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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 
 
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. 
 
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

 

 
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 
 
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 
 
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 
 
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. 
 
The Interpretation of Contracts, 7th Edition

First published in 1989 and now in its seventh edition, Lewison’s Interpretation of Contracts has established itself as an indispensable resource on contracts and the leading text in its field.

This essential work provides authoritative guidance to constructing and interpreting contracts. It enables practitioners to navigate the key statutes and case developments in this area, informing the process of drafting or revising a contract by identifying key principles and discussing them comprehensively, yet concisely, with reference to case law.

By enabling lawyers to construct arguments rooted in case law, this book helps lawyers better challenge contracts and explain their inadequacies.

Features

  • The structure is very straightforward: a general proposition is followed by more detailed explanation with generous quotation from judgments.
  • The scope keeps to the principles that the courts deploy in interpreting contracts, and is thus of direct, practical relevance to barristers.
  • The style of approach is practical rather than theoretical. It is designed for the busy practitioner.
  • The coverage includes all the cases of importance in interpreting contracts (including many that are unreported).
  • The book goes through each component of a contract, setting out the basic proposition, followed by analysis and the most relevant judicial decisions for practitioners.
  • It identifies the materials available to aid in the interpretation of contracts, analysing each: the contract document, related documents, drafts, previous agreements, pre-contract agreements and negotiations, and contractual terms.
  • Gives background on the impact of law and precedent on interpretation, including the court’s approaches to standard forms such as conveyancing agreements.
  • Lays out the golden rule as regards the meaning of words, and its operation in practice through key decisions.
  • Assesses the dispute resolution options in the context of contract interpretation, including choice of law and scope of jurisdiction clauses
  • Covers the circumstances in which terms can be implied and fulfilled, including important developments following the Belize Telecom case, and the extent to which entire agreement clauses preclude the implication of terms.
  • Looks at the rules of construction, including the consideration of a clause in the context of a whole document, the addition of special conditions to a standard form of contract and the relationship of general and special provisions.
  • Explains the meaning and operation of patent and latent ambiguity and their effects on the contract, as well as uncertainty, mistake and inconsistencies.
  • Explores the impact of Rainy Sky SA v Kookmin Bank and subsequent cases regarding ambiguity and ‘business common sense’.
  • Considers the preliminary parts of a deed (everything preceding the habendum), analysing in-depth the effect of recitals.
  • Reviews the subject matter of a contract, such as the inclusion or otherwise of a parcel of land, admissible evidence to identify the subject matter, evidence of physical features and plans.
  • Covers exclusion clauses, including indemnity, time-bar and non-reliance clauses, and the exclusion of rights and remedies; and force majeure clauses.
  • Considers the inclusion of certificates, consents and deeming clauses
  • Analyses issues of time stipulation and punctuality, in contracts such as mercantile and conditional contracts.
  • Explains conditions and conditional contracts, including the impact of Jet2 v Blackpool Airport on best endeavours obligations.
  • Discusses in detail clauses relating to penalties, termination and forfeiture.

WHAT’S NEW

  • This new edition updates the reader on key developments since the last edition was published in 2015.
  • Close to 200 new cases considered
  • A completely rewritten Chapter 1 giving an overview of contractual interpretation
  • A return to the traditional approach to the implication of terms
  • A new balance between the natural meaning of words in context and wider aspects of commercial common sense
  • A reformulation of the validation principle
  • Supreme Court discussion of the prevention principle in Duval v 11-13 Randolph Crescent Ltd
  • The division of the text into smaller paragraphs which will make it easier to sea 
 
The Law of Artificial Intelligence

The Law of Artificial Intelligence is an essential practitioner''s reference text examining how key areas of current civil and criminal law will apply to AI and examining emerging laws specific to the use of AI. It explains the fundamentals of AI technology, its development and terminology. The book also covers regulation, ethics and the use of AI within legal services and the administration of justice.

The book is edited by Matt Hervey, Head of Artificial Intelligence at Gowling WLG (UK) LLP, and Matthew Lavy, 4 Pump Court, an expert on disputes involving technology. The chapters are by specialists from the bar, private practice and academia.

Topics include:

  • The Technology
  • Law, Ethics and AI
  • International Regulation of AI
  • Liability for Physical Damage
  • Liability for Economic Harm
  • AI and Professional Liability
  • Intellectual Property
  • Data Protection and Privacy
  • Competition
  • Criminal Law
  • AI and Smart Contracts
  • AI in the Justice System
  • AI in the Legal Profession 
 
Bowstead and Reynolds on Agency, 22nd Edition

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 new case for this edition includes:

  • Chapter 1: Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2019] EWCA Civ 83; [2019] 1 W.L.R. 4481; Singularis Holdings Ltd (in liq) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50; [2019] 3 W.L.R. 997; Royal Mail Group Ltd v Jhuti [2019] UKSC 55; Vedanta Resources Plc v Lungowe [2019] UKSC 20
  • Chapter 2: Ramsook v Crossley [2018] UKPC 9; Travelers Insurance Company Ltd v XYZ [2019] UKSC 48; Ukraine v Law Debenture Trust Corp Plc [2018] EWCA Civ 2026; [2019] 2 W.L.R. 655
  • Chapter 3: Taylor v Rhino Overseas Inc [2020] EWCA Civ 353
  • Chapter 5: Ciban Management Corp v Citco (BVI) Ltd [2020] UKPC 21
  • Chapter 6: Interactive Technology Corp Ltd v Ferster [2018] EWCA Civ 1594 at [16]; Auden McKenzie (Pharma Division) Ltd v Patel [2019] EWCA Civ 2291; Lehtimaki v Cooper [2020] UKSC 33; Candey Ltd v Crumpler [2020] EWCA Civ 26; Marino v FM Capital Partners Ltd [2020] EWCA Civ 245.
  • Chapter 7: Bates v Post Office Ltd (No 3) [2019] EWHC 606 (QB); Barton v Gwyn-Jones [2019] EWCA Civ 1999
  • Chapter 8: Filatona Trading Ltd v Navigator Equities Ltd [2020] EWCA Civ 109; Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV [2019] EWCA Civ 10; Ciban Management Corp v Citco (BVI) Ltd [2020] UKPC 21; East Asia Co Ltd v PT Satria Tirtatama Energindo [2019] UKPC 30; High Commissioner for Pakistan in the United Kingdom v Prince Muffakham Jah [2019] EWHC 2551 (Ch); [2020] 2 W.L.R. 699; Barclays Bank Plc v Various Claimants [2020] UKSC 13; [2020] 2 W.L.R. 960; Wm Morrison Supermarkets Plc v Various Claimants [2020] UKSC 12; [2020] 2 W.L.R. 941; Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2019] UKSC 50; [2019] 3 W.L.R. 997
  • Chapter 9: Aidiniantz v The Sherlock Holmes International Society Ltd [2016] EWHC 1392 (Ch); [2016] 4 W.L.R. 173; Zoya Ltd v Shaikh Nasir Ahmed [2016] EWHC 2249 (Ch); [2016] 4 W.L.R. 174; Bilta (UK) Ltd v Natwest Markets Plc [2020] EWHC 546 (Ch)
  • Chapter 10: Gwinnutt v George [2019] EWCA Civ 656; W Nagel (A Firm) v Pluczenik Diamond Co NV [2018] EWCA Civ 2640 
 
Goode on Payment Obligations in Commercial and Financial Transactions, 4th Edition

Goode on Payment Obligations in Commercial and Financial Transactions is the practitioner’s essential source of clear and in depth answers for issues concerning monetary obligations. This complete guide sheds light on all forms of payment, the common law and legislative regulation, and the underpinning legal principles.

Key features:

  • A clear and detailed explanation of the legal principles involved in monetary obligations in commercial transactions
  • Covers all aspects of payment obligations from the definitions of money and payment through to international inter-bank transfers and foreign money obligations
  • Offers new insights into familiar problems by rigorous analysis of the underlying legal principles
  • Analyses the key concepts of money, payment, obligation to pay, the right to payment and defences and remedies regarding payment claims
  • Explains the stipulations concerning time and interest: express and implied terms, the impact of termination of contract, and the acceleration of liability
  • Simplifies complex but crucial concepts such as compound interest, payment to an agent, recovery of exchange rate losses and foreign illegality
  • Provides guidance on complying with anti money-laundering legislation
  • Introduces electronic and virtual money systems
  • Enables practitioners to advise on damages and remedies in cross-border transactions
  • Elucidates the law in Commonwealth jurisdictions and the US, providing a comparative approach to problems which are international in character
  • Thoroughly up to date revisions of classic lectures by the pre-eminent Sir Roy Goode QC
 
Lindley & Banks on Partnership, 20Ed (Mainwork and 3rd Supplement)

Lindley & Banks on Partnership, 20th Edition gives you comprehensive, authoritative and practical coverage of the law relating to both general and limited partnerships. This seminal text on partnerships, first published in 1860, reflects the current editor’s wide practical experience in this area of law and gives you detailed commentary on all aspects of the life of a partnership, from its nature and formation to the usual contents of a partnership agreement and common areas of dispute, the liabilities undertaken by partners both internally and externally and, finally, to dissolution, winding up and insolvency. It also explains how partnerships are taxed. The twentieth edition covers all legal changes since the last edition, with reference to UK and Commonwealth authorities where relevant.
 
New to the 20th edition and latest supplement:
  • Explores partners’ statutory and other rights to information and access to books, the potential impact of the restraint of trade doctrine on the partnership agreement whilst the partnership continues and the interplay of the courts’ jurisdiction over partnerships with its powers under TOLATA 1996.
  • Considers the impact of cases such as Boghani v. Nathoo (on rights and duties under s.38 of the 1890 Act), Bates van Winkelhof v. Clyde & Co LLP (on the overlap of employment rights with partnership) and Hosking v. Marathon Asset Management LLP (on the equitable doctrine of forfeiture).
  • Includes a fully updated section on the regulation of solicitor partnerships
  • Analyses the implications of the decision in Wild v. Wild in identifying what is partnership property.
  • Notes the Scottish cases of Sheveleu v. Brown regarding the application of various provisions of the 1890 Act following a dissolution and Morrison v. Aberdein Considine & Co regarding the status of salaried partners.
  • Considers the nature of a partnership share in the light of the important decision of the Australian court in Rojoda Pty Ltd v Commissioner of State Revenue.
  • Explains the new income tax rules on expenses incurred by partners and the changes to entrepreneurs’ relief and the treatment of UK residents and non-resident for capital gains tax.
 
The Modern Contract of Guarantee, 4th Edition

The Modern Contract of Guarantee provides readers with a detailed reference work on the law of guarantees. It provides practical insights into areas such as the validity and construction of guarantees, how to avoid a guarantee being discharged and common difficulties with enforcement. It also contains drafting guidance and a useful comparative discussion of developments in England and Commonwealth countries.

Key features:

  • Provides a practical guide to the law of guarantees in modern commercial practice
  • Covers all aspects of the contract of guarantee, from formation to discharge of liability, and the rights of the parties
  • Gives guidance on drafting contracts of guarantee
  • Examines the meaning of common provisions of a guarantee agreement, with detailed reference to case law
  • Discusses factors affecting the validity of the guarantee, such as duress and undue influence
  • Looks at special principles applicable to guarantees which will lead to the guarantee being discharged and provides guidance on how to avoid common pitfalls
  • Advises on how the lender can guard against discharge of a guarantee
  • Considers problems the lender may have enforcing the guarantee
  • Looks at the rights of guarantors both before and after payment
  • Includes procedural aspects of the law for litigation

New for this edition:

  • Updated for the Insolvency Rules 2016
  • Notes impending changes to legislation due to Brexit
  • Incorporates over 50 new cases on guarantees and indemnities, covering the full spectrum of issues
  • Focuses on English case law but, as with past editions, also makes substantial reference to decisions from the rest of the UK, Ireland and around the Commonwealth
  • Keeps abreast of general developments in contract law since the last edition, on topics such as construction, rectification, illegality, penalties and damages
 
Shackleton on the Law and Practice of Meetings, 15th Edition

Shackleton on the Law and Practice of Meetings is a leading resource on the law and practice of company, charity and public sector meetings, providing a complete statement of the law with detailed practical guidance.
 
Features:
  • Discusses the legal implications of public and private meetings
  • Addresses the practical issues to be aware of when organising and managing meetings
  • Deals with specific forms of meeting such as board, committee, shareholder and public sector meetings
  • Explains different types of resolution and how these are passed in the context of meetings
  • Provides a guide as how to maintain good order and ensure fairness at meetings
  • Directs the reader to the appropriate statutory requirements under the Companies Act 2006 and other relevant legislation
  • Covers meetings of the various forms of charitable organisations
  • Considers the principles of natural justice and public sector equality duty and their outworkings in the context of information access and attendance at real and on-line meetings accessible by the general public
  • Provides ‘worked’ practice examples and checklists for company meetings
  • Looks at the powers, duties and roles of directors in the context of meetings
  • Provides guidance on the conduct of all tiers of local government meetings
  • Explains how to access information
What’s New
  • Accessibility requirements to meetings of public sector bodies including the application of The Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 and the draft Local Government and Elections (Wales) Bill 2020
  • Remote meetings arising from, the effects of the Coronavirus (CV-19) Pandemic and their outworkings through the Coronavirus Act 2020 and the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020

 

 
Shareholders' Agreements, 8th Edition

Shareholders’ Agreements provides practical guidance on the nature and effect of shareholders’ agreements and articles of association. The new edition has been substantially updated to provide more practical guidance on drafting shareholders’ agreements and other related documentation through the use of detailed drafting notes. The title includes precedents, articles of association for private companies limited by shares. It also comes with a CD-ROM to make drafting quick and easy.

  • Offers in-depth analysis on the key components of shareholders’ agreements and articles of association, enabling you to draft these documents with confidence
  • Analyses the elements of joint ventures and property joint ventures so you are aware of the possible structures and have the tools you need to draft the relevant documents
  • Provides information on taxation considerations in relation to this area
  • Reflects recent changes in market practice in private equity transactions
  • Covers the theory behind partnership structures
  • Explains boilerplate provisions
  • Offers expert commentary on option agreements and warrants with detailed drafting notes, so you can draft these types of agreements and are aware of the key issues
  • Includes a CD-ROM of all precedents for easy drafting
New to the 8th edition:
  • Precedents and accompanying commentary revised and updated to take account of current practice and thinking
  • Updated chapters on related law and taxation
  • A new chapter on directors' duties and their interaction with shareholder rights
  • New precedent optional provisions for use with the main precedent documents.
 
Clerk & Lindsell on Torts 23rd Edition

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.
  • Provides unrivalled breadth and depth of coverage on all areas of tort law
  • Sets out the general principles of liability and causation
  • Explains the general defences, such as claimant’s wrongdoing, contributory negligence, 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 important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass of land and dispossession, from animals’ liability to nuisance and Rylands v Fletcher, and from malicious falsehood to economic torts
  • Discusses statutory IP rights, passing off and breach of confidence and privacy
  • Includes a fully updated chapter on Defamation
  • Deals extensively with damages
  • Covers injunctions and limitation periods
  • Includes discussion of self-help and discharge of torts
  • Considers relevant human rights issues
New to this edition from the Supreme Court:
  • Robinson v Chief Constable of West Yorkshire on the duty of care owed by the police to members of the public when effecting an arrest of a suspected offender; and, together with Poole BC v GN, on the role of the “Caparo tripartite test” for the existence of a duty of care, stressing the importance of taking an incremental approach to novel negligence claims
  • Commissioner of Police of the Metropolis v DSD holding that policy arguments about the risk of defensive policing or the diversion of resources from police work to compensation claims were not relevant to whether the police owe an operational duty under ECHR art.3 when investigating criminal offences and that serious defects in the investigation of crimes of violence could amount to a breach of that duty
  • Dryden v Johnson Matthey Plc on the meaning of “damage” in personal injury claims
  • Steel v NRAM Ltd (formerly NRAM Plc) on the duty of care owed by a solicitor to a third party in claims for negligent misrepresentation
  • JSC BTA Bank v Khrapunov on what constitutes “unlawful means” for the purposes of the tort of conspiracy
  • R. (on the application of Haralambous) v St Albans Crown Court holding that there is no obligation to disclose to the party affected by a search warrant the material upon which the magistrates relied when deciding to grant the warrant
  • Perry v Raleys Solicitors on the correct approach to a “lost chance” claim against solicitors, approving Maples Group Ltd v Simmons & Simmons; and Edwards v Hugh James Ford Simey on the use of evidence which had become available after the date of the lost claim in assessing the strength of that claim
  • WM Morrison Supermarkets plc v Various Claimants on the interpretation of “the close connection test” for the purpose of vicarious liability; and Barclays Bank plc v Various Claimants on the limits of that test
  • Vedanta Resources plc v Lungowe on the potential liability of a parent company in relation to the activities of its subsidiaries
  • Darnley v Croydon Health Services NHS Trust on the duty of care owed by an Accident and Emergency department receptionist to a patient
  • Lachaux v Independent Print Ltd on the requirement introduced by the Defamation Act 2013 that a claimant have suffered “serious harm” to reputation
  • Stocker v Stocker on the correct approach to determining the meaning of words posted to a social media site (Facebook) for the purposes of the tort of defamation
  • James-Bowen v Commissioner of Police of the Metropolis holding that an employer does not owe a duty of care to employees to defend a civil action against the employer in a manner that protects the employees from economic or reputational harm
  • Playboy Club London Ltd v Banca Nazionale Del Lavoro SpA on the Hedley Byrne duty of care owed by a bank when giving a credit reference to an agent of a casino, where the bank had no knowledge of the casino
  • Morris-Garner v One Step (Support) Ltd on the assessment of damages in lieu of an injunction under Lord Cairns’ Act, and holding that “negotiating damages” (previously referred to as “Wrotham Park damages”) are compensatory and not intended to remove gains from the defendant
  • R. (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department on the relationship between the tort of false imprisonment the concept of deprivation of liberty within art.5 of the European Convention on Human Rights
  • R (on the application of Hemmati) v Secretary of State for the Home Department on a claimant’s entitlement to substantial, as opposed to nominal, damages for false imprisonment where the policy under which the claimant was detained was unlawful
  • Singularis Holdings Ltd (In Liquidation) v Daiwa Capital Markets Europe Ltd holding that there is no rule that, where a company is suing a third party in tort, the fraudulent conduct of a sole director will be automatically attributed to the company
  • Tiuta International Ltd (In Liquidation) v De Villiers Chartered Surveyors Ltd on the liability of a valuer where a lender advances monies against over-valued security and part of those monies goes to pay off old indebtedness to the same lender
  • R. (Mott) v Environment Agency on a fisherman’s rights under art.1 Protocol 1 of the ECHR
  • XX v Whittington Hospital NHS Trust where the claimant was entitled to recover the reasonable costs of entering commercial surrogacy arrangements abroad, although such arrangements would be contrary to the Surrogacy Arrangements Act 1985
  • Re D (a child) (residence order: deprivation of liberty) holding that a parent could not authorise the detention of a 16- or 17-year old minor who lacked capacity that would amount to a deprivation of liberty
  • Welsh Ministers v PJ imposing conditions in a community treatment order which would amount to a deprivation of the patient’s liberty would breach art.5 ECHR
  • Secretary of State for Justice v MM neither the tribunal nor the Secretary of State are permitted to impose conditions amounting to detention or a deprivation of liberty, in relation to a conditionally discharged restricted patient, even if the patient consented
  • An NHS Trust v Y on the withdrawal of clinically assisted nutrition and hydration from a patient with a prolonged disorder of consciousness
  • Cartier International v British Telecommunications Plc which held that trade mark owners must indemnify ISPs against the cost of complying with a blocking injunction

 

 
Glanville Williams: Learning the Law, 17th Edition

First published in 1945, Glanville Williams: Learning the Law has been introducing students to the foundation skills needed to study law effectively for over 70 years. Now in its 17th edition, it is still the must-have book for every student embarking upon a law degree.

Introduces students to the basic legal materials such as statutes and case law, and explains how these are to be read and interpreted in the light of common law doctrines of precedent

  • Explains how legal problems are to be solved and discussed in the examination room
  • Offers advice on study methods, exam preparation, time and stress management
  • Discusses the methods of legal research, and explains where to look for the law, both on paper and electronically
  • Covers participation in moots, mock trials and other competitions
  • Discusses employment prospects and gives advice on seeking and obtaining work
  • Provides recommendations for further reading within and outside the law

 

 
Illegality and Public Policy, 5th Edition

This text sets out fully and clearly the law relating to illegality, public policy and restraint of trade in the context of contracts. Offering practical examples of situations in which illegality issues may arise and outlining possible solutions, the book also explores possible reforms of the law in the UK and Commonwealth jurisdictions aimed at overcoming its perceived uncertainly and rigidity.

Key Features

  • Clarifies the particularly complex law relating to illegality and public policy in contracts and the possible consequences of such agreements.
  • Distinguishes between ‘statutory illegality’ and illegality derived from common law.
  • Considers issues arising from the relationship between criminal and civil law, including claimant recovery actions, the forfeiture rule, and the Estates of Deceased Persons Act 2011.
  • Looks at the nature and scope of the doctrine of public policy
  • Detailed examination of the doctrine of restraint of trade and the distinction between public and private interest.
  • Sets out the availability of restitutionary relief in cases of contract illegality
  • Explores UK and Commonwealth case law and the most recent reforms in these jurisdictions.
  • Highlights potential arguments for challenging and examining contracts.
  • Deals with the passing of property under unenforceable contracts and difficulties surrounding the transfer of limited interests.
  • Provides hypothetical examples of illegality situations and suggests possible approaches to the resolution of disputes

New to the 5th edition

  • The seminal 2016 decision of the Supreme Court in Patel v Mirza is analysed and discussed throughout the book.
  • Notable decisions on illegality since the last edition, which also help to clarify the effects of Patel v Mirza, include Stoffel & Co v Grondona on mortgage fraud, Rashid v Nasrullah on adverse possession, Okedina v Chikale on immigration and employment law, and Gujra v Roath on conspiracy.
  • The very significant decision of the Supreme Court in Tillman v Egon Zehnder on the construction and severance of restraint of trade clauses is fully considered.
  • As well as analysing key UK decisions, the book addresses the latest and most important Commonwealth decisions 
 
Clarkson & Keating: Criminal Law: Text and Materials, 10th Edition

Clarkson and Keating: Criminal Law examines the main principles and rules of criminal law and explores the theoretical bases upon which they are founded in an easily digestible text. The work combines the best features of a standard “textbook” with those of a “cases and materials” book to provide guidance and direction on the law, whilst presenting a substantial amount of key primary material selected from a diversity of sources.

  • Includes extracts from cases and academic articles, carefully edited to make them accessible to students
  • Draws on non-legal contextual material to provide a social context to the law rather than a mere analysis of the rules
  • Examines the relationship between substantive criminal law and penology
  • Highlights how criminal law is inextricably linked to fundamental issues of moral philosophy and penology
  • Update to the law of dishonesty in theft and fraud in Ivey v Genting Casinos (UK) Ltd and R v Barton and Booth
  • New section on criminal damage to take account of the SQE curriculum
  • New section on developments to the law on coercive and controlling behaviour 
 
Cases and Materials on International Law, 9th Edition

Harris and Sivakumaran’s Cases & Materials on International Law, widely recognised as the leading text of its kind, is a stimulating and wide-ranging work. Designed to support students throughout their studies, Harris provides a sound basis for any public international law course through an extensive selection of extracts and background information supplemented by authoritative commentary and expert analysis.

  • Presents an extensive collection of cases, statutory provisions, recently published articles and comments designed to define, explain and illustrate the main principles of Public International law
  • The law is explained by means of extracts from cases, relevant materials and statutes. There are introductory sections and explanatory sections linking the cases and materials. Questions are used to assist readers think more deeply about the law and to highlight areas where the law is unclear.
  • Places the emphasis on the cases and materials, using text for introductory and explanatory purposes
  • Uses notes, questions and summaries to assist and stimulate students
  • Incorporates a wealth of important key case law
  • Includes coverage of the latest statutory developments 
 
Giliker: Tort, 7th Edition

What is Tort?
Tort is the law of civil wrongs. This means behaviour which the law regards as wrongful and which gives rise to a remedy of damages or other relief, such as an injunction. The most important tort is that of negligence. The tort of negligence protects those injured by a failure to take reasonable care by a person who owes them a duty of care. Other torts include nuisance, defamation, trespass to land, battery, assault, false imprisonment and misuse of private information.

Giliker's Tort law textbook presents an accessible and current picture of the law of torts and is ideal for those approaching the subject for the first time. The text succinctly covers all the major concepts in the law of torts and clearly illustrates how they work in practice by reference to the major cases in this field and the main statutory provisions.

The seventh edition covers key legislation and cases including significant Supreme Court decisions on the tort of negligence (Robinson v Chief Constable of West Yorkshire Police, Darnley v Croydon Health Services NHS Trust and Poole BC v GN), pure economic loss (Playboy Club London Ltd v Banca Nazionale del Lavoro SpA and Steel v NRAM Ltd), false imprisonment (R (Jalloh) v Secretary of State for the Home Department), defamation (Lachaux v Independent Print Ltd and Serafin v Malkiewicz) and the doctrine of vicarious liability (Armes v Nottinghamshire CC, Barclays Bank plc v Various Claimants and Wm Morrison Supermarkets plc v Various Claimants). It also considers the important privacy case of Richard v BBC and damages case of Whittington Hospital NHS Trust v XX.

Tort is an essential textbook for those studying law at degree or graduate diploma level. Its clarity and comprehensive coverage also make it an indispensable resource for those on modular or PGDL courses. 

 
Conflicts of Interest, 6th Edition

Conflicts of Interest provides authoritative guidance on the law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict. It explains in detail the current legal position in various professional sectors (lawyers, accountants, the City, directors, estate agents and insurance brokers). It helps the user avoid potential conflicts of interest and provides practical advice and remedies for ones that arise.

 
Dealing with Delay and Disruption on Construction Projects, 1st Edition

Dealing with Delay and Disruption on Construction Contracts provides construction lawyers with the understanding of how these topics can affect construction projects, how to plan for them and what to look out for when making claims. Led by a team of lawyers – with input from relevant experts – this title covers how the topic is dealt with in standard forms (such as FIDIC, JCT and NEC), as well as a variety of comparative jurisdictions.
  • Provides an understanding of how delay and disruption can affect construction projects, how to plan for them and what to look out for when making claims
  • Explains how to plan for delay and disruption during the procurement and drafting stage, covering how these topics are addressed in standard form contracts, including JCT, NEC and FIDIC
  • Combines coverage of both technical and legal aspects
  • Introduces the concepts of delay and disruption and the process of structuring claims, including discussion of extension of time (EOT) and concurrent delay
  • Provides an overview of delay methodologies and how compensation for prolongation is addressed, as well as quantification principles
  • Covers valuation methodologies and principals, as well as acceleration entitlement
  • Introduces disruption causation principles and quantification principles
  • Discusses the disruption methodologies of causation and quantification
  • Explains how to deal with delay & disruption subcontract claims, and employer claims, including liquidated damages
  • Describes the common procedural requirements for advancing delay & disruption claims
  • Covers how BIM and 4D animation can be used in presenting delay & disruption claims and analyses the tools needed to present a delay or disruption case at arbitration
  • Describes the issues that should be considered during contract negotiations such that disputes over delay & disruption can be avoided
  • Gives practical guidance on project management and covers the delay & disruption issues related to project finance
  • Authored by a team led by the Freshfields Dubai and London office, plus an assortment of technical experts
  • Also covers comparative law considerations throughout, covering 12 key jurisdictions, including UAE, UK, US, China and Germany.

 

 
Hollington on Shareholders' Rights, 9th Edition

Hollington on Shareholder's Rights provides guidance for readers on the statutory remedies for the protection of minority shareholders with coverage/guidance also of articles of association and shareholders' agreements; the fiduciary duties of directors; restrictions on the power of the majority under general principles of equity and the principles of partnership law (such as good faith) which have been adopted in company law.
 
The opportunity has been taken in the 9th Edition radically to re-organise the book: whilst the main focus remains on the statutory remedies for the protection of minority shareholders (i.e. unfair prejudice, winding up on the just and equitable basis, and derivative claims), the discussion of common law and equitable principles (including those borrowed from partnership law) which relate to their protection, as well as of the personal claims by shareholders, has been brought forward and expanded, resulting in substantial changes to the later main chapters on the statutory remedies.
 
The 9th Edition also brings the contents up-to-date with all the new case-law since the 8th edition.
Highlights are:
  • A multitude of UK cases on the meaning of duties of good faith in the law of contract, the implication of such duties and of fiduciary duties in relationships labelled “long-term” or “joint ventures”, and the application of these principles in the context of the statutory oppression remedies
  • Court of Appeal authority on the remedies available in the case of a breakdown of a relationship of trust and confidence in a quasi-partnership: Re Paramount Powders Ltd. [2019] EWCA Civ 1644 –the first occasion that the Court of Appeal has perhaps unwittingly reviewed fundamental principles since the leading House of Lords decision in O’Neill v Phillips [1999] 1 WLR 1092.
  • A string of cases on the issue whether a discount should be applied in valuing minority shareholdings. This issue has been recently addressed by the Privy Council, in a context other than the statutory oppression remedies, in its important decision in Shanda Games Ltd v Masonry Capital Investments Ltd [2020] UKPC 2.
  • The minority discount issue was also recently addressed by the Court of Appeal in Re Sprintroom Ltd. [2019] EWCA Civ 932, which is an important decision on a variety of issues, including costs, in unfair prejudice proceedings.

 

 
Medical Law and Ethics, 6th Edition

Medical Law and Ethics provides coverage of the major topics of medical law and ethics, combining detailed legal exposition and analysis with moral theory and philosophy. It considers the wider contextual pressures facing the law, such as the impact of patient consumerism and the changing perceptions of medicine.
 
New for the Sixth Edition
  • Data Protection Act 2018; Organ Donation (Deemed Consent) Act 2019; Mental Capacity (Amendment) Act 2019
  • 73 additional cases, including the end of life cases brought by Noel Conway and Phil Newby and on behalf of Ashya King, Charlie Gard and Alfie Evans
Medical Law and Ethics is an ideal textbook for undergraduate law students, those studying at postgraduate level and researchers. The text will also provide a useful supplementary reader to students studying Philosophy, Ethics and Medicine.
 
Winner of the 2010 Minty Medico-Legal Prize for best medico-legal book:

“Scholarly, comprehensive and well referenced, Shaun Pattinson’s style ensures that the book is eminently readable throughout. lt will be of value not only to readers with a specific interest in medical law, but also to those concerned about the legal and moral aspects of modern medical treatments.” 

 
McGee: Limitation Periods, 8th Edition (Mainwork & 1st Supplement)

Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its eighth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings. The book is designed to help bring an action in good time and remedy delays which may lead to striking out. The book covers European and international limitation issues.
 
The First Supplement to the Eighth Edition updates the text with important new case law, including:
  • Kimathi v Foreign Office - effect of transitional provisional in very old claims
  • Stage Coach East Midlands Trains Ltd - various aspects of the interrelationship between limitation and public law remedies.
  • Barton v Wright Hassall LLP - the effect of a stay of proceedings.
  • Liddle v Atha & Co - effect of delay in issuing caused by the court office
  • Cornell v Chief Constable of Greater Manchester - exercise of the s33 discretion.
  • Roberts v Soldiers, Sailors and Airmen and Families Association - the application of the Civil Liability (Contribution) Act 1978
  • Dera Commercial Estates v Derya Inc - effect of delay in arbitration cases.
  • Sixteen Ocean GmbH & Co KG v Societe Generale - economic duress does not amount to fraud for the purposes of s32
  • Gorton v McDermott Will and Emery LLP - whether to order a preliminary issue on limitation 
 
The Law of Evidence, 7th Edition

Dennis' The Law of Evidence provides thorough analysis of the law of evidence, while placing the subject within its theoretical context. The work goes beyond other textbooks to explain the intricacies of the law of evidence while still remaining easy to understand. The information is presented in a logical structure following on from the introduction of the basic concepts through to the exclusionary rules of the law of evidence.

Dennis offers an integrated approach to evidence which includes essential doctrinal analysis. It takes account of evidence theory, psychological research on information processing and retrieval, socio-legal work on police investigations, and jury research projects.

  • Offers comprehensive doctrinal analysis of all the major topics in evidence
  • Is written in a clear and accessible style
  • Contains extensive references to further reading
  • Presents an integrated approach which takes account of evidence theory, human rights jurisprudence, psychological research on human observation and memory, socio-legal work on police investigations, and jury research projects

The Law of Evidence is an ideal textbook for undergraduate students and those studying evidence at postgraduate level; and those on vocational courses such as the LPC and BPTC will find it an invaluable source of reference. 

 
Sinclair on Warranties and Indemnities on Share and Asset Sales 11th Edition

This practical text contains precedents and commentary on warranties and indemnities on share sales. It provides guidance for all parties – purchasers and vendors - who deal with a sale and purchase agreement (“sale agreement”) for either a company or business. Written for commercial lawyers, it is the only title to deal exclusively with this area.
 
New for the 11th edition
  • Substantial changes have been made in relation to IT and data protection warranties to reflect GDPR and this fast evolving area as the importance of IT to most companies increases.
  • New accounts warranties have been included to reflect the FRS regime and the decreasing relevance on most transactions of the historical SAAPs and FRS's that were relevant for financial periods prior to the 4th January 2015.
  • The tax warranties have been simplified and shortened to reflect the exclusion of esoteric areas that are not applicable to most transactions as well as reflecting legislative updates. The tax covenant reflects the continuing trend to start with a balanced draft rather than a purchaser bias version.
Other features
  • Provides precedents and commentary on warranties and indemnities on share sales
  • Provides guidance for all parties – purchasers and vendors - who have to deal with a sale and purchase agreement (“sale agreement”) for either a company or business.
  • For the purchasers’ solicitors, provides precedents of suitable warranties and indemnities from which a tailored draft can be prepared
  • For the vendors’ solicitors, provides guidance and commentaries with the precedents
  • Organised around precedents of clauses and documents, accompanied by extensive commentary
  • Arranged in a logical chronology
  • Covers the history and function of warranties and indemnities
  • Covers the various parties to a sale and purchase agreement
  • Covers the rights and liabilities that arise from a breach of warranty
  • Provides detailed consideration of tax, property and general warranties in a share sale
  • Covers the forms taken by tax deeds
  • Covers warranties, undertakings and indemnities requested by the purchaser
  • Covers completion accounts and valuation
  • Provides clearly-written commentary and guidance aimed to explicate clauses and their impact 
 
Arlidge and Parry on Fraud 6th Edition

Providing a complete guide to the law on fraud, Arlidge & Parry on Fraud sets out the basic principles and clarifies key terms. The work discusses and interprets the law offering strategic guidance to complex areas. In addition, it offers advice on presenting a fraud case, so that you can be sure you follow the correct procedures and avoid mistakes.
 
It includes relevant case law to ensure that you are fully up to speed with changes that have occurred and what they mean. What’s more, it explains the implications of each offence with examples of legislation and case law enabling you to build the strongest argument possible.
 
The work includes statutes, SI’s and reproduces sections of Acts where relevant, so that you have all the core statutory and related primary materials to hand. The user friendly format means that offences are dealt with in their own separate chapters. This makes it even easier for you to find the information you need quickly, saving you time and effort.
 
Written by respected experts in the field, Jonathan Fisher QC, HHJ Alexander Milne QC, Jane Bewsey QC and Andrew Herd, the work provides an invaluable source of information that will guide you through the complex area of the law on fraud.
 
The 6th edition features a new structure to help you navigate the offences considered, new chapters on Cybercrime, Parallel proceedings, the Procedure for Charging, Internal Corporate Fraud Investigations, International Assistance, Private/Public Sector Initiatives, Money Laundering and confiscation.
 
KEY FEATURES:
  • Provides a detailed account of the three kinds of fraud codified by the Fraud Act 2006
  • Gives a practical and detailed explanation of the prosecution of fraud cases, including the powers and obligations of the prosecuting authorities, the procedure of complex and serious fraud cases (including those involving multiple offences), and the issues arising from the case management of a lengthy trial
  • Sets out the elements of the crime and the mens rea standards for establishing fraud
  • Explains the multiplicity of statutes and common law under which fraudulent acts were prohibited prior to the commencement of the 2006 Act
  • Examines fraud in the context of a range of sectors, including insolvency, tax, social security and gambling
  • Details the statutory and common law offences of conspiracy to defraud, as well as the law of inchoate liability in relation to attempt and conspiracy
  • Looks at closely associated offences that may have been considered fraud, including fraudulent trading, theft, obtaining services dishonestly, forgery and false accounting.
  • Considers related offences likely to be charged in fraud case, including company fraud, investment fraud, bribery and price fixing
  • Addresses the international reach of courts in England and Wales with regard to offences committed wholly or partly in foreign jurisdictions
  • Undertakes a detailed analysis of the obligations of the prosecutor to disclose information
  • Presents the 2014 sentencing guidelines as they pertain to fraud offences, as well as the sentences which deviate from the guidelines
  • Explores the alternatives to prosecution, including civil recovery orders and deferred prosecution agreements
  • Considers the process involved in bringing a private prosecution, as well as the advantages and disadvantages of doing so in fraud cases
  • The Fraud Act 2006 is reproduced in full as an appendix, for ease of reference

 

 
Toulson & Phipps on Confidentiality 4th Edition

Confidentiality is a complex subject. In the Fourth edition of Toulson & Phipps on Confidentiality, Charles Phipps along with new editors William Harman and Simon Teasdale provides a comprehensive and authoritative combination of reference, analysis and procedure in relation to confidentiality across all relevant areas of law.
 
As a (very) small selection, the cases decided since the last edition include:
  • Saab v Dangate Consulting Ltd [2019] EWHC 1558 (Comm); [2019] P.N.L.R. 29, in which Cockerill J conducted a detailed analysis of several aspects of the public interest defence;
  • Richard v British Broadcasting Corporation [2018] EWHC 1837 (Ch); [2019] Ch. 169, in which Mann J held that a suspect had a reasonable expectation of privacy in relation to a police investigation;
  • Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which is now the leading case on access to court records; and
  • R (Bridges) v Chief Constable of South Wales [2019] EWHC 2341 (Admin), in which the Court of Appeal held that data would fall within the scope of the data protection regime if it identified someone by a process of “individuation” (notwithstanding their continued anonymity).
  • ABC v Telegraph Media Group Ltd [2018] EWCA Civ 2329, in which the Court of Appeal upheld “the important legitimate role played by non-disclosure agreements in the consensual settlement of disputes
KEY FEATURES:
  • Provides comprehensive guidance on the law of confidentiality.
  • Sets out the principles and foundations underlying the law of confidence, identifying the essential elements of the equitable cause of action.
  • Considers the widely varying circumstances in which duties of confidentiality may arise.
  • Analyses the nature of confidential information, distinguishing what can and what can’t be protected.
  • Discusses what counts as misuse of confidential information, and the different ways in which the unauthorised use of confidential information may be justified.
  • Examines the remedies which may be available for breach of confidence – both before and after the event.
  • Considers in detail the impact of privacy rights and the new tort of misuse of private information.
  • Summarises both the data protection and the freedom of information regimes, reviewing the principal case-law.
  • Examines the confidentiality issues that arise in a variety of professional and other relationships, including medical advisers, bankers, broadcasters and journalists, teachers, clergy, counsellors , mediators, employers & employees, police, and lawyers.
  • Illustrates how confidentiality operates within the legal process, with guidance on legal professional privilege, the without prejudice rule, and public interest immunity, as well as other forms of protection which are available to litigants.
  • Considers, in particular, how children’s confidentiality in the legal process is maintained.
  • Analyses the law of arbitral confidentiality.
  • Takes into account judicial decisions in other common law jurisdictions including, in particular, Canada, Australia and New Zealand.
  • Includes up-to-date case law which can be cited in court. 
 
Lewin on Trusts, 20th Edition

Lewin on Trusts, 20th Edition gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and regulation of trusts and trustees.
 
The new edition has been extensively re-organised and substantially expanded to take account of developments in the law, and decisions in England, as well as the old Commonwealth and all the main offshore jurisdictions.
 
New features:
  • A new chapter on trusts and divorce
  • A full conspectus on the “firewall” legislation in overseas jurisdictions protecting trusts from the application of foreign laws
  • The impact of the new data protection legislation (GDPR and the 2018 Act) on trusts
  • The effect of human rights legislation on the interpretation of trusts for children
  • An expanded treatment of the nature and effect of powers of the settlor concerning changes in the trusteeship and other matters
  • A revised analysis of the indemnity of outgoing trustees
  • Developments on priorities of claims on insolvent trusts and on their winding up
  • Coverage of mediation and other forms of ADR for trust disputes
  • Public and private hearings in, and confidentiality of, trust proceedings
  • Commentary and explanation of regulations about registration of beneficial ownership and on CRS, FATCA and DAC 6 reporting for trusts
  • An examination of unexplained wealth orders 
 
Treitel on The Law of Contract, 15th Edition

Treitel on the Law of Contract is recognised as the most thorough and discerning treatment of contract law. It is a widely adopted textbook for students and a valuable source of reference for practitioners. This new edition provides a clear and detailed analysis of an increasingly complex area of law.

  • Examines, and offers resolutions to, controversial and problematic points of law
  • Takes account of a number of cases in the Supreme Court including Arnold v Britton and Wood v Sureterm (interpretation), Marks & Spencer v BNP Paribas (implied terms), Patel v Mirza (illegality), Cavendish v Makdessi (penalties), and Morris-Garner v One Step (“negotiating damages”)
  • Also covers important developments in the Court of Appeal including FSHC Group Holdings v Glas Trust (rectification) and First Tower Trustees v CDS (Superstores International) (“non-reliance”) clauses
  • Incorporates the provisions of the Consumer Rights Act 2015 into the chapters affected

Treitel remains the most coherent, comprehensive and compelling analysis of contract law on the market. 

 
The White Book Service 2020, Volumes 1&2

The White Book contains the sources of law relating to the practice and procedures of the High Court and the County Court for the handling of civil litigation, subject to the Civil Procedure Rules (CPR), and is supplemented by substantial and comprehensive expert commentary. The White Book is relied upon by more judges and lawyers than any other legal text and is trusted for its authority and commentary.
 

This year’s White Book publishes when the United Kingdom is in the process of exiting the European Union, which will in due course amend the CPR and related legislation. All changes after the main work is published will be covered by way of supplements. 

 
Salinger on Factoring 6th Edition

Salinger on Factoring is renowned for its highly practical approach to the law and practice relating to factoring and invoice finance. It combines a clear understanding of the law with clear and concise guidance on its implementation. This title has been the trusted guide to this complex area of law for nearly 30 years providing a detailed examination of, and guide to, the legal issues that arise from domestic and international factoring.
  • A comprehensive guide to the law and practice relating to factoring and invoice finance
  • Discusses the various forms, uses, and methods by which factoring can help businesses
  • Looks at the origins and nature of modern factoring
  • Examines the use and misuse of factoring, the limitations on its use and its benefits
  • Looks at the relationship between the factor and debtors including normal collection procedures and legal remedies where collection procedures fail
  • Examines international factoring and discusses the special considerations relevant for international factors
  • Looks at the legal structure of factoring, the provisions of factoring agreements and the types of agreement commonly used
  • Considers conflicts with third parties
  • Examines set-off and the countervailing rights of the debtor
  • Considers the effect of insolvency upon the rights of the factor, client and debtor
  • Looks at the use of credit insurance and its potential effect on the terms of the factoring agreement and the policy of insurance
  • Includes a glossary of terms and a collection of sample documents

 

 
Hewitt on Joint Ventures 7th Edition

Hewitt on Joint Ventures 7th edition analyses a variety of transactions where two or more existing entities agree to establish and participate in a common enterprise or business-related activity. The main focus is on joint ventures using the medium of a joint venture company. The principal issues raised by a range of transactions are examined, outlining how such issues might be handled and setting out the relevant background law.
 
Hewitt on Joint Ventures has been described in the High Court as “a book edited by practitioners who specialise and have extensive experience in this area of commercial activity”. It is written in a clear and practical way, tailored for the practitioner and in-house counsel. It aims to provide detailed commercial guidance alongside a comprehensive review of relevant specialist areas of law, as well as useful checklists and precedents.
 
Coverage:
  • Provides in-depth examination of all aspects of joint ventures and a range of collaborative relationships
  • Covers the practicalities involved in the drafting, negotiating and setting up of joint ventures
  • Guides you through the planning stages of a joint venture or alliance
  • Identifies and examines the principal issues for joint venture parties, including: capital and funding; governance and management; minority investment and protection; deadlock and breakdown; duties between joint venture parties; transfers of shares; exit, termination and change; and disputes – mediation, litigation and arbitration
  • Sets out the relevant legal background
  • Suggests ways of dealing with issues that may arise
  • Includes a range of precedents and checklists, which also feature on a CD-rom for ease of use
  • Recognises the international nature of many JV agreements
  • Guides the reader through complex and specialist areas of a JV, with chapter by chapter coverage of tax planning; competition and regulatory controls, IP and technology, employment and accounting

New to this Edition Hewitt covers up-to-date reference to important case law in recent years affecting joint ventures, including case law developments regarding:

  • Good faith obligations
  • Exercise of contractual discretion
  • Default provisions and the law of penalties
  • Transfers of shares in breach of pre-emption rights
  • Duties of directors of joint venture companies
  • Remedies for minority shareholders
  • Parent company liability
Hewitt also covers the:
  • Increasing impact of laws relating to data protection and anti-bribery and corruption
  • Challenges affecting joint ventures with local parties in a number of key international jurisdictions (Brazil, China, India, Malaysia and United Arab Emirates) 
 
Snell's Equity, 34th Edition (Mainwork)

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.

Snell’s 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.
New to this edition:
  • Fiduciary chapter covers the Court of Appeal decisions in Sinclair v Versailles, FHR v Mankarious and also Ranson v Customer Systems, as well as Newey J’s judgment in Vivendi v Richards. The chapter also comments on the HCA judgment in Howard v Commissioner of Taxation, and the FCAFC decision in Grimaldi v Chameleon.
  • Chapters on security covers the Supreme Court decision in Szepietowski and the Court of Appeal decision in Khans v Chifuntwe.
  • The Supreme Court’s decision in FHR v Cedar Capital (on appeal from the Mankarious decision).
  • Updating of citations to reflect the consolidation in the Charities Act 2011.
  • The chapter on breach of trust is rewritten to include the effect of the Supreme Court decision in Williams v Central Bank of Nigeria which considers the effect of limitation on claims for dishonest assistance in breach of trust.
  • Coverage of Marley v Rawlings on rectification of wills
  • Implications of Coventry v Lawrence on the availability of injunctive relief for claims in nuisance.
  • Expansion of the Penalties and Forfeitures chapter due to significant recent developments.
  • More commentary added on promissory estoppel
  • Coverage of undue influence is expanded
  • Statutory changes brought about by the Trusts (Income and Capital) Act 2013 and the Inheritance and Trustees’ Powers Act 2014.

KEY FEATURES:

  • 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.
 
Foskett on Compromise, 9th Edition

A compromise is the settlement of a dispute by mutual concession. Generally speaking a compromise occurs most often in a private law context, which is to say in disputes between individuals and/or commercial entities. A compromise can emerge from negotiations either before or after the commencement of litigation or arbitration proceedings and whether or not facilitated by mediation.

The purpose of Foskett on Compromise is to provide practitioners with a comprehensive and authoritative analysis of the legal framework for the resolution of disputes and the practical implications of the process of settlement however that settlement is achieved and whether it is a dispute within a domestic jurisdiction or involves cross-border implications.
 
FEATURES: 
  • Provides authoritative guidance on the law of compromise.
  • Establishes the legal foundations of compromise and the essential requirements of a valid compromise.
  • Goes through the procedure of compromise, its machinery and methods, with particular attention to Part 36 of the CPR in connection with disputes resolved within England and Wales.
  • Considers the consequences of a compromise and the effects of a breach.
  • Examines the enforcement of a compromise and how a compromise is put into effect.
  • Explains the practice of challenging the validity of (or ‘impeaching’) a compromise in order to have it set aside.
  • Deals individually with different types of dispute, including: settlements in Chancery litigation; matrimonial, family and inheritance disputes; serious personal injury claims involving children or patients; employment contract disputes; disputes in administrative law; landlord and tenant, boundary, and construction disputes.
  • Includes analysis of the compromise of arbitrations, domestic and international, appeals and compromises achieved through all forms of ADR.
  • Discusses the proper role of legal advisers (whether barrister, solicitor or other appropriate representative) in the process of compromise, including consideration of skills, responsibilities, obligations and liabilities.
  • Covers insurance interests and compromise.
  • Offers guidance and advice throughout as to best practice, for example as to what professional ethics and responsibility require in various situations.
  • Covers all aspects of the settlement of international commercial disputes whether achieved with the assistance of mediation or otherwise.
New to this edition
  • A new chapter on the settlement of international commercial disputes including a detailed analysis of ‘The Singapore Convention’.
  • New guidance on early neutral evaluation in all cases and on mediation and toher forms of ADR generally
  • Updates on cases concerning the “without prejudice” privilege
  • Updates on cases concerning Tomlin Orders
  • Update on the court’s approach to Part 36 offers and the role of Calderbank offers in general civil litigation
  • In the matrimonial jurisdiction, consideration of the post-Radmacher cases (including the Court of Appeal decisions in Versteegh and Brack); new guidance on setting aside consent orders on grounds of non-disclosure following the Supreme Court decisions in Sharland and Gohil; new analysis of setting aside and rectification of orders on the basis of mistake; and, new guidance on set aside applications and appeals following the introduction of FPR 2010 r. 9.9A and PD9A
 
Privilege 4th Edition

The fourth edition of this highly practical book examines privilege in all its aspects in terms which will appeal to the practitioner and academic alike. The author's explanation of the subject is both detailed and analytical, providing the reader with a definitive, comprehensive and expertly written account.
  • Explains the law of legal advice and litigation privilege in all its aspects
  • Goes through the core principles of legal professional privilege, including its rationale and the nature of the right
  • Looks at what constitutes privilege
  • Identifies situations where privilege occurs
  • Examines the boundaries of privilege
  • Covers the circumstances when privilege is deemed to be lost
  • Considers in detail ‘advice privilege’ and ‘litigation privilege’, covering the essential elements of both, the distinction between the two and matters specific to each such as the client-lawyer relationship, confidential communications and third party communications for ‘advice privilege’, and legal proceedings, expert witnesses, witness statements, and criminal proceedings for ‘litigation proceedings’
  • Assesses whether a documentary communication which was not made in privileged circumstances can subsequently to subject to legal professional privilege
  • Deals with the consequences where the subject matter of a privileged communication is one in which two or more persons can establish a joint or common interest
  • Addresses the general principles underlying the ‘crime-fraud exception’’, how it applies in both civil and criminal proceedings and the grounds on which it can be invoked
  • Shows how a claim to privilege is made in civil litigation, when it can be challenged, the circumstances in which a court will exercise its right to inspect documents of which the claim to privilege is made and what happens when an order for production is made in respect of materials which are privileged in part only
  • Takes into account the without prejudice privilege and how it differs from legal professional privilege
  • Analyses key judgments which have established the principles of privilege

 

 
Boilerplate: Practical Clauses 8th Edition

This compendium of boilerplate clauses in common use also features detailed analytical commentary on each clause, together with advice on its application. The book also takes account of recent case law where applicable and comes with a CD-rom containing all the clauses for ease of access to readers.
  • Offers a comprehensive range of boilerplate clauses to use in situations encountered when drafting commercial agreements
  • Provides guidance on when and how to use each clauses of benefit both to the experienced and more novice draftsperson
  • Identifies and explains relevant legislation in relation to boilerplate clauses used in drafting
  • Incorporates references to key case law and assesses its implications
  • Provides alternative clauses/wording to best meet client requirements
  • Gives analysis of clauses so that the implications of their use are made explicit
  • All the clauses are also provided on a CD-rom for ease of use to readers
  • Covers all standard warranties
  • Covers exclusions of liability
  • Provides whole agreement and variation clauses
  • Gives clauses for contracting and the internet
  • Examines the impact of cloud computing on the obligation to safeguard confidential information

 

 
Hudson's Building and Engineering Contracts 14th Edition

Hudson’s Building and Engineering Contracts, 14th Edition, combines a well-established and much-trusted guide to the law around construction contracts with new cases, discussions and updates. An authority cited in court for more than a century, it provides in depth coverage of difficult and important construction problems based on long practical experience and on the learning of courts in many different jurisdictions.

KEY FEATURES:
  • An in-depth explanation and interpretation of the law relating to construction contracts
  • The issues arising from the provisions in common use in bespoke contracts and in all key standard construction contracts
  • The leading UK cases, significant and illuminating cases from commonwealth jurisdictions, and important decisions not reported elsewhere
  • Influential discussions of significant construction law problems
  • The ambiguities and technicalities often arising over interpretation and application of contracts

New to this 14th edition:

  • A reconsideration of the law on penalties since different jurisdictions have reacted to the House of Lords decision in Cavendish v Makdessi.
  • A revised analysis of the implied obligations of contractors and employers, including development of good faith obligations in the UK and elsewhere.
  • A new summary of insurance that is relevant to construction.
  • An extensive updating of adjudication cases in a dozen jurisdictions.
  • A new analysis of quality obligations.
  • A discussion of quantum meruit recovery on termination in the light of the High Court of Australia’s decision in Mann v Paterson.
 
Bullen & Leake & Jacob's Precedents of Pleadings 19th Edition

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice.
  • Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases
  • Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters)
  • Contains example claims and defences
  • Provides specific practical guidance backed up by legislative and case law developments on each precedent
  • Written by an expert team of over 60 barristers
The 19th edition fully reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. A whole raft of new case law is incorporated into the text, and existing precedents are amended and new ones included. The Introduction to the Work is fully revised and various chapters, such as Banking & Financial Services, Discrimination at Work & Harassment, Fraud, Immigration, Intellectual Property and Property have been fully revised and updated.
 
The commentary takes into account legislative updates such as:
  • Air Navigation Order 2016 and Air Navigation (Amendment) Order 2019 (drones)
  • Consumer Rights Act 2015
  • Damages for Bereavement (Variation of Sum) (England and Wales) Order 2013
  • Data Protection Act 2018 & Regulation (EU) 2016/679 (“the GDPR”)
  • Electronic Presentment of Instruments (Evidence of Payment and Compensation for Loss) Regulations 2018 (SI 2018/832)
  • Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (SI 2019/632)
  • Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (SI 2018/1253)
  • Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (SI 2018/135)
  • Insurance Act 2015
  • Intellectual Property (Unjustified Threats) Act 2017
  • Mortgage Credit Directive Order 2015 (SI 2015/910)
  • Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634)
  • Payment Services Regulations 2017 (SI 2017/752)
  • Policing and Crime Act 2017
  • Small Business, Enterprise and Employment Act 2015
  • Taking Control of Goods Regulations 2013 (SI 2013/1894); Taking Control of Goods (Fees) Regulations 2014 (SI 2014/1)
  • The Pubs Code etc. Regulations 2016 (SI 2016/790)
  • Third Parties (Rights against Insurers) Act 2010
  • Trade Union Act 2016
  • Trade Secrets (Enforcement etc) Regulations 2018 (SI 2018/597) 
 
Byles on Bills of Exchange and Cheques, 30th Edition

Byles on Bills of Exchange and Cheques is the essential reference guide to the regulation and use of payment instruments. Giving a detailed account of the law of bills of exchange, promissory notes and cheques, this classic text sets out the substantive and procedural law, as well as the application of the laws of principal and surety and insolvency to this context.

The new 30th edition incorporates legislative developments and recent caselaw from the UK and Commonwealth, as well as expanded discussion of set-offs.

  • Provides a detailed account of the laws and procedure governing the use of bills of exchange in the UK
  • Sets out the principles underlying the law of bills of exchange and cheques
  • Identifies the types of instruments and the relevant parties involved
  • Details a step-by-step analysis of the procedural law and relevant information for litigation.
  • Looks at the use of bills in international trade and the issues surrounding conflict of laws
  • Addresses the relevant duties of each party to the transaction and sets out the means by which the transaction is processed and discharged
  • Explains the liabilities and rights of the parties, including the liability of banks for breach of a mandate
  • Examines the relevance of the principle of Consideration for the contractual nature of the transactions
  • Considers the means by which a bill of exchange or cheque may be altered and the legal protections against forgeries
  • Undertakes a detailed analysis of the nature and operation of cheques, as distinct from other bills of exchange
  • Sets out the nature and legal issues with respect to promissory notes
  • Addresses the consequences of lost bills or cheques, and payments made in error
  • Considers the application of the laws of principal and surety, and insolvency law to the context of bills of exchange

 

 
Benjamin's Sale of Goods 10th Edition, 2nd Supplement

The 10th edition of Benjamin’s Sale of Goods provides comprehensive advice on case law and legislation regarding sale of goods in the UK and globally. First published in 1868, this title is a must-have purchase for commercial practitioners, academics and barristers.
 
Benjamin’s Sale of Goods leaves you safe in the knowledge you have the expert counsel to rely upon, even when faced with the most complex challenges.
The answers you need are at your fingertips, allowing you to find answers quickly and work with confidence.
 
The second supplement to the 10th edition of Benjamin’s Sale of Goods provides an update to the mainwork. First published in 1868, this title is a must-have purchase for commercial practitioners, academics and barristers. Benjamin’s Sale of Goods leaves you safe in the knowledge you have the expert counsel to rely upon, even when faced with the most complex challenges. The answers you need are at your fingertips, allowing you to find answers quickly and work with confidence.
 
 

 

 
Benjamin's Sale of Goods, 10Ed (Mainwork & 2nd Supp)

The 10th edition of Benjamin’s Sale of Goods provides comprehensive advice on case law and legislation regarding sale of goods in the UK and globally. First published in 1868, this title is a must-have purchase for commercial practitioners, academics and barristers.
 
Benjamin’s Sale of Goods leaves you safe in the knowledge you have the expert counsel to rely upon, even when faced with the most complex challenges.
The answers you need are at your fingertips, allowing you to find answers quickly and work with confidence.
 
The 10th edition takes in major changes to the law since the previous, most importantly:
  • The Res Cogitans case: a highly significant decision that means a supplier of goods reserves title to them pending payment, but permits the recipient to consume some or all of those goods before the property passes, then the contract is not one of sale at all. Benjamin’s Sale of Goods up-to-date new edition guides you through this case law and its implications for those working in this area.
  • The Consumer Rights Act: this extracts from the Sale of Goods Act all provisions that apply only to consumer sales and also in many but not all instances disapplies the Sale of Goods Act when the contract is a consumer sale. It is imperative for consumer lawyers to learn how to navigate between the two Acts, which makes the expert commentary you can rely upon in Benjamin’s Sale of Goods an absolute necessity, ensuring you get it right for your clients.
Key Features:
  • Comprehensive coverage which covers the needs of practitioners interested in all areas of sale of goods case law
  • Clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws
  • Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title's added values
  • Offers full treatment and analysis of the Consumer Rights Act 2015 as it affects sale of goods contracts
  • Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations
  • Sets out the nature and formation of the contract of sale
  • Includes discussion of unfair contract terms in commercial and consumer sales
  • Details the remedies available when disputes arise
  • Explains the implications of E-Commerce, including electronic contracts and payments
  • Examines the law on Letters of Credit
  • Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives
  • Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999
  • Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection
  • Provides authoritative discussion on conflict of laws
  • Examines the international scope of the subject, with chapters on overseas sales
  • Takes you through the laws relating to consumer protection
 
Misrepresentation, Mistake and Non-Disclosure 5th Edition

This title explains in detail the doctrines of misrepresentation, mistake and non-disclosure as they affect the validity of contracts. It analyses the consequences of each, focusing in particular on the remedies available to parties in each case.

KEY FEATURES:
  • Provides detailed guidance on how to tackle questions relating to misrepresentation, mistake and non-disclosure, whether at the stage of drafting contracts, or in resolving disputes over contracts affected by these issues.
  • In distinct sections, focuses on the nature of the defects in the formation of the contract as a result of misrepresentation, mistake and non-disclosure, and offers practical solutions.
  • Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation; exclusion and limitation of liability, and practice and procedure.
  • Details the remedies available in cases of misrepresentation and the requirements for each remedy: rescission of the contract; liability in tort (deceit and negligence); statutory liability; breach of contract.
  • Covers the different types of mistake that can affect the validity of a contract and the available remedies.
  • Explains the (exceptional) circumstances in which a party has a duty of disclosure in negotiating a contract, and the remedies for breach of the duty.
 
O'Hare & Browne: Civil Litigation 19th Edition

This book explains how the Civil Procedure Rules work in practice. The book covers the entire spectrum of civil litigation in a general and basic way. It provides a step-by-step guide through all stages of a civil action, from funding through to trial, costs, enforcement and appeals.
 
It is applicable to all civil litigation fee earners, barristers practising in civil litigation, trainee solicitors and barristers, and LPC (Legal Practice Course) and BPTC (Bar Professional Training Course) students and as such the market consists of students (though less so in recent years given an increase in student textbooks in this area), and new practitioners. It functions well as a transitional text offering more practical advice than a student textbook but still at a relatively basic level, making it useful for new practitioners, but perhaps less so for those more experienced who would likely go straight to the White Book for their information. Although it does not follow its exact structure, this book mirrors the White Book, and is cross-referenced to it. That is, rather than covering everything the White Book does, it picks out the parts of the Civil Procedure that the authors feel are most in need of additional guidance. It is therefore a complementary text to the White Book and serves as a feeder to it. The book is also an excellent refresher text.
 
By publishing every two years the authors are able to analyse and comment upon the changes as they evolve and bed down. This keeps the text fresh and topical, as it needs to be because the CPR is amended up to four times a year (and the White Book is supplemented in tandem).
 
FEATURES:
  • Provides a practical, comprehensive and detailed guide covering all areas of civil litigation in the High Court and County Court
  • Explains how the Civil Procedure Rules work in practice
  • Guides you through the procedure involved in any civil matter
  • Covers all stages of litigation in a logical sequence from pre-action to enforcement and appeals
  • Expert authors provide tactical and strategic advice, tips and solutions
  • Includes examples to help clarify what you need to do
  • Deals with costs and funding
  • Provides references to court forms and relevant rules
  • Refers to the Civil Procedure Rules and the White Book
  • Fully up to date with the latest legislative developments
  • Written in a concise and accessible narrative style, made easily navigable with helpful and frequent subheadings
NEW FOR the 19th edition:
  • There are new sections and discussions on:
  • Adjudications in the TCC
  • Shorter and Flexible Trial Schemes
  • Disclosure Pilot for the Business and Property Courts
  • Proportionality factors and how to apply them
  • Appointment of an Advocate to the Court
  • County Court powers on awarding interest catch-up with the High Court
  • The new CPR Rule 39.2 on public or private hearings
  • Proposals to increase the small claims track in PI claims

Plus a whole host of new case law. 

 
Colinvaux's Law of Insurance 12th Edition

Colinvaux’s 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 twelfth edition has been revised with new features:
  • The most recent and important UK decisions, including: Young v RSA [2019] CSOH 32 (disclosure under the Insurance Act 2015); Euro Pools v RSA [2019] EWCA Civ 808 (claims made policies); Equitas v MMI [2019] EWCA Civ 718 (utmost good faith and claims); and more.
  • The chapter on property insurance has been rewritten to take account of a series of important decisions from New Zealand on the measure of indemnity, including Sartex Quilts v Endurance [2019] EWHC 1103 (Comm).
  • Significant updates to the chapter on motor insurance in light of amendments to the Road Traffic Act 1988 with key rulings from both England and Europe, including R & S Pilling v UK Insurance [2019] UKSC 16, Cameron v Liverpool Victoria [2019] UKSC 6 and Motor Insurers Bureau v Lewis [2019] EWCA Civ 909.
  • Discussion of important cases from Australia and New Zealand, including: Delta Pty v Team Rock Anchors [2019] QCA 62 (settlement of liability claims); Onley v Catlin Syndicate [2018] FCAFC 119 (directors and officers insurance); Xu v IAG New Zealand [2019] NZSC 68 (assignment of property claims).
Other key features of the book include:
  • 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. 

 
Arlidge, Eady & Smith on Contempt 5Ed (Mainwork & 1st Supp)

Arlidge, Eady & Smith on Contempt is a comprehensive and authoritative commentary on the subject, explaining everything from the development of contempt, its origins in common law, its general principles, its various categories, and its statutory underpinnings (domestic and EU), through to the latest developments in this ever evolving area of law.
Since the last edition, there have been fundamental changes in the procedural landscape for contempt.
 
This supplement brings the work up to date to June 2019.
 
The 5th edition addresses, among many others, the following changes:
  • Committal and sequestration in the County Court and High Court are now governed by the new CPR 81 and its linked Practice Direction
  • The Practice Direction (Committal for Contempt: Open Court) (Senior Courts): [2015] 1 WLR 2192
  • The Criminal Procedure Rules 2015 make provision for committal in the criminal courts as well as for court reporting restriction orders
  • The continuing emphasis on open justice and transparency in the Family Court (as well as the Court of Protection), which has been reflected in the relevant parts of the Family Procedure Rules
  • The relevant sections of the current rules are all gathered together conveniently in the new edition as appendices. The importance of the procedural safeguards to be deployed in committal cases was again re-emphasised by the Court of Appeal in LL v Lord Chancellor [2017] EWCA Civ 237, the judgments in which were handed down on 10 April 2017, leaving time mainly just to note its significance.
  • The availability of public funding for those sought to be committed for contempt: Legal Aid, Sentencing and Punishment of Offenders Act 2012; the Criminal Legal Aid (General) Regs 2013; and the Criminal Legal Aid (Financial Resources) Regs 2013. Their application in the context of contempt has been addressed in important cases such as Re Ramet [2014] EWHC 56 (Fam) and Inplayer Ltd v Thorogood [2014] EWCA Civ 1511
  • The Law Commission in England & Wales has produced a number of reports and proposals on the subject, including on the abolition in this jurisdiction of “scandalising” as a form of contempt , which has been achieved by statute (although in Scotland the law of “murmuring” remains for the time being untouched). In New Zealand too there has been an Issues Paper from their law Commission which suggests that “scandalising” will probably be abolished there as being “untenable” in the modern New Zealand society. 
 
Arlidge, Eady & Smith on Contempt 5th Edition, 1st Supplement

Arlidge, Eady & Smith on Contempt is a comprehensive and authoritative commentary on the subject, explaining everything from the development of contempt, its origins in common law, its general principles, its various categories, and its statutory underpinnings (domestic and EU), through to the latest developments in this ever evolving area of law. Since the last edition, there have been fundamental changes in the procedural landscape for contempt.
 
This supplement brings the work up to date to June 2019.
 
The 5th edition addresses, among many others, the following changes:
  • Committal and sequestration in the County Court and High Court are now governed by the new CPR 81 and its linked Practice Direction
  • The Practice Direction (Committal for Contempt: Open Court) (Senior Courts): [2015] 1 WLR 2192
  • The Criminal Procedure Rules 2015 make provision for committal in the criminal courts as well as for court reporting restriction orders
  • The continuing emphasis on open justice and transparency in the Family Court (as well as the Court of Protection), which has been reflected in the relevant parts of the Family Procedure Rules
  • The relevant sections of the current rules are all gathered together conveniently in the new edition as appendices. The importance of the procedural safeguards to be deployed in committal cases was again re-emphasised by the Court of Appeal in LL v Lord Chancellor [2017] EWCA Civ 237, the judgments in which were handed down on 10 April 2017, leaving time mainly just to note its significance.
  • The availability of public funding for those sought to be committed for contempt: Legal Aid, Sentencing and Punishment of Offenders Act 2012; the Criminal Legal Aid (General) Regs 2013; and the Criminal Legal Aid (Financial Resources) Regs 2013. Their application in the context of contempt has been addressed in important cases such as Re Ramet [2014] EWHC 56 (Fam) and Inplayer Ltd v Thorogood [2014] EWCA Civ 1511
  • The Law Commission in England & Wales has produced a number of reports and proposals on the subject, including on the abolition in this jurisdiction of “scandalising” as a form of contempt , which has been achieved by statute (although in Scotland the law of “murmuring” remains for the time being untouched). In New Zealand too there has been an Issues Paper from their law Commission which suggests that “scandalising” will probably be abolished there as being “untenable” in the modern New Zealand society.
  • The Law Commission here has not yet produced its anticipated report on “contempt in the face”- Att-Gen v Davey; Att-Gen v Beard [2013] EWHC 2317
  • The topical and recurrent theme of juror misconduct has also been addressed by the Law Commission and the legislature. The offence of disclosing jury deliberations under s.8 of the Contempt of Court Act 1981 has been repealed and new offences have been introduced via s.20 of the Juries Act 1974.
  • A new offence has also been created to meet the problems of jurors carrying out independent research (especially on the internet) into the facts of their cases or into the character of the defendant(s) being tried.
  • There have been a number of cases involving alleged breaches by the media of the strict liability rule, as set out in ss.1 and 2 of the Contempt of Court Act 1981, and further analysis by the courts of these sensitive issues: Att-Gen v Times Newspapers [2012] EWHC 3195; Att-Gen v Associated Newspapers Ltd [2012] EWHC 2029; Att-Gen v Conde Nast [2015] EWHC 3322.
  • A further case has thrown more light on the somewhat vexed question of what is the appropriate mens rea for contempt outside the context of media publication: Sol-Gen v Cox [2016] EWHC 1241, where the court derived some help from the analysis in the Scottish case of Robertson and Gough v HMA [2007] HCJAC63.
  • Various further examples of penalties imposed by the courts and, in particular, in the context of the recurring theme of fraudulent claims for personal injury compensation. These follow on from the guidance given by the Supreme Court in Summers v Fairclough Homes Ltd [2012] 1 WLR 2004, to the effect that a custodial penalty will usually be appropriate.
  • The changes envisaged in ss.45 and 45A of the Youth Justice and Criminal Evidence Act 1999 were finally brought into effect in April 2013. The provisions of s.33 of the Children and Young Persons Act 1933, therefore, now only apply in civil and family cases. There remained continuing discrepancies and it was pointed out in Aitken v DPP [2015] EWHC 1079 that there may well be a need for yet further clarification by way of statute.
  • The need for the values of Articles 6 and 8 of the ECHR to be reconciled with the imperatives of open justice has again been addressed in a number of significant appellate decisions: A v BBC [2015] AC 588; Re Guardian News and Media Ltd [2015] 1 Cr App R4; R v Marine A [2014] 1 WLR 3326; and BBC v Roden [2015] IRLR 627.
  • The practical problems that can arise for judges, when trying to accommodate the needs of accredited journalists in the course of a trial, while also making provision for protecting national security, were illustrated in Guardian News & Media Ltd v R and Incedal [2016] EWCA Crim 11.
  • Chapter 9, on journalists’ sources, has been brought up to date to take account of recent thinking in judicial decisions such as Nagla v Latvia (2013) ECHR 668; Tillack v Belgium (2012) 55 EHRR 25; Keena v Ireland (29804/10); and R (Miranda) v Home Secretary [2014] 1 WLR 3140. But there is also consideration of the light thrown on the concept of journalistic “sources” in the Investigatory Powers Act.
  • The law of contempt has been described as “Protean”. Difficulties can be thrown up suddenly and unexpectedly in the course of any litigation, criminal or civil, It is thus useful to have available a text, and the relevant rules and precedents, to hand, in a single volume which attempts to cover the whole field – rather than being confined to one area of the law or category of disputes.
  • The Scottish chapter 16 has for this edition been revised and updated by Lord Eassie, who brings to bear in that specialist field many years of practical experience and scholarship.

 

 
Law and Practice of International Finance, The

The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic. It sets out complex products in simple terms, alongside providing practical guidance on the structuring of deals and agreements, negotiating points and sample precedents. Over 388 jurisdictions are surveyed, providing the broadest possible perspective on the international financial markets.

 
Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.