image based sexual abuse, sexual offences in the military context, sexual offences in Scotland, sexual offences and violence as international crimes, and the assessment and rehabilitation of people convicted of sexual offences after sentencing.
 
Authored by a team of expert contributors led by HH Judge Peter Rook QC and Robert Ward CBE QC
 
 
 
Documentary Evidence, 14th Edition

Now in its 14th edition, Documentary Evidence is a comprehensive guide to the legal obligations of disclosure. Logically presented and lucidly written, it provides detailed analysis and sensible practical advice. Following a chronological structure, it shows when and how a practitioner should take action in relation to the obligation to disclose. It is a standard work that is often cited in court judgments.
 
Under the Civil Procedure Rules the parties to an action are encouraged to adopt a cards-on-the-table approach toward the exchange of information, not just once litigation has commenced but before as well. It is likely in the early stages that a few documents will be identified as being relevant or key to the matter at hand. These will be used to provide advice as to the merit or not of proceeding with the dispute. If the decision is taken to proceed, the law imposes a requirement to make full and proper disclosure, which is the process whereby the parties to an action disclose to each other all documents in their possession, custody or power relating to matters in question in the action.
 
This title deals with the nature and scope of the obligation to disclose.
 
Documentary Evidence:
  • Provides a comprehensive guide to the principles, obligations and protections of disclosure, legal professional privilege and other aspects of evidence in the form of documents
  • Authored by a renowned QC, provides detailed analysis, practical advice and robust views often derived from cases in which he has been personally involved
  • Is regularly cited in court, most recently in The Financial Reporting Council Limited v Sports Direct International Plc [2018] EWHC 2284 (Ch), R. (on the application of Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35 and Jofa Ltd v Benherst Finance Ltd [2019] EWCA Civ 899
  • Discusses in depth the key principles and problem areas of disclosure, and how to raise, or combat, the available defences against it
  • Is logically structured by following in chronological order the steps taken in conducting a case, showing the practitioner when and how to take action at each stage
  • Advises on how to obtain, assess and manage the documents needed and how to identify the key issues
  • Discusses how practices have changed consequent to the fact that most disclosure is now electronic disclosure and the challenges and opportunities presented by this
  • Analyses the extent of the powers of regulatory or public bodies to obtain or disclose documents
  • Discusses how the Civil Procedure Rules have affected the position on disclosure in important respects from pre-action protocols and powers, to objections to disclosure and inspection, to the practicalities and problem areas of CPR disclosure, to the failure and abuse of disclosure obligations
  • Sets out the rights of access to documents, including those held by companies, trusts, partners, receivers and agents, as well as access to court documents, and the means by which data can be accessed
  • Explains fully the multi-faceted nature of legal professional privilege what rights different types of privilege provide, their breadth and limits, when and how to claim or waive them
  • Explains the courts power to exclude documentary evidence
  • Describes the issues and obligations of confidentiality, including the development of the collateral undertaking, or proscriptions against the misuse of information obtained through disclosure, both prior to and under the CPR
  • Discusses how to deal with international elements of a case, such as witnesses out of the jurisdiction, evidence in the jurisdiction for foreign proceedings, discovery proceedings abroad, documentary orders against foreign entities, the powers of and principles applied to by the English court, the application of foreign law, etc.
  • Includes individual chapters on Witness statements and other written evidence; Expert reports; The Civil Evidence Act 1995; and Powers of Investigation
Whats new for the 14th edition:
  • Rewritten and revised Chapters 6 (Access to Court Documents), 7 (Disclosure under CPR 31), 8 (The Disclosure Pilot) and 9 (Disclosure Principles)
  • Coverage of much new case law including Dring v Cape Intermediate Holdings plc, Arcelormittal USA LLC v Essar Global Funds Ltd, Volaw Trust Corporate Services Ltd v Office of Comptroller of Taxes (Jersey), WH Holdings Ltd v E20 Stadium LLP, Glencore International AG v Commissioners of Tax for Australia and PJSC Tatneft v Bogolyubov.
 
 

 

 
McPherson & Keay's Law of Company Liquidation 5th Edition

This title discusses the legal considerations involved in company liquidation and addresses the various methods of winding-up. It covers the legal considerations to be taken into account in relation to creditors' petitions and miscellaneous other petitions. It explains provisional liquidation, analyzes the role and duties of the liquidator as well as the role of creditors, and addresses the distribution of a companys assets in both insolvent and solvent liquidations. It also provides guidance on investigations and examinations and discusses misconduct and prosecutions, as well as actions that can be taken by liquidators to recover assets and the international aspects of liquidations.
 
Key selling points
  • Examines the various means and modes by which a company can be wound-up, including in depth analysis at a general level of: creditors, court and members winding up procedures.
  • Includes a detailed examination of the effects of liquidation on the company, creditors, members, legal actions etc including an in-depth consideration of the stay that is created on proceedings when a company entering liquidation
  • Provides an extremely detailed analysis of actions that are available to liquidators, including those in relation to transactional avoidance, wrongful trading and breach of directors duties.
  • Explains the dissolution process and the restoration of companies that have been dissolved so that they might be liquidated
  • Provides a discussion of the international and cross-border elements of liquidation post Brexit, by consideration of the EU Insolvency Regulations and the UNCITRAL Model law.
New to this edition
  • It considers the effects of Brexit on liquidations and the issues that now confront liquidators both in English liquidations and those European liquidations where there is an English element.
  • Examines the effects of the Corporate Insolvency and Governance Act 2020 as far as it affects liquidations as well as the amendments made by the various subsequent regulations.
  • Discusses where appropriate parts of the Practice Direction: Insolvency Proceedings 2018 and its impact on liquidations.
  • Explains changes to the rules on preferential creditors and the re-introduction of a limited Crown priority effected by a combination of the Finance Act 2020 and the Insolvency Act 1986 (HMRC Debts: Priority on Insolvency) Regulations 2020
  • Provides new sections on: the respondents private information in the context of private examinations; applications to subject foreign residents to private examinations; effects of restoration following dissolution; special purpose appointment liquidators; the rule in Ex parte James.
  • Considers the latest leading appellate decisions affecting liquidations, including Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd (adjudication where a company is in insolvent liquidation), Joint Administrators of Lehman Brothers International (Europe) (in admin.) v HM Revenue and Customs Commissioners (statutory interest payable to creditors on their debts owed), Botleigh Grange Hotels Ltd v Revenue and Customs Commissioners (disputed debts on a petition), Bakhshiyeva v Sberbank of Russia; ; Re OJSV International Bank of Azerbaijan (cross-border insolvency), Chu v Lau (just and equitable winding-up petitions), Officeserve Technologies Ltd v Anthony-Mike and Ahmed v Ingram (void dispositions), Fakhry v Pagden (who may apply to remove a liquidator and restoration of dissolved companies), BTI 2014 LLC v Sequana SA (s.423 and duty to take into account creditors interests), Skandinaviska Enskilda Banken AB v Conway (avoidance provisions), Ezair v Conn (collection of company property and private examinations), JSC BTA Bank v Ablyazov (transactions defrauding creditors), Leon v Attorney-General (disclaimer and dissolution), Re Paramount Powders (UK) Ltd (petitions on just and equitable ground) and Re Peak Hotels and Resorts Ltd (invalidation of charges).
 
 
 
Hanbury & Martin Modern Equity 22nd Edition

 Hanbury & Martin: Modern Equity provides an up-to-date and modern account of this challenging area of the law. This twenty-second edition of the long-standing work is the third edition under the present editors. The new edition contains rigorous analysis of the latest in case law and academic debate, with strengthened reference to other common law jurisdictions. Modern Equity continues to be unparalleled in breadth of scope and wealth of detail and remains the authority on equity and trusts law.


Features of the twenty-second edition:
  • Comprehensive coverage of recent developments, including detailed analysis of key appellate decisions: those of the United Kingdom Supreme Court such as The Children’s Investment Fund Foundation v Attorney General on fiduciaries and administration, Stoffel & Co v Grondona on illegality, and R (on the application of Palestine Solidarity Campaign Ltd) v Secretary of State for Communities and Local Government on ethical investments; those of the Privy Council in Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd on trustee liability and Webb v Webb on beneficial ownership; and various authorities at Court of Appeal level in the areas of fiduciary duties, proprietary estoppel, dishonest assistance and rectification
  • Careful engagement with the application of the law in lower courts across the field of trusts and equity
  • Further reference to relevant case law from Australia, Canada, Hong Kong and Singapore; and consideration of the position in off-shore jurisdictions
  • Discussion of the impact of current legislation relating to trusts, tax and transparency
  • Incorporation of legislative developments, including the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 and applicable finance and pensions legislation
  • Assessment of Law Commission proposals in relevant areas
 
Cyber Risks Insurance Law and Practice, 1st Edition

Heightened awareness of cyber security and the need to identify vulnerable assets makes Cyber Risks Insurance an invaluable reference. This new title is a comprehensive text clarifying the law and practice of cyber insurance. Written in an accessible and practical style designed to help you find answers quickly, it adopts a UK perspective with additional comparative analysis of the most significant cases in the USA. Complete with sample clauses from leading industry organisations including the Lloyd’s Market Association and International Underwriting Association, this is your definitive guide to understanding the law of cyber risks insurance.

The following extract is taken from the Foreword:

“The book sets about examining, with reference to authority from both sides of the Atlantic, the nature of the legal issues likely to be thrown up. It does this against a well-informed examination of the forms of wording and practices found in the insurance and reinsurance market. This examination and the greater awareness which it will help generate are important. A veil of ignorance is desirable for decision-makers, but a cloud of ignorance, or ignorance about the cloud, is not desirable for those involved with cyber risks. Celso de Azevedo’s work therefore comes at an opportune time.”

- Lord Mance, former Deputy President of the Supreme Court of the United Kingdom


Key features:

  • Provides comprehensive guidance on the law of cyber risks insurance and its practical application.
  • Explains cyber risks exposures, cyber security assessment, and the insurance coverage necessary to protect you.
  • Sample exclusion clauses issued by the Lloyd’s Market Association, International Underwriting Association and other leading industry organisations.
  • Includes a selection of practical clauses on issues such as cyber non-aggregation, information technology hazards, terrorism, ransom, and cyber-attacks.
  • Takes a detailed look at cyber risks modelling, reinsurance and the underwriting of cyber risks.
  • Addresses first party coverage issues including those relevant to network security breaches.
  • Commentary on third party liability coverage including privacy and media liability issues.
  • Looks at silent cyber exposure, coverage and exclusions (e.g. CL380 and NMA2914/5) including property, construction, marine, and liability lines of insurance.
  • Covers cyber incidents, claims issues and the emergence of court disputes in this area – with comparative analysis of US cases.
  • Discusses the extent of cyber crime coverage including the crimes of extortion and fraudulent transfer of funds, among others.
  • Examines the GDPR regime and new procedural requirements for compliance as well as the criteria for data breach notification and for the insurability of fines.
  • Explains business interruption coverage and key issues such as gross profit and revenue, period of coverage, trends clauses, and extended reputation coverage.
  • Outlines the state of the standalone cyber insurance market along with the growing risks and future developments.
  • Written from a UK perspective with additional analysis of the most relevant US cases as well as the legal positions in Australia and New Zealand. 
 
Private Equity Law and Practice 7th Edition

 The 7th edition of Private Equity: Law and Practice by Darryl Cooke provides an invaluable guide to the law and practice of private equity transactions. Whether you are a lawyer advising a private equity house or a management team wishing to buy a company or simply a company seeking funds, this book will be your go-to reference source. Guiding you through every part of a transaction, from raising private equity through managing the transaction to restructuring the company, it provides information and offers advice at each stage. It explains the legal regulations for tax relief and share capital as well as covering due diligence and issues relating to directors and employers. Not only that, helpful checklists for all legal and business aspects of private equity are provided along with a glossary of private equity terms. Darryl considers the role of a lawyer leading a transaction and offers invaluable advice on how to be a trusted advisor and how to bring real value to the table.

 
This new edition:
  • Explains clearly the law and practice of private equity transactions
  • Offers advice and information relevant to private equity investors, companies seeking funds, those financing deals, and managers wishing to buy out a company
  • Considers the social impact of investing and how to approach it
  • Looks at every part of the transaction including raising private equity, managing the transaction, and restructuring the company
  • Explains the legal regulations for tax relief and share capital
  • Covers due diligence and issues relating to directors and employers
  • Analyses the requirements of an investment agreement, its mechanics, warranties, controls and common issues as well as corporate governance and minority protections.
  • Provides a detailed view of syndication strategies and methods of ‘exiting’ an agreement.
  • Having secured investment, the book looks at how to form the company, starting with the articles of association.
  • Provides checklists for all legal and business aspects of private equity
  • Includes a glossary of private equity terms, BVCA membership listing, model questionnaire, and, precedent heads of term
If you’re interested in firmwide or multiple user access to this title on Proview then please contact us directly to discuss what options are available.
 
Colinvaux's Law of Insurance 12th Edition Mainwork and 2nd Supplement

Colinvauxs Law of Insurance provides you with comprehensive and clear guidance on insurance contract law. This key title takes a detailed look at the following areas: insurance contracts, the different parties involved, and the features of special types of insurance. Part of the Insurance Practitioners Library and now in its twelfth edition, it remains an essential reference on the subject.
This 1st supplement brings your 12th edition up to date with the very latest case law and legislative developments over the past year.
  • Provides a detailed examination of the key principles, rights, and issues of insurance contract law in the United Kingdom.
  • Covers three distinct areas: the contract, the parties involved, and special types of insurance.
  • Extensive commentary on the construction of policies explaining issues such as risk, utmost good faith, insurance interest, the premium, claims, and loss.
  • Addresses the roles of the different parties involved, including intermediaries and the regulatory structure of the industry.
  • Looks at nine special types of insurance contract: reinsurance, life and accident, property, liability, third party, motor vehicle, financial, marine, and war risks.
  • Sets out the rules governing wording and phrasing.
  • Includes a dedicated chapter on the rights of insurers.
  • Discusses the insolvency of insurance companies and relevant proceedings, as well as the protection of policyholders.
  • Analyses the most important legislation, regulation, and cases.
  • Provides an additional international dimension with analysis of significant Commonwealth decisions affecting the English courts.
  • Supplemented annually to ensure the text is always up to date.
 
 
 
 
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Wadlow on the Law of Passing-Off 6th Edition

This title continues to be the authority on the law of passing-off, adopting a comprehensive approach that explains all the key issues surrounding the Classic Trinity of goodwill, damage, and misrepresentation.
 
The expert analysis covers the basic principles and is supported with additional commentary on defences and enforcement. It is updated with the latest and most significant case law across the UK and Commonwealth to ensure you are current with all the latest decisions as well as Brexit-related developments.
 
Now in its sixth edition and available in print, as an eBook and on Westlaw UK, it is the leading and most respected text on passing-off and is renowned for its clear advice and uncompromising quality.
  • The definitive text on the common law tort of passing-off, including unfair competition by misrepresentation and injurious falsehood.
  • Provides authoritative advice for parties seeking to reinforce or defend an action for infringement.
  • Addresses the Classic Trinity of goodwill, damage, and misrepresentation.
  • Explains the importance of goodwill, its creation, ownership, and issues of extinction and revival.
  • Outlines damage and the requirements necessary to prove damage in practice.
  • Examines the basis of an action for misrepresentation, addressing questions such as what makes a representation false and who is liable?
  • Looks at different types of actionable misrepresentation such as deception as to identity, deception as to origin, substitution, denial of existence, and more.
  • Covers misrepresentation by signs, marks, and other distinctive features.
  • Sets out defences in the context of European and national law, referencing key legislation such as the European Convention on Human Rights.
  • Commentary on enforcement and remedies including those available under private international law.
  • Analysis of the most significant UK case law and relevant developments in major Commonwealth jurisdictions.
 
 
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Kerr & Hunter on Receivership and Administration, 21st Edition

First published 150 years ago in 1869, the fully updated 21st edition of Kerr & Hunter on Receivership and Administration is the definitive guide to the legislative principles and caselaw that underpin these important areas. Covering both corporate and personal insolvency the book considers the duties, and responsibilities of both administrators and receivers. It also explains when and why they are appointed, and whether appointed outside court or not. The author team takes the reader through all elements of receivership, administration, and administrative receivership, to enable practitioner to advise whatever the market.

  • Considers appointment out of court and emergency procedures
  • Describes the duties of office holders and their relationship with the company and its staff
  • Considers developments in relation to the ‘prescribed part’ for the unsecured creditors in receivership and administration
  • Provides a comprehensive overview of taxation in receivership and administration
  • Guides reader through impact of new legislative developments and reflects the latest rulings from both UK and EU courts, with references from other jurisdictions where relevant.
  • Covers both corporate and personal insolvency and also includes a chapter on cross-border insolvency
  • Gives content and material on the recast European Insolvency Regulation at the time of Brexit
  • Illustrates potential judicial conflicts within the practice area of administration 
 
Arnould Law of Marine Insurance and Average 20th Edition

Arnould Law of Marine Insurance and Average explains the form, contents and construction of marine insurance policies, and the procedures and evidence required in bringing a case.
New to the edition:
  • Chapters 4 (Regulation) and 6 (Jurisdiction and Applicable Law) have been significantly revised to deal with the position post-Brexit (in so far as that position is yet determined)
  • Also covered are a number of decisions handed down since the last supplement, including:
    • ABN Amro Bank NV v Royal and Sun Alliance Insurance plc;
    • Delta Petroleum Caribbean Ltd v BVI Electricity Corp (SC);
    • Acorn Finance v Markel;
    • Alize 1954 and CMA CGM v Allianz (CA);
    • Stoffel v Grondona (SC); and
    • Herculito Maritime Ltd v Gunvor International BV.
 
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Clerk & Lindsell on Torts 23rd Edition Mainwork and 1st Supplement

Clerk Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law.
 
Key Features:
  • Provides unrivalled breadth and depth of coverage on all areas of tort law
  • Sets out the general principles of liability and causation
  • Explains in detail general defences, such as claimants wrongdoing, consent and assumption of risk, exclusion of liability and miscellaneous defences
  • Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from negligence to breach of statutory duty and professional liability, and from product liability and occupiers liability to employers liability and public service liability
  • Deals with other important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass to land, from liability for animals to nuisance and Rylands v Fletcher, and from malicious falsehood to the economic torts
  • Discusses statutory IP rights and passing of
  • Includes fully updated and detailed chapters on defamation, breach of confidence and misuse of private information
  • Deals extensively with damages and other remedies including injunctions
  • Covers limitation periods in detail
  • Considers all heads of liability with regard to the relevant human rights issues
  • Takes full account of the effects of Brexit
New material in the First Supplement to the Twenty-Third Edition:
  • Henderson v Dorset Healthcare University NHS Foundation Trust and Stoffel Co v Grondona on the extent of the illegality defence in tort.
  • FCA v Arch Insurance (UK) Ltd on the subject of adequate causation.
  • Okpabi v Royal Dutch Shell Plc on the duty of care owed by a holding company for the acts of its subsidiaries abroad.
  • Unwired Planet International Ltd v Huawei Technologies (UK) Co Ltd on patents, infringement and FRAND terms
  • Toombes v Mitchell on the boundaries of wrongful birth and wrongful life.
  • Bell v Tavistock Portman NHS Foundation Trust on older childrens ability to consent to medical procedures.
  • Allsop v Banner Jones Ltd on solicitors negligence claims and abuse of process.
  • Rihan v Ernst Young Global Ltd on employers duties to look after employees interests.
  • Leeds City Council v Barclays Bank Plc on the requirement for a representation in the tort of deceit.
  • Duchess of Sussex v Associated Newspapers Ltd on misuse of private information and breach of copyright.
  • Kawasaki Kisen Kaisha Ltd v James Kemball Ltd on how far the deliberate defunding of a company can amount to an economic tort.
  • Swift v Carpenter on damages for serious injury and funding the purchase of a suitable property for a seriously disabled claimant.
  • Canada Goose UK Retail Ltd v Persons Unknown and Boyd v Ineos Upstream Ltd on property, injunctions, protests and human rights
 
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Rights, Powers and Remedies in Commercial Law

This new work surveys the legal relations that are at play in the different disciplines of commercial law and the remedies that may be granted in connection with them. The book looks, in particular, at the way in which the law regulates some legal powers and not others and the entitlements of shareholders, creditors, and others to participate in collective decision-making processes that lead to the exercise (or not) of a contractual or statutory “majority” power.

The book distils doctrinal analysis into clear guidance and practical frameworks to assist commercial and commercial chancery practitioners and students to understand and advise on contracts and other instruments and disputes arising out of them. At the same time, the author draws out and seeks to resolve analytical fissures in the law, engaging in sustained analysis of important authorities such as the Supreme Court’s judgment in Braganza v BP Shipping Ltd [2015] 1 WLR 1661; Re Dee Valley Group plc [2018] Ch 55; Re Charterhouse Capital Ltd; Arbuthnott v Bonnyman [2015] EWCA Civ 536; and, Sunlink International holdings Ltd v Wong [2010] 5 HKLRD 653, among others.

The book includes the following further features, among others:

  • Across seventeen core chapters, the book presents a descriptive argument about the way in which the law regulates legal powers (or does not) based on their distinctive features, so as to explain why the law controls some powers but not others and why the law does not control other legal relations such as voting rights.
  • The book provides practical frameworks, in Chapters 3 to 5 and 8, for parties who are called on to exercise a power that has been granted to them under a contract or other instrument in order to assist them to exercise that power lawfully and in accordance with the terms in which the power is granted.
  • The book suggests, in Chapter 7, standard terms and language that parties may seek to include in contracts and other instruments so as to bring about distinct consequences when powers are granted by contracts and other instruments.
  • The book provides guidance, in Chapters 8 to 14, for parties who are participating in collective decision-making processes, such as shareholders voting in a general meeting and creditors voting on schemes of arrangement, restructuring plans, and voluntary arrangements.
  • The book surveys, in Chapter 15, the way in which the terms of a contract or instrument may be used to modify or exclude the remedies that are available at an interim or final stage and the content of those remedies.
  • The book provides practical guidance, in Chapter 17, for parties who seek interim remedies in the commercial sphere, with a particular focus on injunctions against shareholders to control or prevent the exercise of voting rights attaching to shares.
  • The book is principally concerned with the law of England and Wales, but it also draws on the laws of, in particular, Australia, Hong Kong, and the offshore territories in order to better explain and critique the law of England and Wales. The book is, therefore, likely to be helpful not only for practitioners in England and Wales, but for those practising in other common law jurisdictions where the law takes a similar form. 
 
Charlesworth & Percy on Negligence 14th Edition Mainwork and 3rd Supplement

Charlesworth Percy on Negligence is the principal guide to a complex area of the law, providing unrivalled depth of analysis into the tort of negligence. The Third Cumulative Supplement to the Fourteenth Edition brings the main work up to date with all the recent developments including:
 
In the Supreme Court
  • Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 examining the principles underpinning the defence of illegality and the applicability of Patel v Mirza.
  • Stoffel v Grondona [2020] UKSC 42 considering the defence of illegality in a solicitors negligence claim.
  • WM Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12 assessing the factors central in determining the imposition of vicarious liability for criminal acts.
  • The Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 discussing the over-exclusionary effect of the but for test of causation.
 
In the Court of Appeal
  • Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 considering the application of SAAMCO principles to a negligent audit.
  • The White Lion Hotel v James [2021] EWCA Civ 31 examining the extent to which the voluntary taking of an obvious risk can amount to a defence under the Occupiers Liability Act 1957.
  • Schembri v Marshall [2020] EWCA Civ 358 reviewing the role of statistics when determining causation in a clinical negligence claim.
  • Al-Najar v Cumberland Hotel (London) Ltd [2020] EWCA Civ 1716 considering the extent of an occupiers duty to prevent trespassers committing acts of violence.
  • Holt v Holley Steer Solicitors [2020] EWCA Civ 851 determining the timing of the accrual of a cause action against solicitors who had failed to adduce expert evidence at trial.
  • Large v Hart [2021] EWCA Civ 24 assessing the application of the SAAMCO principles to a surveyors negligence claim.
  • Jalla v Shell International Trading Shipping Co [2021] EWCA Civ 63 considering the principles applicable to Rylands v Fletcher liability for damage resulting from a single escape.
 
Features
  • Sets out comprehensively the general principles, covering duty of care and liability issues under the tort of negligence including the Christian Brothers test to establish vicarious liability
  • Shows how the principles developed through the application of the common law and explains how the law of negligence has been applied in the UK and Commonwealth jurisdictions
  • Explains what remedies may be available, including damages, and investigates the remoteness of damages as a remedy
  • Explains the burden of proof in negligence cases
  • Demonstrates the defences and discharges from liability
  • Demonstrates the standard of care principle in relation to persons professing some special skill, highways and transport, employee employer relationship
  • Provides an essential reference for every negligence case whether it is to do with personal injury including resulting in death, property, product liability and injury caused by animals and death
 
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Stroud's Judicial Dictionary of Words and Phrases 10th Edition Mainwork and 1st Supplement

Stroud's Judicial Dictionary has for over 100 years been the starting point for research into the meaning of all words and phrases that come to be used in a legal context. Stroud records how any expression that occurs in a statute or other legal document has been construed by the courts or defined in legislation. It provides the ideal companion to Jowitt's Dictionary of English Law (which provides an authoritative definition of technical legal concepts).

Stroud is regularly cited to and by the senior courts when determining ranges of meaning given to different terms in legal contexts: from standard terms like "building", "conduct", "damage" and "repair", where the reader always needs to keep up with cross-contextual development of usage, through to niche terms where the reader might not guess that they have received judicial or legislative attention, such as "cheating", "cuckooing", "exoneration", "febrile fit", "liquidity", "roofing works", "sham marriage" and "tampering".

The Tenth Edition adds terms helpfully defined for the first time or in a new way, such as "cloud computing service", "computerised model", "energy crop", "laser", and "screening opinion". At the same time it updates all the standard entries.
 
Key features:
  • Provides the judicial definitions of terms or words established in decided cases or statutes
  • An authoritative guide to the present construction of words and phrases occurring in legislation, decided cases and other legal documents
  • Sets out, where applicable, the evolution of a terms meaning
  • Assists practitioners in construing legislation and other documents or in the drafting of documents
  • A practical source of guidance for the setting out of definitions of particular concepts in the drafting of contracts and other legal documents
  • Comprehensive coverage across three volumes of terms from the obscure to the everyday
  • Includes both historic and contemporary terms
  • Where a term is used in a number of legal areas the entry is broken down and sub-divided to ensure ease of use
  • The text is regularly updated via supplementation
  • Linked and common terms are cross-referenced ensuring different usage of words is covered
  • Also includes references to definitions contained in statutes
  • Includes Ministerial statements and other material where helpful
  • Entries are reviewed and examined to ensure the work contains only terms that will be of assistance to modern research
Edited and updated by Daniel Greenberg CB, Counsel for Domestic Legislation, House of Commons.
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Marsden and Gault on Collisions at Sea 15th Edition

Marsden and Gault forms part of the highly respected British Shipping Law Series. It serves as an in-depth guide to the specialist and self-contained area of Collision and Loss in maritime law examining recent cases and convention developments. The 15th edition, edited by Professor Andrew Tettenborn and John Kimbell QC, has been updated not only in substance, but in arrangement, instigating a more modern and clearer structure. The commentary proceeds seamlessly from navigational fault and the interpretation of the Collision Regulations, towards special liability regimes and pollution and throughout the remainder of the text.

New to this edition
  • Comments upon how Brexit relates to the jurisdiction of the Admiralty Court
  • Provides fresh commentary on the Admiralty Court’s procedural rules and practice
  • Covers the Supreme Court decision in Evergreen Marine UK v Nautical Challenge (2021) on the application of the Collision Regulations
 
Key cases covered include:
  • Arrest, for instance, Deutsche Bank v MV Sertao (2018) and The Alkyon (2019),
  • Limitation in The Cape Bari (2017) and
  • Damages in The Hanjin Shenzhen (2014)
 
Kennedy and Rose on the Law of Salvage 10th Edition

Kennedy and Rose forms part of the leading British Shipping Law Series. It serves as an in-depth guide to the specialist areas of salvage and wreck in the context of applicable English and international law. The 10th edition, written by Professor Francis Rose, has been fully updated to take account of developments in law and practice in salvage, wreck and related areas of law.
New to this edition
  • Recast in the light of a new edition of Lloyds Standard Form of Salvage Contract (2020), together with the associated and redrafted Lloyds Salvage Arbitration Clauses and SCOPIC clause
  • Integrates relevant points in practice from recent Lloyds salvage arbitration awards
  • Covers the Supreme Court decision in The Renos on the Supreme Courts view of the nature of the SCOPIC clause and its effect on constructive total loss in marine insurance
  • Discusses the effect of the doctrine of state immunity on salvage of silver bullion in The Tilawa
  • Considers public law issues in relation to salvage and wreck in R (on the application of Knight) v Secretary of State for Transport (2017)
 
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Construction All Risks Insurance, 3rd Edition

The third edition of Construction All Risks Insurance will be essential reading for both lawyers and insurance brokers in the field of construction insurance. Building on its reputation as the definitive reference for practitioners, Construction All Risks is the go-to guide looking for answers in construction insurance.

  • Covers the fundamentals of Construction All Risk Insurance from its origins in the Marine Insurance Act of 1906 to current day practice, going through the processes and pitfalls involved in CAR claims
  • Contains comprehensive practical advice for those dealing with CAR insurance claims, with coverage of disputes and the application of insurance law to commercial insurances
  • Explains the need for insurance and highlights particular areas for concern such as Institute Cargo Clauses and Aviation
  • Examines the structure of CAR policies, giving practical advice on the drafting of various clauses, including rectification, fortuity, loss and damage clauses and warranties
  • Discusses the wide range of exclusions that can apply to CAR policies and their significance, including defect and standard exclusions
  • Takes into account the difficult areas of causation and co-insurance
  • Includes example policy clauses and precedent materials
  • Includes guidance on the claims procedure as well as marine, aviation and property risks

New to edition:

  • Includes a new chapter on Delay in Start-Up insurance and the effect of the Financial Conduct Authority v Arch Insurance (UK) Ltd decision
  • Covers coinsurance and the Gard Marine and Energy Ltd v China National Chartering Co Ltd and Haberdashers' Aske's Federation Trust Ltd v Lakehouse Contracts Ltd cases
  • Discusses in more detail issues relating to fortuity and inherent vice
  • Comments more substantially upon Defects Exclusions
  • Includes updates regarding the position in Singapore, Malaysia and Australia

 

 
Guest on the Law of Assignment 4th Edition

This book is intended for the practitioner who has a problem, issue or case involving the voluntary assignment of things in action, either in giving advice or preparing litigation. Following the approach of titles such as Chitty on Contracts, this work enables the practitioner to find a statement of the law and then (if necessary) the authority that supports it.
  • Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it
  • Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions
  • Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136
  • Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
  • Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
  • Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
  • Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
  • Considers special priority rules and variation of priorities
  • Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
  • Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
  • Looks at situations where there is assignment of obligations or liabilities
  • Updated with new case law, including:
    • Alina Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980
    • Ndole Assets Ltd v Designer ME Services UK Ltd [2018] EWCA Civ 2865
    • First Abu Dhabi Bank PJSC (formerly National Bank of Abu Dhabi PJSC) v BP Oil International Ltd [2018] EWCA Civ 14
    • Recovery Partners GB Ltd v Rukhadze [2018] EWHC 2918 (Comm)
    • Zagora Management Ltd v Zurich Insurance Plc [2019] EWHC 140 (TCC)
    • BGL BNP Paribas SA v TeamBank AG Nrnberg (C-548/18) (2019) CJEU 848
    • BXH v BXI [2019] SGHC 141
    • Bowack v Saxton [2020] EWHC 1049 (Ch)
    • Ezair v Conn [2020] EWCA Civ 687
    • Nosnehpetsj Ltd (In Liquidation) v Watersheds Capital Partners Ltd [2020] EWHC 1938 (Ch)
    • Yang v Chen [2020] HKCFI 235
  • Expanded discussion at various points, most significantly:
    • Concerning the effect of Brexit on conflict of law rules as applicable to assignments;
    • Concerning the effect of the European Commissions draft regulation (COM(2018)96) and the ECJs decision in BGL BNP Paribas SA v TeamBank AG Nrnberg (C-548/18) (2019) CJEU 848 on the applicability of article 14 of the Rome I Regulation on the law applicable to third-party effects of an assignment;
    • Concerning the Business Contract Terms (Assignment of Receivables) Regulations 2018, which nullifies non-assignment clauses in certain circumstances in the context of the financing of receivables;
    • Concerning the assignability of conditional fee agreement (CFAs), the relevance of the conditional benefit principle on the assignability of burdens, and the relationship between consent, assignment, and novation where an entire contract is purported to be assigned;
    • Concerning the justifications for the doctrine of relation back in the context of an agreement to assign a future chose;
    • Concerning the reasonableness of the withholding of consent where consent is required for an assignment;
    • Concerning the assignment of right of action incidental to property and the necessary relationship between the assignment and the property;
    • Concerning the modern judicial attitude towards the genuine commercial interest criterion in relation to the assignability of causes of action.
  • Added references to new academic articles of relevance;
  • Re-numbering of paragraphs for ease of reference.
 
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Barnsley's Land Options 7th Edition

Barnsley Land Options is a must-have guide which provides practical commentary and analysis on the complex law of options affecting land. Its comprehensive coverage includes options to buy, options in wills, rights of pre-emption, transfer of options, options in leases and remedies for breach of an option agreement. It also covers options and tax including the impact of stamp duty land tax.

 
First published in 1978, it is a well-established title in the highly regarded Property and Conveyancing Library and is frequently cited in court.
  • It provides practical commentary and analysis on the complex law of options affecting land
  • Detailed case law analysis
  • Comprehensive coverage of all areas of land options, considering options to buy, options in wills, rights of pre-emption, transfer of options, options in leases and remedies for breach of an option agreement
  • Takes a step-by-step approach, providing an explanation of options, the types of options, creation, assignment, exercise and remedies
  • It also covers tax issues such as the impact of stamp duty land tax
  • It looks at options created in freehold conveyances, leases and wills and covers both commercial and residential land
  • Contains advice on questions of construction, enforceability, the impact of statute, perpetuity, the remedies for breach and the implications of taxation
  • Fully covers all key options relating to freehold conveyances, leases and wills for both commercial and residential land transactions such as options to buy, to pre-emption, to renew a lease, to determine a lease and options granted by will
  • Sets out remedies for breach of an option agreement and options in the context of prescribed clauses leases
  • Looks at both the obligations of the option grantor and the rights of the option holder
  • Deals with options and insolvency
  • Structured specifically to ease navigation between topics, the book takes the reader step by step through an explanation of options, the types of options, creation, assignment, exercise, remedies and finally an explanation of options and tax
  • Experienced and well-regarded authors from Falcon Chambers and Withers LLP
Please note that the print and eBook publication dates will not always match.
 
Corporate Criminal Liability, 4th Edition

The fourth edition of Corporate Criminal Liability has been thoroughly revised, expanded and updated to explain the criminal process from the perspective of the corporate defendant with a scholarly analysis of the principles of corporate liability. In particular, it provides expert discussion on the latest practice on DPAs, issues with identification theory and delegation, questions of jurisdiction, and sentencing. The work also explains specific offences such as insolvency restrictions, Companies Act offences, and corporate manslaughter.

Key features

  • Provides a guide to what company’s should be doing in order to avoid the potential for breaking the law under the various heads of offences as well as a list of ‘best practices’ currently used by those industries
  • Explains and develops the theory of the ‘corporate veil’ and how/when the veil can be lifted
  • Provides an advanced guide as to how companies should be interacting with external authorities involved with investigating criminality as well as what internal mechanisms should be triggered when criminality is discovered or suspected internally/externally.
  • When it comes to the court process, the book details (at a practitioner’s level) how cases are opened and closed and what companies can expect from the court system, addressing issues of ‘anonymity’, ‘evidential burdens’ and relevant limitation periods for each specific offence.

New to this edition

  • Considers all key cases since the last edition including the Barclays case on corporate identification
  • Reviews practice in deferred prosecution orders (DPOs) after investigations into Rolls Royce and Tesco
  • A fully updated Appendix table as a ‘quick reference’ guide to specific offences, how they are tried, and aspects of sentencing 
 
Hudson's Building and Engineering Contracts 14th Edition Mainwork and 1st Supplement

Built on the wealth of practical, commercial and legal experience accumulated by the authors, the 1st supplement to the 14th edition Hudsons Building and Engineering Contracts provides a comprehensive update on the law and interpretation of construction contracts.
 
The main developments of note during 2020 which the supplements covers are related to adjudication and insolvency. Bresco v. Lonsdale affirmed an insolvent companys right to adjudicate and confirmed that the scheme of the Housing Grants, Construction and Regeneration Act 1996 was not inconsistent with the rules governing the distribution of assets in insolvency. The Corporate, Insolvency and Governance Act 2020 contains provisions both of a temporary and permanent effect and the supplement covers this topic.
 
Apart from updates to insolvency and adjudication, this first Supplement contains a number of cases of interest which, as a matter of generality, illustrate the application of established principles, rather than breaking new ground. One of a number of particular areas of interest is the development of the jurisprudence in relation to damages for a loss of chance illustrated in the recent cases in Chapter 7.
 
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Theobald on Wills 19th Edition

Theobald on Wills provides an unrivalled blend of academic analysis and practical advice on the law of wills. It covers every aspect of the subject, from the fundamental principles of will making to a wide range of practical issues and discussion of the latest case law. This new edition:
  • Significantly expands the treatment of the formal and substantial validity of wills, including a new section on the new Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 and new material from Professor Robin Jacoby on pneumonia and hypoxia as potential causes of incapacity.
  • Contains substantial new material on formal and substantial validity; revocation and revival; incorporation of documents; secret trusts; and the impact of human rights on the interests of children born outside the marriage.
  • Includes the essential treatment for practitioners on the practice and procedure to be adopted for contentious probate claims and the procedures available for issues relating to the construction and rectification of wills.
  • Offers guidance on alternative dispute resolution in the context of wills.
Key features:
  • Explains the fundamental principles of will making, clarifying complex concepts in clear English
  • Goes through the general principles of construction and the admissibility of evidence
  • Offers guidance on the interpretation of wills and the meaning of words for the purposes of construing wills
  • Shows how the courts have interpreted the law through detailed analysis of case law
  • Identifies problems which may arise in practice and provides possible solutions
  • Offers advice on procedural matters including the resolution of difficulties by court order and mediation
  • Covers related topics such as administration of estates and the law of trusts

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Construction Law, 13th Edition

Construction Law presents a straightforward overview of the whole field of law relevant to construction, thoughtfully and comprehensively explained in a clear, concise tone that is suitable for both the student and professional reader.

  • Guides the reader through the complex world of construction contracts, claims, disputes and their resolution.
  • Covers all aspects of law relating to the setting up and carrying out of construction projects, including private and public law, and domestic and international law.
  • Extensive quotations from statutes, leading cases, and the standard forms of contract.
  • Coverage of different forms of procurement using FIDIC, NEC, JCT and ICC forms.
  • Includes a Glossary of Legal Terms.

Professor John Uff CBE QC draws on his wide experience of the construction industry as a practicing QC, arbitrator, academic and member of influential bodies within the industry, to provide an essential text for students, lawyers, and those working in the construction industry. 

 
Building Contract Disputes: Practice and Precedents

Building Contract Disputes is the definitive guide to handling and resolving construction disputes. It deals with every type of dispute, and covers every method used for seeking a solution.

This substantial work provides comprehensive coverage of litigation, arbitration, ADR and adjudication. Major issues are regularly incorporated as they occur, and legal principles typically applicable to practical problems are discussed and explained. The procedures are examined in meticulous detail, and the work includes an unrivalled selection of precedents, both for inclusion in the contracts and for use during the proceedings.
In an area where technical terms abound, clear definitions are provided, along with extracts from relevant codes, procedural rules and protocols, and details of trade associations, mediators, adjudicators and arbitrators.

  • Summarises the main contractual provisions and relevant law
  • Provides lists of key stages and considerations
  • Goes through all the procedures and sets out precedents and pleadings
  • Provides updated commentary along with new and revised documents
  • Updating releases, charged for on publication, incorporate new procedures and add or amend documents as necessary

 

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Zuckerman on Civil Procedure: Principles of Practice 4th Edition

Zuckerman on Civil Procedure presents a clear and thematic analysis of litigation under the Civil Procedure Rules. It explains how the court interprets and applies the Rules, how judges exercise their extensive case management powers and how this impacts the conduct of litigation. Throughout, the emphasis is placed on bringing out the principles that govern the exercise of judicial discretion in order to help judges and practitioners deal with difficult problems that arise in the course of litigation. It helps practitioners understand the relationship between individual Rules and general principles; it complements the White Book and other civil procedure manuals; explains the significance of leading cases and provides critical commentary; highlights current trends in judicial thinking; draws attention to inconsistencies in judicial approach to process and to problems that are likely to be encountered in practice; suggests solutions to debatable questions in areas such as service, legal professional privilege, compliance with time limits, and costs; comments on recent developments; and supplies authoritative analysis the previous editions have been cited in numerous cases at all court levels.
 
The new 4th edition is authored by Professor Adrian Zuckerman assisted by a team of editors under the direction of Juliet Wells, including Professor Stuart Sime and Dr John Sorabji. It has been extensively restructured and revised, with an expanded chapter on case management and party compliance, and a new chapter on committal proceedings and other enforcement processes, and is updated to take account of new legislation, case law and recent reviews into the workings of civil justice:
  • The Criminal Justice and Courts Act 2015 (which provides for dismissal of personal injury claims in cases of fundamental dishonesty, a new different outcome test in applications for judicial review, and costs-capping orders in judicial review claims.
  • The Consumer Rights Act 2015, together with the Competition Appeal Tribunal Rules 2015, which provide for a new scheme of opt-in or opt-out class actions before the Competition Appeal Tribunal.
  • The Disclosure Pilot in the Business and Property Courts.
  • Revisions to the CPR, including Parts 36, 39 and 52.
  • Amendments to various specialist court guides (including the Chancery Guide, Commercial Court Guide, and QBD Guide).
Fully updated to take account of new case law since the last edition, including:
  • Denton v TH White Ltd [2014] EWCA Civ 906
  • Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 1129
  • Coventry v Lawrence [2015] UKSC 50
  • Broadhurst v Tan [2016] EWCA Civ 94, Bird v Acorn Group Ltd [2016] EWCA Civ 1096, and Qader v Esure Services Ltd [2016] EWCA Civ 1109
  • R (Haralambous) v St Albans Crown Court [2018] UKSC 1
  • Barton v Wright Hassall LLP [2018] UKSC 12: on the proper approach to applications under CPR r.6.15(2)
  • Belhaj v Director of Public Prosecutions [2018] UKSC 33
  • Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6
  • Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38
  • Jet 2 Holidays Ltd v Hughes [2019] EWCA Civ 1858
  • R (on the application of Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35
 
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Duress, Undue Influence and Unconscionable Dealing 3rd Edition Mainwork and 1st Supplement

Part of the Contract Law Library, the third edition of Duress, Undue Influence and Unconscionable Dealing provides a detailed account of the law relating to these areas. Duress, undue, influence and unconscionable dealing are grounds on which a contract could be avoided by one of the parties because his/her consent was obtained by conduct which the law considers unacceptable.
 
Duress deals with circumstances where the complainants consent was obtained by the use of illegitimate pressure, such as a threat of physical violence or economic pressure.
Undue influence deals with cases where one person has acquired influence over another and that influence is exercised in an improper manner to procure the consent of the other person to enter into a contract.
 
The related, but distinct, doctrine of abuse of confidence applies where a fiduciary enters into a contract with his/her principal. The concern here is not whether the transaction was procured by the exercise of illegitimate or improper pressure; it is that the fiduciary might have abused the confidence in him or her by acting to their own advantage at the expense of their principals interests.
 
Unconscionable dealing is concerned with cases where at the time of concluding a contract one party (the weaker party) was under some special disability, such as poverty, ignorance, illness, necessity, intoxication, and the other party took unconscientious advantage of the circumstances of the weaker party. The stronger party may be guilty of unconscionable dealing even though he has not exercised any form of pressure on the weaker party.
 
The first supplement to the third edition includes fresh commentary and cases covering each chapter of the main work updating the Third Edition to 30 September 2020.
 
Duress, undue influence and unconscionable dealing are grounds on which a contract may be avoided by one of the parties because their consent was obtained by conduct which the law considers unacceptable.
 
This new supplement includes fresh commentary and cases covering each chapter of the main work, updating the 3rd Edition to 30 September 2020.
 
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Judicial Remedies in Public Law, 6th Edition

Judicial Remedies in Public Law provides unrivalled coverage of the full range of judicial remedies available to litigants in public law cases, from judicial review to those which are less common, such as habeas corpus:

Judicial Remedies in Public Law will:

  • Enable practitioners to advise and make decisions with complete confidence
  • Enable specialists at the bar to tackle complex problems and consider developments and emerging trends in case law
  • Provide lawyers in central and local government with up-to-date and authoritative analysis of judicial review which is necessary to advise defendants as well as claimants
  • Provide academics with a primary source of reference on all aspects of judicial review in the context of the fast-changing administrative justice system

WHAT’S NEW

  • Changes to public law to accommodate the departure of the United Kingdom from the European Union and the impact of the European Union (Withdrawal) Act 2018
  • Changes to the judicial review procedure including statutory changes governing discretion to refuse remedies and costs capping orders
  • Developments in practice and procedure relating to time-limits, interim relief in public law cases, the duty of candour, discretionary refusals of a remedy and the scope of judicial review, including review of prerogative powers
  • Changes in relation to appeals and statutory applications in the planning field.
  • Developments in relation to quashing decisions and nullity
  • Changes in the law on liability of public authorities in negligence and for restitutionary claims

FEATURES

  • Provides a comprehensive guide to the remedies available to litigants in public law from the common remedies available in judicial review, remedies under the Human Rights Act 1998 for breach of Convention rights to those which are used less often, such as habeas corpus.
  • Deals with the current scope, procedure and practice of judicial review and other public law remedies.
  • Introductory sections consider the situations in which judicial review is available followed by chapters dealing with the legal consequences of a successful judicial review application.
  • Details the full range of remedies available, from prerogative remedies, declaratory relief (declaring what the legal position is or what the rights of the parties are), injunctions (injunctions may be used to stop a public body from acting unlawfully by exceeding its statutory public law powers) to habeas corpus.
  • Deals in full with the procedures for bringing a claim of judicial review under the Civil Procedure Rules and the Human Rights Act 1998.
  • Includes description and analysis of changes to public law and remedies as a result of the departure of the United Kingdom from the European Union and an analysis of the European Union (Withdrawal) Act 2018
  • Changes in practice and procedure, in relation to the rules on time-limits, costs capping orders, cross-examination and disclosure are covered
  • Provides analysis of the scope of the discretion of the court to refuse remedies.
  • Deals with the changes in relation to appeals and statutory applications in the planning field
  • Thorough and comprehensive legal analysis with an accessible approach is provided throughout
  • Practical treatment of the subject matters, outlining the relevant procedures from start to finish, guiding readers through the options at each stage
  • Written by a Court of Appeal Judge regarded as a leading authority on administrative law and judicial review. Prior to appointment as a judge, the author was a respected practitioner who was appointed a QC 2006 and, prior to practice, had been an academic lawyer.
  • Authoritative commentary which can be relied upon for accuracy and acumen 
 
Carver on Charterparties 2nd Edition

Carver on Charterparties, in conjunction with Carver on Bills of Lading, covers the ground of the classic 1982 treatise Carver’s Carriage by Sea. Carver on Charterparties, 2nd edition, builds upon the thematic synthesis and analysis in this fundamental area of shipping law. Its discursive and encyclopaedic approach offers an alternative to that provided in Scrutton on Charterparties and Bills of Lading.

  • Explains charterparties, their nature and characteristics
  • Covers the parties, formation and interpretation of the charterparty as a contract
  • Describes how charterparties apply to the vessel, the cargo and the voyage
  • Discusses cargo claims
  • Examines demise, time and voyage charterparties
  • Addresses laytime and demurrage
  • Analyses discharge by frustration and breach
  • Covers damages and other remedies
The second edition covers a number of major cases since the first edition, including:
  • Gard Marine & Energy Ltd v China National Chartering Co Ltd (The Ocean Victory) [2017] UKSC 35; [2017] 1 W.L.R. 1793 (safe port undertakings; demise charterparties and co-insurance; limitation)
  • Volcafe Ltd v Cia Sud Americana de Vapores SA [2018] UKSC 61; [2019] A.C. 358 (caring for cargo; burden of proof; inherent vice)
  • Classic Maritime Inc v Limbungan Makmur Sdn Bhd [2018] EWHC 2389 (Comm); [2019] 1 Lloyd’s Rep. 349; [2019] EWCA Civ 1102; [2020] 1 Lloyd’s Rep. 178 (provision of cargo and exception clauses)
  • Silverburn Shipping (IOM) Ltd v Ark Shipping Co LLC (The Arctic) [2019] EWCA Civ 1161; [2019] 2 Lloyd’s Rep. 603 (obligation to maintain class)
  • Eleni Shipping Ltd v Transgrain Shipping BV (Comm) (The Eleni P) [2019] EWHC 910 (Comm); [2019] 2 Lloyd’s Rep. 265 (piracy)
  • Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM Libra) [2019] EWHC 481 (Admlty); [2019] 1 Lloyd’s Rep. 595; [2020] EWCA Civ 293 (unseaworthiness; defective passage plan)
 
McGregor on Damages, 21st Edition

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for over 50 years.

Part of the Common Law Library McGregor on Damages provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to a full analysis of specific areas of damages.

The 21st edition contains a number of significant new features:

  • Each and every chapter of the book's fifty chapters has been updated and many have been very substantially revised.
  • An entirely rewritten chapter on licence fee damages following the groundbreaking decision of the Supreme Court in Morris-Garner v One Step (Support) Ltd [2018] UKSC 20, [2019] AC 649. This detailed new chapter explains the circumstances in which this very important category of damages will be available after that decision.
  • Many revisions and updated chapters have been prompted by important new decisions. The rewritten chapter on causation, scope of duty and remoteness of damages, by itself, reflects new and important decisions of the Supreme Court and Privy Council such as Tiuta International Ltd v De Villiers Surveyors Ltd [2017] UKSC 77, [2017] 1 WLR 4627; Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, [2019] AC 831; Perry v Raleys Solicitors [2019] 2 WLR 636; R (Hemmati) v Secretary of State for the Home Department [2019] UKSC 56, [2019] 3 W.L.R. 1156; and Attorney General of the Virgin Islands v Global Water Associates Ltd [2020] UKPC 18 as well as decisions of the Court of Appeal and High Court in MNX v Khan [2018] EWCA Civ 2609, [2019] EWCA Civ 152; Clay v TUI UK Ltd [2018] EWCA Civ 1177, [2018] 4 All ER 672; Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307; Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, [2019] 1 W.L.R. 4610; ARB v IVF Hammersmith Ltd [2018] EWCA Civ 2803, [2020] QB 93; Phones4u Ltd (In admin) v EE Ltd [2018] EWHC 49 (Comm); Nautical Challenge Ltd v Evergreen Marine (UK) Ltd [2019] EWHC 163 (Admrlty), [2019] 1 Lloyd's Rep 543; Rihan v Ernst and Young Global [2020] EWHC 901 (QB); Leggett v Giambrone Law LLP (in liq) [2020] EWHC 724 (QB) and McAlpine Grant Ilco Ltd v AFR Refrigeration Ltd [2020] EWHC 106 (QB).
  • Expanded coverage of torts causing personal injury, torts causing death and assault and false imprisonment including important decisions such as Dryden v Johnson Matthey Plc [2018] UKSC 18, [2019] AC 403; R (on the application of Hemmati) v Secretary of State for the Home Department [2018] EWCA Civ 2122; [2019] QB 708; ARB v IVF Hammersmith [2018] EWCA Civ 2803; [2020] QB 93; Irani v Duchon [2018] EWCA Civ 2609; XX v Whittington Hospital NHS Trust [2020] UKSC 14, [2020] 2 WLR 972; and Khan v Meadows [2019] EWCA Civ 152, [2019] 4 WLR 26; Smith v Lancashire Teaching Hospitals NHS Foundation Trust [2017] EWCA Civ 1916, [2018] QB 804.
  • Further inclusion of money awards for equitable wrongdoing, both to compensate for losses and to disgorge a defendant's profits including for breach of trust, breach of confidence, and misuse of personal information.
  • Discussion and explanation of significant developments in the Supreme Court, Court of Appeal and High Court and in other common law jurisdictions in relation to damages for professional negligence, breach of privacy and misuse of private information, defamation, consequential loss clauses, pure economic loss, aggravated damages, vindicatory damages and many more.

Features List:

  • Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages
  • Clarifies complex areas such as loss of a chance, mitigation, causation and exemplary damages
  • Examines such issues as periodical payments and interest on damages
  • Goes through statement of case, the trial and appeals
  • Considers damages in relation to particular contracts, tort and human rights such as below:

Contracts

  • Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage and Contracts of Employment

Torts

  • Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy and Misfeasance in Public Office

Human Rights

  • Damages are sought through the courts to compensate someone who suffers loss, damage or injury caused by the action of others 
 
Snell's Equity 34th Edition Mainwork and 1st Supplement

Snell's Equity provides in-depth commentary and analysis of the law of equity and offers interpretation of how the different rules can be applied to property (trusts, assets, securities). It is the most comprehensive book on this subject and is frequently cited in court.
Snells Equity:
  • Examines the nature and maxims of equity.
  • Wide coverage from historical tradition to modern developments
  • Interprets the principles and their application in different modern situations
  • Considers all new legislative and case developments
  • Covers the three main substantive fields of equity jurisdiction: trusts, the administration of assets and securities, particularly mortgages.
  • Takes into account the growing application of trusts and fiduciary obligations in commercial contexts
  • Clear narrative with logical progression of principles and definitions to application in practice and remedies.
Whats new to this supplement:
  • Chapter 27 on the Appointment, Retirement and Removal of Trustees has been re-written to take account of recent developments.
  • The part of chapter 19 on Receivership by way of Equitable Execution has been re-written to take account of recent developments.
  • The Court of Appeals major decision on breach of confidence inRacing Partnershop Ltd v Sports Information Services[2020] EWCA Civ 1300 is dealt with in chapter 9.
  • Chapter 5 on the maxims of equity deals with the Supreme Courts decision inLehtimaki v Cooper[2020] UKSC 33 and the High Court of Australias decision inSmethurst v Commissioner of Police, both on the maxim that equity will not suffer a wrong to be without a remedy.
  • Lehtimaki v Cooper[2020] UKSC 33 is also dealt with in chapter 10 in connection with the control of fiduciary powers, as is an important case from Bermuda,Grand View Private Trust Co Ltd v Wong[2020] CA (Bda) 6 Civ.
  • Lehtimaki v Cooper[2020] UKSC 33 is also considered in chapter 7 on Fiduciaries.
  • Chapter 7 also contains further discussion of the principles governing the identification and quantification of the profits for which a fiduciary may be accountable following the decision of the Court of Appeal inKeystone Healthcare Ltd v Parr[2019] 4 WLR 99 CA.
  • In relation to rescission (chapter 15), the Court of Appeals major decision on economic duress inTimes Travel (UK) Ltd v Pakistan International Airlines Corp[2020] Ch 98 (CA).
  • AA v Persons Unknown[2020] 4 WLR 35, which confirms that proprietary injunctions are available in respect of cryptocurrencies, is covered in chapter 18 on injunctions.
  • Chapter 20 on Personal Monetary Claims deals withAuden McKenzie (Pharma Division) Ltd v Patel[2020] BCC 316 CA, an important decision of the Court of Appeal concerning equitable compensation in the context of company payments.
  • Also, in chapter 20 the section dealing with damages under Lord Cairns Act is substantially re-written following the decision of theSupreme Court in Morris-Garner v One Step (Support) Ltd[2019] AC 367.
  • The section in chapter 30 (Breach of Trust) dealing with interest in equity is substantially re-written following the decision of the Court of Appeal inWatson v Kea Investments[2019] 4 WLR 145. That chapter also covers the substantial restatement of the law relating to dishonest assistance inGroup Seven Ltd v Nasir[2020] Ch 129 CA
 
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Copinger and Skone James on Copyright 18th Edition

A leading text in its field, Copinger Skone James on Copyright offers thorough and comprehensive coverage of the main aspects of copyright and connected rights.
This 18th edition has been updated to take account of the latest legislative and case law developments. Volume 1 contains commentary and analysis with Volume 2 featuring legislation and materials.
The title takes a subject by subject approach to take you through Copyright, Rights in Performances, Rights in Designs, Moral Rights and a variety of Miscellaneous Rights.
New to the 18th edition:
  • Chapter 2 has been re-written to present a compact and comprehensive overview of international, EU and UK copyright law, including the impact of Brexit
  • Chapter 3 includes recent EU case law on subsistence of copyright and its implications for the UK: Levola Hengelo, Cofemel, Brompton, Funke Medien
  • Chapter 4 considers the implications of the Court of Appeals decision in Martin v Kogan as to what constitutes authorship and joint-authorship.
  • In Chapter 7 the section on communication to the public now reflects guidance given by the UK High Court in Warner Music v TuneIn and in Wheat v Google. It also covers recent EU case law on infringement of copyright in sound recordings (Pelham) and cases on the distribution right.
  • Chapter 9 discusses recent EU case law on permitted acts (Pelham, Spiegel Online, Funke Medien) and features a full rewrite and update of temporary copying permitted act.
  • Chapter 13 has been updated to reflect not only the significant effects of Brexit but also the current uncertainties and difficulties with regard to the UK approach to design law generally arising from the CJEUs rulings in Cofemel and Brompton.The chapter has also been expanded to include comprehensive coverage of registered designs.
  • Chapter 18 updates the position in the light of the decision of the High Court in 77m v Ordnance Survey as well as the changes in the position regarding qualification for the sui generis light after Brexit.
  • Chapter 22 has been expanded to include the offence of copying a registered design
  • Chapter 24 covers updates on EU law including the Directive on the Digital Single Market
  • In Chapter 26 the industry sections have been comprehensively updated
Generally, prospective changes as a result of Brexit have been covered as they appear at present.
 
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Keating on Construction Contracts, 11th Edition

A classic construction law text Keating on Construction Contracts is a first port of call for all research on the history and principles governing building contracts, their practical application and their interpretation by the courts. Renowned for its accessible style, and reliable authority the title covers all relevant legislation and case law, EC law, and the FIDIC, NEC3, JCT Forms of Contracts and ICE Conditions of Contract.

The book offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts and presents in depth practical help in a concise style, discussing legal principles, analysing judicial decisions, interrogating standard forms and interpreting legislation.

What’s new

  • A new chapter on Alternative Dispute Resolution (ADR)
  • A revised chapter now dealing with all construction professionals
  • Updates on recent appellate and TCC decisions
  • Commentary on the latest NEC form, NEC4
  • Recent construction law cases include:
  1. The Supreme Court decision in Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd
  2. The Court of Appeal decision in Triple Point Technology, Inc v PTT Public Co Ltd
  3. and TCC decisions in Network Rail Infrastructure v ABC Electrification; Anchor 2020 v Midas Construction; Zagora Management Ltd v Zurich Insurance Plc; Yuanda (UK) v Multiplex Construction Europe; C Spencer v MW High Tech Projects UK; DBE Energy v Biogas Products and Doosan Enpure v Interserve Construction. 
 
Commercial Injunctions, 7th Edition

Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. The 7th Edition maintains and extends the quality of previous editions which has given the book its deserved reputation. It has been updated in the light of extensive new case law and legislative developments, including to the Civil Procedure Rules.

The coverage includes all aspects of injunctions,

  • including General principles,
  • Freezing injunctions,
  • Anti-suit injunctions,
  • Disclosure orders,
  • injunctions in Civil Fraud cases,
  • the injunction jurisdiction against “non-parties” and “non cause of action defendants”,
  • injunctions relating to Arbitration Agreements and in support of Arbitral proceedings,
  • Interim orders of Arbitral Tribunals,
  • Injunctions in support of court proceedings or arbitral proceedings abroad,
  • Conflicts of Law issues,
  • the effects of Comity,
  • injunctions against “persons unknown”,
  • chapters on the law and practice of contempt proceedings in connection with injunctions,
  • Ancillary orders to injunctions, c
  • ourt appointed Receivers including over assets abroad,
  • the cross-undertaking as to damages,
  • the effect of the standard form Freezing injunction which is used in England and other common law jurisdictions,
  • Search orders and the Anton Piller jurisdiction,
  • injunctions in connection with Performance Bonds and Guarantees issued by Banks and others,
  • injunctions ancillary to proceedings to set aside transfers of assets including under s. 423 Insolvency Act 1986,
  • injunctions ancillary to challenging overseas Trusts and offshore company structures,
  • injunctions ancillary to realising assets through insolvency proceedings,
  • the granting of injunctions ancillary to the enforcement of a judgment,
  • “equitable execution”,
  • the practice and procedure on ex parte applications,
  • practice and procedure on applications to discharge injunctions,
  • the principles applicable to granting variations of, and exceptions to injunctions,
  • injunctions relating to intellectual property disputes,
  • changes to the standard form order which might usefully be made on an application for a Freezing injunction,
  • confidentiality of documents used in connection with injunction proceedings, passport orders,
  • injunctions and Family law ancillary relief proceedings and much more.

The new edition takes in the many key judgments made since the previous edition, and has a wealth of new content covering new developments.

The title’s in-depth coverage is by an Author who is Leading Counsel in full time practice as an advocate in court and in arbitrations, and as an arbitrator. The book provides a highly practical and invaluable tool for practitioners, offering clear analysis and guidance. The author’s experience of the subject goes back over 40 years and includes when the Mareva jurisdiction first emerged.

The text renders difficult concepts easily understandable, answers key questions clearly, and provides a coherent and reasoned statement of the principles applicable to injunctions generally and to injunctions for particular purposes. The Author discusses new developments in a critical way, stimulating further thought, discussion and debate, and looking forward to new developments in injunctions in a changing world altered by the internet, blockchain, cryptocurrencies, and where prompt remedies are needed urgently which will be effective abroad.

This new edition includes an appendix providing a unique comparative look at practice and procedure of injunctions and attachments, including in support of Arbitral proceedings, in the US Federal courts and in New York state courts from the leading US law firm Weil, Gotshal & Manges LLP, which practises internationally.

  • Provides unparalleled in-depth coverage of the subject
  • The text has been cited in numerous cases including in the Supreme Court and the Privy Council
  • Gives practical advice on how and when to obtain injunctions, how to defend against such orders and the options available
  • Provides key insight into the continuing evolution of the Mareva jurisdiction preserving assets
  • Provides a one-stop source of answers 
 
Phipson on Evidence 19th Edition Mainwork and 2nd Supplement

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Phipson on Evidence is the leading work on civil and criminal evidence. It examines in detail all aspects of the principles and procedures making up the law of evidence. Coverage includes the admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues.

Phipson on Evidence is the leading work on civil and criminal evidence. It examines in detail all aspects of the principles and procedures making up the law of evidence. Coverage includes the admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues.
The Second supplement to the Nineteenth edition brings the mainwork up-to-date by considering a number of important legal developments, including
  • the Governments recent statement that, in light of Covid, legislation will be passed to legalise the witnessing of wills by remote means e.g. via platforms such as Zoom or FaceTime;
  • the Court of Appeal decision in Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 where the Court upheld the first instance decision that legal advice privilege attaching to communications between a company and its solicitors, subsisted despite the company's subsequent dissolution;
  • the appellate decision in Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 in which the Court of Appeal considered the circumstances in which LPP could be overridden by statute;
  • Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 where the Supreme Court provided guidance as to the approach to be adopted towards evidence allegedly obtained by torture; and
  • Yam v UK [2020] ECHR 41, where the European Court of Human Rights rejected the applicants submission that in holding part of a murder trial in camera, the UK had breached Article 6 of the Convention.
And many more...
 
Key features:
  • Leading work and authority on civil and criminal evidence, frequently quoted in court
  • Written by a prominent team of expert authors, with excellent balance between leading practitioners and academics
  • Fully updates all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules
  • Examines in detail all aspects of the complex principles and procedures which make up the law of evidence including admission of evidence, evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses
  • Considers the burden and standard of proof
  • Discusses all aspects of good and bad character
  • Includes analysis of privilege and facts excluded by public policy
  • Examines hearsay in civil and criminal proceedings
  • Looks at the exclusion and inclusion of extrinsic evidence
  • Examines the judicial discretion to admit or exclude evidence
  • Considers a broad range of case law, including that of the Commonwealth
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De Smith's Judicial Review 8th Edition Mainwork and 3rd Supplement

De Smiths Judicial Review is the leading work on the history, principles and practice of judicial review in England and Wales.
The Third Supplement brings the 8th edition mainwork up to date and includes cases which have either developed a principle or provide a particularly useful illustration of a principle or practice. The cases cover the following areas:
  • Justiciability
  • Jurisdictional error and ouster clauses
  • Legitimate expectations
  • The duty to give reasons
  • Substantive unfairness and equality
  • Intensity of proportionality review
  • Discrimination cases under the Human Rights Act and domestic law
 
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