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Law of Guarantees 8th Edition

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

 
  • A comprehensive explanation of the law and practice of guarantees and surety
  • Provides detailed analysis of the statutory and contractual requirements relating to the law of guarantees.
  • Covers the applicable law in a wide range of contexts, including guarantees for loans, consumer credit, hire purchase, landlord and tenant, building contracts, commercial contracts, international commerce.
  • Examines the guarantors liability and rights against both creditors and debtors.
  • Explains the many different forms of contract and sets out the legal principles that underpin them.
  • Offers clear and extensive analysis of key judicial decisions arising from guarantee disputes.
  • Looks at the elements of a guarantee, its construction, and its enforcement .
  • Discusses revocation of contracts and discharge of the surety.
  • Addresses insolvency in relation to guarantees.
  • Includes a range of valuable precedents including Standard Form Bank Guarantee, On Demand Unconditional Performance Bond, and Bank Guarantee in Respect of Security for Costs.
  • Now in its eighth edition and frequently cited in court, this text is the leading work on guarantees.
  • Written by the leading experts in the field: the Hon Mrs Justice Geraldine Andrews and Richard Millett QC of Essex Court Chambers, joined in this edition by John Robb, also of Essex Court.
  • Appendices ensure that practitioners can quickly refer to extracts of key legislation, including: Statute of Frauds 1677, Bills of Exchange Act 1882, Consumer Credit Act 1974, Unfair Contract Terms Act 1977, Insolvency Act 1986, and the Companies Act 2006.
 
Chitty on Contracts, 34th Edition (Vols 1 & 2)

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

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

New developments include:

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

Key new case law covered:

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

 

 
Chitty on Contracts 34th Edition Volume 1

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

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

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

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

Other features of the title include:

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

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

The new edition includes the following:

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

Key Features:

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

The leading work on sexual offences, Rook Ward on Sexual Offences provides coverage of the most up to date legislation including the latest amendments to the Sexual Offences Act 2003 along with current practice and procedure. It is an essential tool for all those involved in prosecuting, defending and trying sexual offence cases, including lawyers, police and medical practitioners.
 
The 6th edition brings the work fully up to date with all the latest developments, including new chapters on image based sexual abuse, sexual offences in the military context, sexual offences in Scotland, sexual offences and violence as international crimes, and the assessment and rehabilitation of people convicted of sexual offences after sentencing.
 
Authored by a team of expert contributors led by HH Judge Peter Rook QC and Robert Ward CBE QC
 
 
 
McPherson & Keay's Law of Company Liquidation 5th Edition

This title discusses the legal considerations involved in company liquidation and addresses the various methods of winding-up. It covers the legal considerations to be taken into account in relation to creditors' petitions and miscellaneous other petitions. It explains provisional liquidation, analyzes the role and duties of the liquidator as well as the role of creditors, and addresses the distribution of a companys assets in both insolvent and solvent liquidations. It also provides guidance on investigations and examinations and discusses misconduct and prosecutions, as well as actions that can be taken by liquidators to recover assets and the international aspects of liquidations.
 
Key selling points
  • Examines the various means and modes by which a company can be wound-up, including in depth analysis at a general level of: creditors, court and members winding up procedures.
  • Includes a detailed examination of the effects of liquidation on the company, creditors, members, legal actions etc including an in-depth consideration of the stay that is created on proceedings when a company entering liquidation
  • Provides an extremely detailed analysis of actions that are available to liquidators, including those in relation to transactional avoidance, wrongful trading and breach of directors duties.
  • Explains the dissolution process and the restoration of companies that have been dissolved so that they might be liquidated
  • Provides a discussion of the international and cross-border elements of liquidation post Brexit, by consideration of the EU Insolvency Regulations and the UNCITRAL Model law.
New to this edition
  • It considers the effects of Brexit on liquidations and the issues that now confront liquidators both in English liquidations and those European liquidations where there is an English element.
  • Examines the effects of the Corporate Insolvency and Governance Act 2020 as far as it affects liquidations as well as the amendments made by the various subsequent regulations.
  • Discusses where appropriate parts of the Practice Direction: Insolvency Proceedings 2018 and its impact on liquidations.
  • Explains changes to the rules on preferential creditors and the re-introduction of a limited Crown priority effected by a combination of the Finance Act 2020 and the Insolvency Act 1986 (HMRC Debts: Priority on Insolvency) Regulations 2020
  • Provides new sections on: the respondents private information in the context of private examinations; applications to subject foreign residents to private examinations; effects of restoration following dissolution; special purpose appointment liquidators; the rule in Ex parte James.
  • Considers the latest leading appellate decisions affecting liquidations, including Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd (adjudication where a company is in insolvent liquidation), Joint Administrators of Lehman Brothers International (Europe) (in admin.) v HM Revenue and Customs Commissioners (statutory interest payable to creditors on their debts owed), Botleigh Grange Hotels Ltd v Revenue and Customs Commissioners (disputed debts on a petition), Bakhshiyeva v Sberbank of Russia; ; Re OJSV International Bank of Azerbaijan (cross-border insolvency), Chu v Lau (just and equitable winding-up petitions), Officeserve Technologies Ltd v Anthony-Mike and Ahmed v Ingram (void dispositions), Fakhry v Pagden (who may apply to remove a liquidator and restoration of dissolved companies), BTI 2014 LLC v Sequana SA (s.423 and duty to take into account creditors interests), Skandinaviska Enskilda Banken AB v Conway (avoidance provisions), Ezair v Conn (collection of company property and private examinations), JSC BTA Bank v Ablyazov (transactions defrauding creditors), Leon v Attorney-General (disclaimer and dissolution), Re Paramount Powders (UK) Ltd (petitions on just and equitable ground) and Re Peak Hotels and Resorts Ltd (invalidation of charges).
 
 
 
Cyber Risks Insurance Law and Practice, 1st Edition

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

The following extract is taken from the Foreword:

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

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


Key features:

  • Provides comprehensive guidance on the law of cyber risks insurance and its practical application.
  • Explains cyber risks exposures, cyber security assessment, and the insurance coverage necessary to protect you.
  • Sample exclusion clauses issued by the Lloyd’s Market Association, International Underwriting Association and other leading industry organisations.
  • Includes a selection of practical clauses on issues such as cyber non-aggregation, information technology hazards, terrorism, ransom, and cyber-attacks.
  • Takes a detailed look at cyber risks modelling, reinsurance and the underwriting of cyber risks.
  • Addresses first party coverage issues including those relevant to network security breaches.
  • Commentary on third party liability coverage including privacy and media liability issues.
  • Looks at silent cyber exposure, coverage and exclusions (e.g. CL380 and NMA2914/5) including property, construction, marine, and liability lines of insurance.
  • Covers cyber incidents, claims issues and the emergence of court disputes in this area – with comparative analysis of US cases.
  • Discusses the extent of cyber crime coverage including the crimes of extortion and fraudulent transfer of funds, among others.
  • Examines the GDPR regime and new procedural requirements for compliance as well as the criteria for data breach notification and for the insurability of fines.
  • Explains business interruption coverage and key issues such as gross profit and revenue, period of coverage, trends clauses, and extended reputation coverage.
  • Outlines the state of the standalone cyber insurance market along with the growing risks and future developments.
  • Written from a UK perspective with additional analysis of the most relevant US cases as well as the legal positions in Australia and New Zealand. 
 
Kerr & Hunter on Receivership and Administration, 21st Edition

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

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

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

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

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

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

The book includes the following further features, among others:

  • Across seventeen core chapters, the book presents a descriptive argument about the way in which the law regulates legal powers (or does not) based on their distinctive features, so as to explain why the law controls some powers but not others and why the law does not control other legal relations such as voting rights.
  • The book provides practical frameworks, in Chapters 3 to 5 and 8, for parties who are called on to exercise a power that has been granted to them under a contract or other instrument in order to assist them to exercise that power lawfully and in accordance with the terms in which the power is granted.
  • The book suggests, in Chapter 7, standard terms and language that parties may seek to include in contracts and other instruments so as to bring about distinct consequences when powers are granted by contracts and other instruments.
  • The book provides guidance, in Chapters 8 to 14, for parties who are participating in collective decision-making processes, such as shareholders voting in a general meeting and creditors voting on schemes of arrangement, restructuring plans, and voluntary arrangements.
  • The book surveys, in Chapter 15, the way in which the terms of a contract or instrument may be used to modify or exclude the remedies that are available at an interim or final stage and the content of those remedies.
  • The book provides practical guidance, in Chapter 17, for parties who seek interim remedies in the commercial sphere, with a particular focus on injunctions against shareholders to control or prevent the exercise of voting rights attaching to shares.
  • The book is principally concerned with the law of England and Wales, but it also draws on the laws of, in particular, Australia, Hong Kong, and the offshore territories in order to better explain and critique the law of England and Wales. The book is, therefore, likely to be helpful not only for practitioners in England and Wales, but for those practising in other common law jurisdictions where the law takes a similar form. 
 
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 
 
Construction Law, 13th Edition

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

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

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

 
Judicial Remedies in Public Law, 6th Edition

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

Judicial Remedies in Public Law will:

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

WHAT’S NEW

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

FEATURES

  • Provides a comprehensive guide to the remedies available to litigants in public law from the common remedies available in judicial review, remedies under the Human Rights Act 1998 for breach of Convention rights to those which are used less often, such as habeas corpus.
  • Deals with the current scope, procedure and practice of judicial review and other public law remedies.
  • Introductory sections consider the situations in which judicial review is available followed by chapters dealing with the legal consequences of a successful judicial review application.
  • Details the full range of remedies available, from prerogative remedies, declaratory relief (declaring what the legal position is or what the rights of the parties are), injunctions (injunctions may be used to stop a public body from acting unlawfully by exceeding its statutory public law powers) to habeas corpus.
  • Deals in full with the procedures for bringing a claim of judicial review under the Civil Procedure Rules and the Human Rights Act 1998.
  • Includes description and analysis of changes to public law and remedies as a result of the departure of the United Kingdom from the European Union and an analysis of the European Union (Withdrawal) Act 2018
  • Changes in practice and procedure, in relation to the rules on time-limits, costs capping orders, cross-examination and disclosure are covered
  • Provides analysis of the scope of the discretion of the court to refuse remedies.
  • Deals with the changes in relation to appeals and statutory applications in the planning field
  • Thorough and comprehensive legal analysis with an accessible approach is provided throughout
  • Practical treatment of the subject matters, outlining the relevant procedures from start to finish, guiding readers through the options at each stage
  • Written by a Court of Appeal Judge regarded as a leading authority on administrative law and judicial review. Prior to appointment as a judge, the author was a respected practitioner who was appointed a QC 2006 and, prior to practice, had been an academic lawyer.
  • Authoritative commentary which can be relied upon for accuracy and acumen 
 
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. 
 
Phipson on Evidence 19th Edition Mainwork and 2nd Supplement

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

Phipson on Evidence is the leading work on civil and criminal evidence. It examines in detail all aspects of the principles and procedures making up the law of evidence. Coverage includes the admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues.
The Second supplement to the Nineteenth edition brings the mainwork up-to-date by considering a number of important legal developments, including
  • the Governments recent statement that, in light of Covid, legislation will be passed to legalise the witnessing of wills by remote means e.g. via platforms such as Zoom or FaceTime;
  • the Court of Appeal decision in Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 where the Court upheld the first instance decision that legal advice privilege attaching to communications between a company and its solicitors, subsisted despite the company's subsequent dissolution;
  • the appellate decision in Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 in which the Court of Appeal considered the circumstances in which LPP could be overridden by statute;
  • Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 where the Supreme Court provided guidance as to the approach to be adopted towards evidence allegedly obtained by torture; and
  • Yam v UK [2020] ECHR 41, where the European Court of Human Rights rejected the applicants submission that in holding part of a murder trial in camera, the UK had breached Article 6 of the Convention.
And many more...
 
Key features:
  • Leading work and authority on civil and criminal evidence, frequently quoted in court
  • Written by a prominent team of expert authors, with excellent balance between leading practitioners and academics
  • Fully updates all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules
  • Examines in detail all aspects of the complex principles and procedures which make up the law of evidence including admission of evidence, evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses
  • Considers the burden and standard of proof
  • Discusses all aspects of good and bad character
  • Includes analysis of privilege and facts excluded by public policy
  • Examines hearsay in civil and criminal proceedings
  • Looks at the exclusion and inclusion of extrinsic evidence
  • Examines the judicial discretion to admit or exclude evidence
  • Considers a broad range of case law, including that of the Commonwealth
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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
 
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 
 
Internet Law and Regulation, 5th Edition

The new, fifth edition of Internet Law & Regulation is the long-awaited new edition of the leading title in its field. The title presents an analysis of key areas of internet law & regulation from a UK perspective. It is fully updated including recent developments relating to GDPR, the Investigatory Powers Act 2016, eIDAS, online intermediary liability, including site blocking injunctions and updated UK and EU case law across all chapters.

Internet Law and Regulation:

  • Takes a comparative approach to themes that have arisen in relation to the Internet, providing detailed coverage of English law
  • Provides guidance on areas of importance such as encryption, obscenity, freedom of speech, tax and competition law
  • Contains helpful, practical guidance for both legal and non-legal audience
  • Includes extensive intellectual property law coverage, including Copyright and Confidential Information, Patents, Trade Marks, and Domain Names
  • Contains dedicated chapters on Defamation, Data Protection, Internet Payments, Tax and Competition Law
  • Takes the reader through issues with liability including both content liability and protection, as well as enforcement and cross-border liability
  • Discusses both the Communications Regulation and the Broadcasting Regulation
  • Contains detailed analysis on online contracting and auctions; and statutory requirements and international contracts
  • Covers prohibited and regulated activities, such as computer misuse, offensive communications and online safety, pornography and sexual offences, contempt of court, gambling, pharmaceuticals, and advertising and promotional activities
  • Written by cyberlaw expert Graham Smith and a team of contributors from leading law firm Bird & Bird 
 
Benjamin's Sale of goods 11th Edition

GUIDANCE TO THE LAW OF SALE OF GOODS
Offering a one-stop source to all the elements, principles, legislation and case law surrounding sale of goods not just in the UK but internationally, Benjamin's Sale of Goods has firmly established itself as the only title you need on sale of goods.
Frequently cited in court, its depth and coverage make Benjamin an essential reference tool in your commercial law library.
NEW for this edition
For this edition, key new legislation and case law covered includes:
  • European Union (Withdrawal Agreement) Act 2020
  • Corporate Insolvency and Governance Act 2020
  • Consumer Protection (enforcement) (Amendment etc) Regulations 2019
  • AA v Persons Unknown (crypto-assets)
  • Natixis SA v Marex Financial (warehouse receipts)
  • JSC Antipinsky Refinery (property interests)
  • Wilson v Beko plc and Al-Iqra v DSG Retail Ltd (product liability)
  • Lintner v UniCredit Bank Hungary Zrt (consumer legislation and national courts)
  • Morris-Garner v One Step (Support) Ltd (negotiating damages)
  • Priyanka Shipping Ltd v Glory Bulk Carriers Ltd (injunctions)
  • Wilmar Trading Pte Ltd v Heroic Warrier Inc (The Bum Chin) (actions against carriers)
  • Mitsubishi Corp v Kyen Resources Pte Ltd (price action)
 
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Civil Fraud: Law, Practice & Procedure

Civil Fraud: Law, Practice and Procedure is designed to be the primary port of call for all practitioners conducting a civil fraud case. It deals with the subject in a comprehensive manner, combining in-depth legal analysis with a practical approach. The authors focus throughout on the real-life situations which litigants in this area regularly encounter and offer effective guidance on the complex practical and procedural issues which can arise.

The book starts with an examination of common factual and legal scenarios in a fraud case, which can be difficult to navigate even for the most experienced litigators. The remainder of the text develops the legal, practical and procedural issues flowing from such scenarios.

The authors, drawing on a wealth of experience in litigating fraud claims, bring together the disparate areas of the law that fall under the label “fraud”, from the substantive causes of action – common law, restitutionary and equitable claims and claims arising under statute – through to remedies.

The book provides a full and comprehensible treatment of the myriad procedural swords and shields which can be used in fraud litigation, including freezing orders, proprietary and other injunctions, search orders, receivership, ancillary orders and the increasingly-used contempt jurisdiction. It also considers the key international aspects of civil fraud litigation. This is a primary ‘single source’ point of reference which avoids the need to navigate a whole series of texts in a field where practitioners often work under considerable time pressure.

Civil Fraud: Law, Practice and Procedure works as a road map to take the practitioner from the moment of initial instructions through to a completed legal and practical analysis, whether at the various interlocutory stages, or at trial.

  • The book covers the types of claim that arise when a party has been the victim of fraudulent conduct
  • Presents a combination of an in-depth analysis of the relevant law, drawing on a wide variety of different causes of action and focused on the issues and problems which litigants encounter in practice
  • A practical guide to those procedural steps parties can take and the practical challenges they face
  • Gives full guidance on the competing legal principles and the potential future direction of the law
  • Advises on how best to approach common fraud factual scenarios
  • Investigates difficult or developing areas of law, such as in relation to proprietary claims or the principle of piercing the corporate veil
  • Offers guidance relevant to their case, whether this is in terms of the way in which a fraud case should be presented legally or how applications for early interim remedies should best be made or resisted
  • Guides the busy practitioner to help them translate the fact pattern with which they are presented in their instructions into the correct legal framework
  • Maps fact patterns commonly encountered into causes of action that might be pleaded and relief that might be sought in respect thereof and a mechanism which gives the reader a road map from factual instructions to completed legal analysis
  • Draws together the disparate areas of the law that “fraud” covers - encompassing breach of contract, tort, equitable claims and restitution, not to mention the international and procedural aspects with which the practitioner has to be familiar
  • Covers international litigation look at the practical mechanics of enforcing a civil fraud claim overseas - the gathering of evidence from overseas, overseas witnesses and enforcement of judgments overseas
 
Sale of Shares and Businesses Law, Practice and Agreements, 5th Edition

The 5th edition of Sale of Shares and Businesses provides a comprehensive guide to the acquisition of businesses in the UK, whether the acquisition is structured by way of a purchase of shares or a purchase of assets. This title includes comments and explanations on the main issues which arise on such transactions. In addition to commentary, precedents are included in paper and electronic formats.

Guidance for every sale of a business

  • Gives guidance on every part of the sale of business so you can make sure everything is covered and nothing is missed out
  • Helps you draw up agreements for every type of business client using examples drawn from all sizes of transactions from the sales of small business to multi-million pound deals
  • Helps you represent either the buyer and the seller
  • Goes through both sale of shares and the sale of assets so whichever way the business is being bought, you’ll have all the right advice and correctly drafted documents to give to your clients

Start to finish advice on the process

  • Covers pre-acquisition or disposal of a company so you can be fully prepared for negotiations over the sale of a business
  • Outlines the general principles of due diligence and in particular financial and legal due diligence helping you make sure the agreement for sale is based on a true reflection of the value of the business
  • Gives guidance on the key components of a sale agreement so you can draft and check your documents with confidence
  • Includes details on warranties and indemnities so you can ensure you have made provisions for the possible problems that may arise post-sale
  • Covers specialist areas for example, pensions, tax and employment law issues so you’ll be able to quickly find out what the law says on these areas, if they are relevant to the agreement in hand

Draft in line with current developments

  • Helps you ensure your agreements are in-line with the latest developments on company and commercial law.
  • Updates on the General Data Protection Regulation.
  • Shows how property and environmental issues may affect the sale of businesses

Full set of precedents included to save you time drafting

  • Includes a CD-ROM full of all the precedents related to the sale of a business including: acquisition agreements, board minutes and power of attorney precedents
  • Enables you to draft documents more quickly as it gives you precedents on CD-ROM to use as a basis for drafting, or to select the relevant clauses as you need them
  • Saves you time as you can easily find and copy the precedents and clauses you need from the CD-ROM into your own documents 
 
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.
 
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.” 

 
Contractual Duties Performance, Breach, Termination and Remedies, 3rd Edition

Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from three leading contract academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available.

Main features:

  • Part 1 covers rescission: firstly its principles and process are explained.
  • Explains each of the possible grounds for rescission, including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty.
  • Part 2 introduces the different types of breach and the terminology that governs them and explains strict and non-strict obligations.
  • Part 3 deals with discharge by impossibility, illegality or frustration.
  • Part 4 discusses remedies available, beginning with the right to sue for a debt and the limits to such an action, going on to cover damages, and then dealing in detail with specific enforcement.

It covers the structure of the law of damages, laying out the measures of award. In addition, it explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, ‘cost of cure’ and balance sheet calculation. There is also a chapter dedicated to agreed damages.

New to the 3rd edition:
Substantial case law updates, including numerous Supreme Court decisions, across all four key areas of the book since the last edition appeared in 2017 

 
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. 

 
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

 

 
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 
 
Expert Evidence: Law and Practice 5th Edition

A comprehensive guide to the law, practice and procedure relating to the admission of expert evidence in courts, tribunals, official enquiries and other proceedings, including arbitration. It gives detailed guidance to those involved in the pre-trial preparation of expert evidence or the presentation or questioning of it in court.
  • Covers expert evidence in both civil and criminal proceedings
  • Sets out general principles and deals with the application of those principles in specific contexts
  • Covers courts, tribunals, official enquiries and arbitration
  • Provides guidance for pre-trial preparation of expert evidence, including such issues as bias, privilege and confidentiality
  • Discusses when expert evidence can be used
  • Details methods of questioning expert evidence in court
  • Looks at the form and content of expert evidence, including that produced by machines, devices and other apparatus
  • Considers methods of proof, dealing with psychological and psychiatric evidence; land and building valuation; forensic sciences and techniques; actuarial, accountancy and market research; evidence with a mathematical element; and proof of foreign law
  • Deals individually with different fields of litigation: personal injury cases; construction claims; intellectual property; criminal sentencing; drink/driving offences; obscenity; and matrimonial and other proceedings involving children
  • Includes all important statutory provisions and rules, and extracts from relevant cases
  • Makes comparative reference to various other common law jurisdictions, including Scotland, Canada, USA, Australia, NZ and Ireland
  • Covers new developments including guidance on the use and admissibility of expert evidence in civil cases, guidance on the instruction of experts to give evidence in civil claims, a practice direction giving assistance to judges in criminal cases on the admissibility and weight to be attached to expert evidence, and a new interpretation of the test for the admissibility of expert evidence under CPR r. 35.1

 

 
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. 

 
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