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Charlesworth & Percy on Negligence 15th Edition

Untitled Document
Charlesworth Percy on Negligence offers unrivalled depth of analysis into the tort of negligence. The foremost guide to this complex area of the law, the book provides an exhaustive reference for practitioners and academics. Students and practitioners will find comprehensive and practical case law illustrations in relation to every point and an unparalleled analysis of Commonwealth authority.

Building on the excellence of previous editions, the 15th edition focuses on the considerable body of new case law that has emerged since the previous edition to name a few below:
In the Supreme Court
  • Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 examining the fundamental ingredients of the modern tort of negligence and the significance of the scope of a defendants duty of care in relation to issues of both duty and causation.
  • Khan v Meadows [2021] UKSC 21 consideration of the principles developed in Manchester Building Society in the context of a claim for clinical negligence.
  • Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 examining the principles underpinning the defence of illegality and the applicability of Patel v Mirza.
  • Stoffel v Grondona [2020] UKSC 42 considering the defence of illegality in a solicitors negligence claim.
  • Whittington Hospital NHS Trust v XX [2020] UKSC 14; [2021] A.C. 275 considering the applicability of the defence of illegality in the context of claim for commercial surrogacy.
  • WM Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12 assessing the factors central in determining the imposition of vicarious liability for criminal acts.
  • The Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1 discussing the over-exclusionary effect of the but for test of causation.
  • Okpabi v Royal Dutch Shell Plc [2021] UKSC 3 consideration of the situations in which a parent company can be liable for the tortious acts of its subsidiary.
In the Court of Appeal
  • Ford v Seymour-Williams [2021] EWCA Civ 1848 examining the ingredients required for a finding of liability pursuant to s.2(2) Animals Act 1980.
  • Blackpool Football Club Ltd v DSN [2021] EWCA Civ 1352 application of the principles of vicarious liability in relation to the actions of an unpaid football scout.
  • The Trustees of the Barry Congregation of Jehovahs Witnesses v BXB [2021] EWCA Civ 356 examining the principles of vicarious liability in the context of a claim for assault.
  • The White Lion Hotel v James [2021] EWCA Civ 31 examining the extent to which the voluntary taking of an obvious risk can amount to a defence under the Occupiers Liability Act 1957.
  • Schembri v Marshall [2020] EWCA Civ 358 reviewing the role of statistics when determining causation in a clinical negligence claim.
  • Al-Najar v Cumberland Hotel (London) Ltd [2020] EWCA Civ 1716 considering the extent of an occupiers duty to prevent trespassers committing acts of violence.
  • Large v Hart [2021] EWCA Civ 24 assessing the application of the SAAMCO principles to a surveyors negligence claim.
  • Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 considering the application of SAAMCO principles to a negligent audit.
  • Jalla v Shell International Trading Shipping Co [2021] EWCA Civ 63 considering the principles applicable to Rylands v Fletcher liability for damage resulting from a single escape.

 
Oil & Gas Contracts 3rd Edition

A handbook covering the law of upstream, midstream and downstream petroleum contracts.
  • Covers standard industry documents providing the legal framework for upstream, midstream and downstream petroleum contracts, with accompanying commentary on their application to energy transactions and related matters
  • Looks at issues relating to mineral laws, including licences, and host government and inter-governmental agreements
  • Examines preliminary participation contracts, including agreements and concessions relating to confidentiality, area of mutual interest, joint study, joint bidding and joint wells; data trade and sharing contracts; and enforceability of reasonable endeavour and best endeavour covenants
  • Assesses model form joint operating agreements, including contents, accounting procedure, and trust deeds
  • Examines drilling, procurement and services contracts
  • Discusses the principles of unitisation and unitisation agreements, and considers pooling and other joint development options, pre-unit agreements, UUOA and JOA relationships, principles of petroleum lifting and commingling, balancing agreements, title interests, allocation and attribution/substitution agreements
  • Advises on petroleum management contracts including those for provision of petroleum processing and operational services; third party access to infrastructure, project structures for gas liquefaction and LNG regasification, contracts for terminal access and provision of services
  • Deals with oil, gas and LNG sales contracts dealing in detail with their respective terms
  • Goes through shipping contracts, including ship leasing, time and voyage charter-party terms, contracts of affreightment and bills of lading
  • Addresses pipeline transportation contracts, looking at the transporter and shipper perspectives, pipeline system rules, sales and transportation contract interfaces, cross-border pipeline investment protection, agreements for pipeline crossing, proximity and tie-in, and pipeline capacity management agreements
  • Extends coverage to interest sale and purchase contracts, including asset exchange contracts, farm out and earn out agreements, addressing pre-emption, due diligence, representations and warranties
  • Features decommissioning and security contracts
  • Includes contractual clauses for the construction of petroleum infrastructure
  • Examines corporate and project finance agreements, taking into account contingent consideration, royalty deeds, volumetric production payments, reserves based lending agreements, debt prioritisation and security interests
  • Examines options for the negotiated, arbitration and judicial resolution of disputes involving oil and gas contracts and projects, including governing law and jurisdiction provisions
  • Covers dispute resolution
  • Edited by leading oil and gas lawyer Peter Roberts and written by a team of expert contributors from the OG sector
New to the 3rd edition include dedicated chapters on Petroleum Royalty Agreements and Environmental, Social, and Governance (ESG) Provisions.

 
The Law of Private Equity Funds 1st edition

The Law of Private Equity Funds: A Global Perspective is a comprehensive guide to the law concerning the structure, management and operation of private equity funds on a global basis. This title is concise, highly readable and practical in approach, and the first of its kind to be published.

This title addresses important topics such as the typical structure of United Kingdom and United States private equity funds, the principal terms of a private equity fund, the legal regimes which govern private equity funds in most of the main offshore and onshore fund domiciles in Asia, Europe and the United States, and an overview of the principal UK and United States regulatory considerations for private equity funds.

The Law of Private Equity Funds is a mine of information for lawyers in private practice, general counsel and those who are merely curious about this complex industry which now commands so much attention from investors, governments and regulatory authorities worldwide. Key chapters include:
  • The typical structure of English and United States private equity funds
  • The principal terms of a private equity fund
  • The regime enshrined in the Alternative Investment Fund Managers Directive
  • The regime which governs private equity funds in jurisdictions such as the Cayman Islands, China, England, Guernsey, Hong Kong, Ireland, Luxembourg and Singapore
  • UK public policy considerations which are relevant to private equity funds
 
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.
 
Terrell on the Law of Patents 19th Edition, Mainwork + Supplement

Now in its nineteenth edition, Terrell on the Law of Patents has been the authority on UK patent law for over 135 years. It provides the most detailed and authoritative commentary on law, practice, and procedure comprehensively covering every stage from application to infringement.

This second cumulative supplement brings you up to date with all the latest developments in UK patent law over the past year, with commentary on recent case decisions and legislative changes.

It includes advice on the fundamental aspects of patent law as well as more specialist issues such as FRAND, SPCs and licenses. The text is updated by a team of intellectual property specialists from Three New Square headed by Sir Colin Birss to provide you with dependable insight and expert analysis. Regularly cited in court and supplemented annually, Terrell continues to set the standard by which others are compared and is your essential reference on patent law.
  • Rigorous analysis of the most significant case law from all levels of the UK Courts, the European Patent Office, the UK Patent Office, and the Appeals Boards.
  • Detailed explanations of the application process for UK national patents and European patents.
  • Addresses the issue of entitlement and answers the key questions: who may apply for a patent and who may be granted a patent?
  • Applying for a supplementary protection certificate, the conditions for granting SPCs, and their effects.
  • FRAND licensing, undertakings, and the nature and scope of obligations.
  • Outlines the grounds for revocation as defined by the Patents Act 1977.
  • Different types of invalidity including lack of novelty, obviousness, and insufficiency.
  • Clarifies the principles of patent infringement to ascertain whether or not there has been an infringement, as well as outlining statutory exceptions and other defences.
  • Discusses actions for infringement and looks at the parties involved, claims forms, trial procedure, and remedies.
  • Covers the procedural requirements of the Unified Patent Court and case management process in the Intellectual Property Enterprise Court.
  • Analyses second medical use claims, human genome sciences, and central amendments to patents.
  • Explains compulsory licenses and licenses of right.
  • Includes relevant statutory material as well as sample precedents and pleadings.

 
Terrell on the Law of Patents 19th Edition, 2nd Supplement

Now in its nineteenth edition, Terrell on the Law of Patents has been the authority on UK patent law for over 135 years. It provides the most detailed and authoritative commentary on law, practice, and procedure comprehensively covering every stage from application to infringement.

This second cumulative supplement brings you up to date with all the latest developments in UK patent law over the past year, with commentary on recent case decisions and legislative changes.

It includes advice on the fundamental aspects of patent law as well as more specialist issues such as FRAND, SPCs and licenses. The text is updated by a team of intellectual property specialists from Three New Square headed by Sir Colin Birss to provide you with dependable insight and expert analysis. Regularly cited in court and supplemented annually, Terrell continues to set the standard by which others are compared and is your essential reference on patent law.
  • Rigorous analysis of the most significant case law from all levels of the UK Courts, the European Patent Office, the UK Patent Office, and the Appeals Boards.
  • Detailed explanations of the application process for UK national patents and European patents.
  • Addresses the issue of entitlement and answers the key questions: who may apply for a patent and who may be granted a patent?
  • Applying for a supplementary protection certificate, the conditions for granting SPCs, and their effects.
  • FRAND licensing, undertakings, and the nature and scope of obligations.
  • Outlines the grounds for revocation as defined by the Patents Act 1977.
  • Different types of invalidity including lack of novelty, obviousness, and insufficiency.
  • Clarifies the principles of patent infringement to ascertain whether or not there has been an infringement, as well as outlining statutory exceptions and other defences.
  • Discusses actions for infringement and looks at the parties involved, claims forms, trial procedure, and remedies.
  • Covers the procedural requirements of the Unified Patent Court and case management process in the Intellectual Property Enterprise Court.
  • Analyses second medical use claims, human genome sciences, and central amendments to patents.
  • Explains compulsory licenses and licenses of right.
  • Includes relevant statutory material as well as sample precedents and pleadings.

 
Gatley on Libel and Slander 13th Edition

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

 
This new edition comes at a key time. The work has been comprehensively updated and restructured to provide a thorough examination of the Supreme Court decision in Lachaux v Independent Print Ltd – a landmark defamation case addressing the definition of “serious harm” in the Defamation Act 2013.
 
In addition to providing detailed commentary and expert analysis of the substantive law, it offers comprehensive guidance on the procedural aspects of bringing an action. This advice is complemented with example forms and precedents for issuing proceedings and summaries of key damages awards, making it both a practical and authoritative reference.
 
  • The authority on the law of defamation with expert analysis of the law and all significant developments in libel and slander, malicious falsehood and privacy.
  • Detailed coverage of the relevant procedure for practising defamation law – serving as a one-stop reference at every stage of an action.
  • Examines the defamatory statement including slanders actionable, publication, identifying the person defamed and addresses the question: who may sue or be sued?
  • Looks at the various available remedies including compensatory, aggravated and exemplary damages.
  • Commentary on related causes of action such as malicious falsehood, misuse of private information and other causes arising from statements.
  • Explores available defences with discussion of honest comment, absolute and qualified privilege, publication in public interest and more.
  • Comprehensive examination of the procedure for bringing an action from interim injunctions and particulars of claim to counterclaims, apologies, the trial and appeals.
  • Relevant cases from other jurisdictions with commentary on their relevance to UK law and procedure, including decisions from Canada, Australia and New Zealand.
  • Discusses the jurisprudence of the European Court of Human Rights and the continuing effect of the Human Rights Act on defamation law.
  • Provides forms and precedents for issuing proceedings, statements of case and settlement and reproduces relevant excerpts of key statutes.
  • Includes an appendix with summaries of important libel awards.
Please note that the print and eBook publication dates will not always match.
 
 
Children's Hearings in Scotland 4th Edition

This essential title has long been the most comprehensive examination of all the rules in primary and secondary legislation relating to childrens hearings in Scotland.
The book is a step-by-step procedural guide to the entire system, from the bringing of the child to an initial hearing, through procedure at the hearing itself, to potential outcomes and appeals. Our expert author, Professor Norrie, deals in detail with the mechanisms for challenging grounds of referral before the Sheriff Court, Sheriff Appeal Court and the Court of Session.
The combination of extensive coverage and academic insight alongside practical guidance on recognised situations ensures that this is the complete resource for legal practitioners, local authorities, childrens reporters and panel members.

 
Benjamin's Sale of Goods 11th Edition, 1st Supplement

GUIDANCE TO THE LAW OF SALE OF GOODS
Offering a one-stop source to all the elements, principles, legislation and case law surrounding sale of goods not just in the UK but internationally, Benjamin's Sale of Goods has firmly established itself as the only title you need on sale of goods.
Frequently cited in court, its depth and coverage make Benjamin an essential reference tool in your commercial law library.
The first supplement to the eleventh edition of Benjamins Sale of Goods brings the main work up to date with the latest developments. The key new case law and legislation covered includes:
  • European Union (Withdrawal Agreement) Act 2020
  • European Union (Future Relationship) Act 2020
  • Corporate Insolvency and Governance Act 2020 (corporate rescue and contract termination)
  • Lehman Brothers International (Europe) v Exofix Partners llp (fundamental impossibility and restitution)
  • Gregor Fisken v Carl (delivery; passing of property in compound goods)
  • Triplepoint Technology Inc v PTT Public Co Ltd (liquidated damages and contract termination)
  • CIS General Insurance Ltd v IBM United Kingdom Ltd (equitable set-off and contract termination)
  • BP Oil International v Vega Petroleum Ltd (f.o.b. and free into pipeline (f.i.p.) contracts; restitution)
  • A v B (The Tai Hunter) (f.o.b. nomination of vessel)
  • Shanghai Shipyard co Ltd v Reignwood International Investment (Group) Co Ltd (performance guarantees)
  • Enka Insaat Ve Sanayi SA v OOO Insurance Co Chubb (choice of law and arbitration agreement)
 
Jackson & Powell on Professional Liability 9th Edition

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

 
Key features
  • Examines the nature of professional liability
  • Deals with subjects of general application and delves into specific professions
  • Discusses the difference between tortious liability and contractual liability
  • Considers the duties and obligations of a professional including positive duties and restrictions
  • •Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience
  • Discusses changes in the standard required by professional
  • Explains the nature of a fiduciary duty including unauthorised profits and undue influence
  • Discusses the origins of the duty of confidentiality including the continuing duty to former clients
  • Differentiates between limitation in contract, tort and equity
The new edition addresses all key developments and case law that have evolved since publication of the 4th Supplement to the 8th edition in December 2020. It includes the following significant new cases and developments, including the following:
  • Insurance. In Lord Bishop of Leeds v Dixon Coles & Gill the Court of Appeal gave further guidance in relation to aggregation. It held that liabilities to different clients arising from thefts from the insured firm’s client account by a partner should not be aggregated as they did not arise out of a series of related acts or omissions.
  • Scope of duty. The decisions of the Supreme Court in Manchester Building Society v Grant Thornton UK LLP, an accountants’ case, and Meadows v Khan, a medical case, provide significant guidance and refinement of the scope of duty principle, concentrating on the purpose of the advice objectively construed. This is relevant to claims against most professionals.
  • Surveyors. In Hart v Large the Court of Appeal upheld a decision that a negligent surveyor was liable for the difference in value between the purchase price and the actual value of the property with all the defects, including latent defects, as his advice should have advised that there were risks which could not be assessed.
  • Lawyers: In Harcus Sinclair llp v Your Lawyers Ltd the Supreme Court has for the first time reviewed the law on solicitors’ undertakings. It has provided significant further guidance on the questions to be asked to determine whether an undertaking was given as a solicitor.
  • Financial practitioners. Adams v Options SIPP UK LLP has significant ramifications for execution only SIPP providers. The Court of Appeal reviewed earlier High Court authority to the effect that the giving of mere information may constitute advice where the provision of information is itself the product of a selection process involving a value judgment.
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Scrutton on Charterparties and Bills of Lading 24th Edition, 1st Supplement

First published in 1886, Scrutton has provided a first port of call for research when drafting contracts or dealing with disputes for generations. The book is the leading analysis of general principles in the fields of time charters, voyage charters and demise charters. It covers charterparties role as a key form of commercial contract, from the initial construction of the contract, through the rights and liabilities it confers, terms, agency and performance.
Included in the 1st supplement to the 24th edition are the following updates:
  • The impact of the departure of the United Kingdom from the European Union is covered by significant amendments to chapter 21 on jurisdiction.
  • A discussion of the Law Commissions proposals for reforming the law relating to electronic trade documents.
As well as discussion of, among others, the following key cases:
  • The decision of the Supreme Court in Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] UKSC 40 on economic duress.
  • The relevance of passage plans to the shipowners obligations as to seaworthiness (Alize 1954 v Allianz Elementar Verischerungs AG (The CMA CGM Libra) [2020] EWCA Civ 293)and more recently [2021] UKSC
  • The issue of who makes what representations to whom when a draft bill of lading is presented to a master for signature (Noble Chartering Inc v Priminds Shipping Hong Kong Ltd (The Tai Prize) [2021] EWCA Civ 87)
  • The perennial issue of which charterparty terms are incorporated into a bill of lading (Herculito Maritime Ltd v Gunvor International BV (The Polar) [2020] EWHC 3318 (Comm)).
  • And an answer on the long-debated issue of whether demurrage liquidates all loss flowing from the failure to load or discharge in the laydays, or only that arising from the detention of the ship (K Line v Priminds (The Eternal Bliss) [2020] EWHC 2373 (Comm) now reported at [2021] EWCA Civ 1712).

 
Snell's Equity 34th Edition, 2nd Edition

Snell's Equity provides in-depth commentary and analysis of the law of equity and offers interpretation of how the different rules can be applied to property (trusts, assets, securities). It is the most comprehensive book on this subject and is frequently cited in court.

Snells Equity:
  • Examines the nature and maxims of equity.
  • Wide coverage from historical tradition to modern developments
  • Interprets the principles and their application in different modern situations
  • Considers all new legislative and case developments
  • Covers the three main substantive fields of equity jurisdiction: trusts, the administration of assets and securities, particularly mortgages.
  • Takes into account the growing application of trusts and fiduciary obligations in commercial contexts
  • Clear narrative with logical progression of principles and definitions to application in practice and remedies.
 
Keating on NEC 2nd Edition

With the publication of the NEC4 contract, David Thomas and the team at Keating Chambers provide analysis of both NEC3 as it is used in practice, as well as a commentary on the changes introduced by NEC4, giving readers guidance on how to draft and use these contracts.

Features:
  • Provides commentary on the two key NEC contracts: the Engineering and Construction Contract (ECC) and the Professional Services Contract (PSC)
  • Reproduces clauses and provides clause-by-clause commentary explaining how the contracts are intended to operate
  • Highlights ambiguities and questions of interpretation that arise and makes reference to relevant case law.
  • Written by leading barristers experienced in advising on NEC contracts.
  • Delivered in a clear, practical style.
New to edition:
  • Provides commentary on NEC4 clauses, alongside those of NEC3, so that comparisons can be easily made

 
Copinger and Skone James on Copyright 18th Edition, Mainwork + Supplement

A leading text in its field, Copinger Skone James on Copyright offers thorough and comprehensive coverage of the main aspects of copyright and connected rights.This First Supplement to the 18th edition has been extensively rewritten to take account of the latest legislative and case law developments. The title takes a subject by subject approach to take you through Copyright, Rights in Performances, Rights in Designs, Moral Rights and a variety of Miscellaneous Rights.
New to the First Supplement to the 18th edition:
The consequences of Brexit, including:
  • The various amendments to the CDPA 1988 taking effect on 31 December 2020, including in relation to qualification for protection and copyright exceptions.
  • Tunein Inc v Warner Music UK Ltd [2021] EWCA Civ 441: treatment of EU case law following 31 December 2020.
Important new cases:
  • HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273(Ch) on originality and the discretion not to enforce copyright, and on fair dealing.
  • Martin v Kogan [2021] EWHC 24(Ch) on originality of dramatic works.
  • Case C-147/19 Atresmedia Corporacin de Medios de Comunicacn S.A. v Asociacn de Gestin de Derechos Intelectuales (AGEDI) on sound recording protection.
  • Case C-13/20 Top System SA v Belgian State on the decompilation of computer programs.
  • Tunein Inc v Warner Music UK Ltd [2021] EWCA Civ 441 on infringement by authorisation.
  • Case C-147/19 Atresmedia Atresmedia Corporacin de Medios de Comunicacin S.A. v Asociacin de Gestin de Derechos Intelectuales (AGEDI), Artistas Intrpretes o Ejecutantes, Sociedad de Gestin de Espaa (AIE) and Case C-265/19 Recorded Artists Actors Performers Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd and Others, both on the scope of the Rental Directive.
  • Case C-762/19 Online Latvia - SIA CV-Online Latvia v SIA Melons on the scope of the Database Directive.
  • Case C-833/28 Brompton Bicycle Ltd - SI and Brompton Bicycle Ltd v Chedech/Get2Get [2020] E.C.D.R. 18; Case C-597/19 M.I.C.M. Mircom - MICM Mircom International Content Management Consulting Ltd Defendant v Telenet BVBA; Case C-637/19602 BY/CX; Case C-392/19 VG Bild-Kunst - VG Bild-Kunst v Stiftung Preuischer Kulturbesitz [2021] E.C.D.R. 9; Case C-682/18 and C-683/18[1] Peterson/Elsevier v Google/YouTube - Joined Cases Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc v Cyando AG [2021] ECDR 13, all on the scope of the Information Society Directive.Case C-372/19 SABAM Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v Weareone.World BVBA, Wecandance NV, on the scope of the Collective Management Directive.
  • Case C-18/18 Glawischnig-Piesczek v Facebook Ireland Limited - Eva Glawischnig-Piesczek v Facebook Ireland Limited, on the E-Commerce Directive.An update on the new EU directives: Online Broadcasts (NetCab) Directive 2019 and the Copyright in the Digital Single Market 2019, and the pending decision on the legality of its provisions: Case C-401/19 Republic of Poland v European Parliament.Chapter 7 includes a comprehensive review of the discussion relating to communication to the public to reflect the important decision of the Court of Appeal in Warner Music v TuneIn.
 
Copinger and Skone James on Copyright 18th Edition, 1st Supplement

A leading text in its field, Copinger Skone James on Copyright offers thorough and comprehensive coverage of the main aspects of copyright and connected rights.This First Supplement to the 18th edition has been extensively rewritten to take account of the latest legislative and case law developments. The title takes a subject by subject approach to take you through Copyright, Rights in Performances, Rights in Designs, Moral Rights and a variety of Miscellaneous Rights.
New to the First Supplement to the 18th edition:
The consequences of Brexit, including:
  • The various amendments to the CDPA 1988 taking effect on 31 December 2020, including in relation to qualification for protection and copyright exceptions.
  • Tunein Inc v Warner Music UK Ltd [2021] EWCA Civ 441: treatment of EU case law following 31 December 2020.
Important new cases:
  • HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273(Ch) on originality and the discretion not to enforce copyright, and on fair dealing.
  • Martin v Kogan [2021] EWHC 24(Ch) on originality of dramatic works.
  • Case C-147/19 Atresmedia Corporacin de Medios de Comunicacn S.A. v Asociacn de Gestin de Derechos Intelectuales (AGEDI) on sound recording protection.
  • Case C-13/20 Top System SA v Belgian State on the decompilation of computer programs.
  • Tunein Inc v Warner Music UK Ltd [2021] EWCA Civ 441 on infringement by authorisation.
  • Case C-147/19 Atresmedia Atresmedia Corporacin de Medios de Comunicacin S.A. v Asociacin de Gestin de Derechos Intelectuales (AGEDI), Artistas Intrpretes o Ejecutantes, Sociedad de Gestin de Espaa (AIE) and Case C-265/19 Recorded Artists Actors Performers Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd and Others, both on the scope of the Rental Directive.
  • Case C-762/19 Online Latvia - SIA CV-Online Latvia v SIA Melons on the scope of the Database Directive.
  • Case C-833/28 Brompton Bicycle Ltd - SI and Brompton Bicycle Ltd v Chedech/Get2Get [2020] E.C.D.R. 18; Case C-597/19 M.I.C.M. Mircom - MICM Mircom International Content Management Consulting Ltd Defendant v Telenet BVBA; Case C-637/19602 BY/CX; Case C-392/19 VG Bild-Kunst - VG Bild-Kunst v Stiftung Preuischer Kulturbesitz [2021] E.C.D.R. 9; Case C-682/18 and C-683/18[1] Peterson/Elsevier v Google/YouTube - Joined Cases Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc v Cyando AG [2021] ECDR 13, all on the scope of the Information Society Directive.Case C-372/19 SABAM Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v Weareone.World BVBA, Wecandance NV, on the scope of the Collective Management Directive.
  • Case C-18/18 Glawischnig-Piesczek v Facebook Ireland Limited - Eva Glawischnig-Piesczek v Facebook Ireland Limited, on the E-Commerce Directive.An update on the new EU directives: Online Broadcasts (NetCab) Directive 2019 and the Copyright in the Digital Single Market 2019, and the pending decision on the legality of its provisions: Case C-401/19 Republic of Poland v European Parliament.Chapter 7 includes a comprehensive review of the discussion relating to communication to the public to reflect the important decision of the Court of Appeal in Warner Music v TuneIn.
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Scrutton on Charterparties and Bills of Lading 24th Edition, Mainwork + Supplement

First published in 1886, Scrutton has provided a first port of call for research when drafting contracts or dealing with disputes for generations. The book is the leading analysis of general principles in the fields of time charters, voyage charters and demise charters. It covers charterparties role as a key form of commercial contract, from the initial construction of the contract, through the rights and liabilities it confers, terms, agency and performance.
Included in the 1st supplement to the 24th edition are the following updates:
  • The impact of the departure of the United Kingdom from the European Union is covered by significant amendments to chapter 21 on jurisdiction.
  • A discussion of the Law Commissions proposals for reforming the law relating to electronic trade documents.
As well as discussion of, among others, the following key cases:
  • The decision of the Supreme Court in Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] UKSC 40 on economic duress.
  • The relevance of passage plans to the shipowners obligations as to seaworthiness (Alize 1954 v Allianz Elementar Verischerungs AG (The CMA CGM Libra) [2020] EWCA Civ 293)and more recently [2021] UKSC
  • The issue of who makes what representations to whom when a draft bill of lading is presented to a master for signature (Noble Chartering Inc v Priminds Shipping Hong Kong Ltd (The Tai Prize) [2021] EWCA Civ 87)
  • The perennial issue of which charterparty terms are incorporated into a bill of lading (Herculito Maritime Ltd v Gunvor International BV (The Polar) [2020] EWHC 3318 (Comm)).
  • And an answer on the long-debated issue of whether demurrage liquidates all loss flowing from the failure to load or discharge in the laydays, or only that arising from the detention of the ship (K Line v Priminds (The Eternal Bliss) [2020] EWHC 2373 (Comm) now reported at [2021] EWCA Civ 1712).


 
CIPA Guide to the Patents Acts 9th Edition, 2nd Supplement

The CIPA Guide to the Patents Acts brings together the expertise of over 30 highly respected professionals including patent attorneys, solicitors and members of the Bar, all individually selected for their expert knowledge.

The 9th edition and the accompanying supplement is an essential tool for any practitioner advising on patents. This must-have guide gives you all the tools you need to protect the rights of your clients.

The following legislative changes and decisions are covered in this Second Cumulative Supplement:
  • Legislative changes concerning supplementary protection certificates consequent on the UK departure from the EU.
  • T 844/18 BROAD INSTITUTE/Crispr-cas claim to priority meaning of any person.
  • Permavent v Makin [2021] EWHC 467 (Ch) entitlement.
  • Enlarged Appeal Board decision G 1/19 patentability of computer-implemented simulations.
  • T 1746/16 CAVATERRA/Method and apparatus for the transfer of a money amount by using a two-dimension image code (allowed).
  • Claydon Yield-O-Meter v Murzi [2021] EWHC 1007 (IPEC) novelty seed drill prototype tried on a farm adjacent a footpath.
  • A Ward attachments v Fabcon [2021] EWHC 2145 (IPEC) meaning of inventive concept.
  • Illumina Cambridge Ltd v Latvia MGI Tech [2021] EWHC 57 (Pat) skilled team single molecule, collocation objection insufficiency.
  • FibroGen v Akebia [2021] EWCA Civ 1279 Markush group of medicament compounds sufficiency reasonable prediction/plausibility.
  • Emson v Hozelock [2020] EWCA Civ 871 mindset, hindsight.
  • Interdigital Technology v Lenovo [2021] EWHC 2152 (Pat) date as of which a patent specification is to be construed in a rapidly evolving art.
  • IPcom v Vodafone [2020] EWHC 132 (Pat), [2021] EWCA Civ 205 crown use equivalents de minimis infringement.

 
Frustration and Force Majeure 4th edition

The fourth edition of Frustration and Force Majeure provides a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through the types of supervening events which may be encountered in any commercial transaction, setting out the principles involved, together with judicial interpretations from a number of common law jurisdictions.

FEATURES:
  • Examines the conflict between contractual obligations and the ability to discharge such obligations in the light of supervening events
  • Discusses in detail the development and application of the doctrine of Frustration within the law of contract
  • Deals clearly with the purpose, nature and construction of Force Majeure and similar clauses
  • Contains a comparative element to the narrative which looks at foreign systems for rules, concepts and examples with which an evaluation of the English rules can be made
  • Contains an examination of the concept of impossibility distinguishing between various types of impossibility and between impossibility and impracticability
  • Covers frustration of purpose and illegality including supervening prohibitions, interference with performance and qualified prohibition, all of which are discussed in detail
  • Assesses the importance and effect of factors such as the passing of risk, foreseeability and whether frustration is self-induced
  • Discusses the legal consequences of frustration at common law, as modified by legislation
WHATS NEW

Professor Peel in this new 4th edition:
  • Discusses 70 new cases decided in England and in other common law jurisdictions
  • Examines the impact on the law relating to frustration of recent cases arising out of the Covid-19 pandemic and Brexit
  • Discusses the relation, in cases of an employees supervening disability, between common law frustration and the employers duty (under the Equality Act 2010) to make reasonable adjustments
  • Examines cases in frustration such as the Canary Wharf case (2019) (Brexit), the Cine-UK case (2021) (Covid-19), the Blankley case (2015) (incapacity and agency contracts) the Gemcorp case (2018) (fluctuating currency exchange), and the Spicejet and Salam Air cases (2021) (hell or high water clauses)
  • Examines cases on Force Majeure clauses such as the Classic Maritime case (2019) (contractual frustration clauses and exceptions clauses and the requirements of causation), the Seadrill case (2018) (reasonable endeavours), and the Dwyer case (2021) (party designated force majeure and implied obligations of good faith)
  • Discusses the first direct consideration of the interpretation of a material adverse effect clause in the Travelport case (2020)
  • Re-examines theories of frustration in the light of recent judicial opinions

 
Gatley on Libel and Slander 13th Edition

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

The work has been comprehensively updated and restructured throughout to provide a thorough examination of the English law of defamation and other media and communications claims, including malicious falsehood, privacy, data protection and harassment both substantive and procedural.
  • New chapters on serious harm and the defences of truth, honest opinion and publication on a matter of public interest
  • Fully revised chapter on pre-trial applications including preliminary trials of meaning
  • Dedicated chapters on misuse of private information and data protection
  • Review of all key case law including Lachaux, Stocker, Serafin, Lloyd v Google, Economou, Wright v Ver, Wright v Granath, Corbyn v Millett, Duchess of Sussex v Associated, and Soriano v Forensic News
  • Consideration of legal developments in Commonwealth and common law jurisdictions
In addition to providing detailed commentary and expert analysis of the substantive law, it offers comprehensive guidance on the procedural aspects of bringing an action. This advice is complemented with example forms and precedents for issuing proceedings and summaries of key damages awards, making it both a practical and authoritative reference.

  • The authority on the law of defamation with expert analysis of the law and all significant developments in libel and slander, malicious falsehood and privacy.
  • Detailed coverage of the relevant procedure for practising defamation law serving as a one-stop reference at every stage of an action.
  • Examines the defamatory statement including slanders actionable, publication, identifying the person defamed and addresses the question: who may sue or be sued?
  • Looks at the various available remedies including compensatory, aggravated and exemplary damages.
  • Commentary on related causes of action such as malicious falsehood, misuse of private information and other causes arising from statements.
  • Explores available defences with discussion of honest comment, absolute and qualified privilege, publication in public interest and more.
  • Comprehensive examination of the procedure for bringing an action from interim injunctions and particulars of claim to counterclaims, apologies, the trial and appeals.
  • Relevant cases from other jurisdictions with commentary on their relevance to UK law and procedure, including decisions from Canada, Australia and New Zealand.
  • Discusses the jurisprudence of the European Court of Human Rights and the continuing effect of the Human Rights Act on defamation law.
  • Provides forms and precedents for issuing proceedings, statements of case and settlement and reproduces relevant excerpts of key statutes.
  • Includes an appendixwith statutes, procedural rules and damages awards.


 
Highway Law 6th Edition

Highway Law is a popular and well-established practitioner text on all aspects of the law governing highways. The new 6th edition supplies a detailed and practical commentary on the law relating to the creation, upkeep, development and ownership of highways, including the powers and duties of highway authorities, the rights of users of the highway and of those who own land around the highway.
  • Provides a complete reference to the law governing highways
  • Delivers clear, practical guidance, written in a straightforward and accessible style
  • Addresses matters of particular interest to practitioners, such as stopping up and diversion orders, traffic orders, street works, footpaths, bridleways and bridges
  • Deals with the impact of the Human rights Act in this area
  • Contains sections dedicated to Wales and London
  • Incorporates the latest legislative and case law developments
  • Details the powers and duties of the highway authorities, the rights of users and the rights and responsibilities of owners and land near highways
  • Ensures you understand the rights and responsibilities of the party you're advising
  • Refers to all recent legislation, relevant statutory instruments and case law, such as the Countryside and Rights of Way Act and the Planning and Compulsory Purchase Act 2004
  • Makes sure you are working from the most up-to-date source available, recognises the impact these changes have on area of highway law and affected parties
  • Contains sections dedicated to Wales and London so that you can take on a case confidently regardless of the areas it covers

 
Injunctions 14th Edition

This book is an essential reference source for all lawyers who deal with one of the most important remedies in civil and family litigation the injunction. Injunctions by David Bean, Isabel Parry and Andrew Burns provides you with an indispensable reference tool.
This highly practical work covers every type of injunction, going through their scope and limitations, and the procedures involved in obtaining them.
The new 14th edition has been completely updated to incorporate all the key developments in this area of law since the last edition was published three years ago.
Features of the new edition include:
  • Injunctions against persons unknown: Canada Goose and subsequent decisions
  • Injunctions to restrain publication of reports by public bodies
  • Worldwide freezing orders: Lakatamia Shipping v Morimoto
  • Imaging orders: TBD (Owen Holland) Ltd v Simons
  • New CPR 81 on committal for contempt
 
Jackson & Powell on Professional Liability 9th Edition

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

Key features
  • Examines the nature of professional liability
  • Deals with subjects of general application and delves into specific professions
  • Discusses the difference between tortious liability and contractual liability
  • Considers the duties and obligations of a professional including positive duties and restrictions
  • Considers the standard of skill and care including the relevance of the defendants qualifications and experience
  • Discusses changes in the standard required by professional
  • Explains the nature of a fiduciary duty including unauthorised profits and undue influence
  • Discusses the origins of the duty of confidentiality including the continuing duty to former clients
  • Differentiates between limitation in contract, tort and equity
The new edition addresses all key developments and case law that have evolved since publication of the 4th Supplement to the 8th edition in December 2020. It includes the following significant new cases and developments, including the following:
  • Insurance. In Lord Bishop of Leeds v Dixon Coles Gill the Court of Appeal gave further guidance in relation to aggregation. It held that liabilities to different clients arising from thefts from the insured firms client account by a partner should not be aggregated as they did not arise out of a series of related acts or omissions.
  • Scope of duty. The decisions of the Supreme Court in Manchester Building Society v Grant Thornton UK LLP, an accountants case, and Meadows v Khan, a medical case, provide significant guidance and refinement of the scope of duty principle, concentrating on the purpose of the advice objectively construed. This is relevant to claims against most professionals.
  • Surveyors. In Hart v Large the Court of Appeal upheld a decision that a negligent surveyor was liable for the difference in value between the purchase price and the actual value of the property with all the defects, including latent defects, as his advice should have advised that there were risks which could not be assessed.
  • Lawyers: In Harcus Sinclair llp v Your Lawyers Ltd the Supreme Court has for the first time reviewed the law on solicitors undertakings. It has provided significant further guidance on the questions to be asked to determine whether an undertaking was given as a solicitor.
  • Financial practitioners. Adams v Options SIPP UK LLP has significant ramifications for execution only SIPP providers. The Court of Appeal reviewed earlier High Court authority to the effect that the giving of mere information may constitute advice where the provision of information is itself the product of a selection process involving a value judgment.
 
MacGillivray on Insurance Law 15th Edition

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

This new edition brings you up-to-date with the latest and most significant new case law over the past year, with updated commentary to the text reflecting key developments including:
  • A major reorganisation of the chapters on good faith
  • New commentary on the Supreme Court ruling in FCA v Arch on business interruption cover claims resulting from COVID-19 and its impact on causation
  • Addresses the impact of Brexit on jurisdiction and choice of law as well as insurance regulation, including changes to the PRA and FCA rules
Covering general principles, particular classes of business and the parties involved, it is a must-have title for anyone seeking advice on insurance law.
  • Comprehensive guidance on non-maritime commercial insurance and risk through the analysis of cases and legislation.
  • Detailed explanation of the general principles and rules concerning commercial insurance, risk, and loss.
  • Covers different classes of business including life insurance, personal accident policies, property, motor vehicle and aviation.
  • Looks at the parties involved with chapters on insurance companies, Lloyds policies and the role of agents.
  • Examines the rules on the formation, drafting and termination of insurance contracts.
  • Explains the key principles of good faith, warranties and the duty of disclosure.
  • Advises on the Insurance Act 2015, the changes to the law and the consequences for disputes concerning the new law.
  • Defines insurance and insurable interest.
  • Looks at issues of fraud, misrepresentation, and non-disclosure by third parties.
  • Outlines how insurance policies are constructed while explaining the meaning of words and addressing inconsistencies in phrasing.
  • Covers the rules of payment, renewal and non-payment of premiums.
  • Analyses the rights of two or more insurers and third-party rights.
  • Comparison of English law with Scotland, the USA and the Commonwealth.

 
Phipson on Evidence 20th Edition

Part of the Common Law Library series, 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.

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
The new edition considers a number of important legal developments, including:
  • A new chapter on the evidence in arbitration
  • A new chapter on the assessment of evidence
  • Discussion and commentary on the recent cases relating to LPP including the Court of Appeal judgment in The Civil Aviation Authority v The Queen on the application of Jet2.com Ltd [2020] EWCA Civ 35; PCP Capital Partners v Barclays Bank Plc [2020] EWHC 1393 and State of Qatar v Banque Havilland SA Ors [2021] EWHC 2172 (Comm)
  • The chapter on expert evidence has been extensively re-written and updated to take account of recent developments in this area


 
Russell-Clarke & Howe on Industrial Designs 10th Edition

Russell-Clarke Howe on Industrial Designs provides in-depth commentary on the protection of industrial designs and is the essential text for guidance on how to get the best from the vast bed of legislation surrounding industrial designs, ensuring that your designs are safeguarded and protected. The book:
  • Offers analytical, high level commentary on industrial designs, whilst maintaining a practice-focused edge.
  • Provides a detailed historical treatment of copyright law and industrial design law from 1709 through to the current legislative position in order to provide a complete picture of design law in operation.
  • Discusses copyright protection for industrial designs.
  • Looks into infringement and validity disputes and threats actions, along with practical hints on how to avoid the mistakes of the past.
The 10th edition contains:
  • Full coverage of changes to UK industrial designs laws following Brexit.
  • Sections on the new rights which replace Community registered and unregistered design rights: re-registered UK rights, and continuing and supplementary unregistered design rights.
  • Full discussion of relevance of past and future case law of EU Court of Justice and General Court to interpretation of post-Brexit UK design laws.
  • Up-to-date coverage of case law developments in UK and EU courts across the industrial design field.
  • Important cases covered include DOCERAM v CeramTec (C 395/16) (shape dictated by function), Cofemel v G Star Raw (C 683/17) and Brompton Bicycle v Chedech/Get2Get (C 833/18) (copyright protection for designs which could be registered), Acacia v Pneusgarda (C-397/16) (designs and the right to repair) and Easy Sanitary Solutions v Group Nivelles (C-361/15 P) (prior art in any field can invalidate a design registration).
  • Coverage of new Designs Appointed Person appellate jurisdiction with principles applied and initial case law.
  • Expanded Chapter on Commonwealth and other countries who design law is historically linked with the UK, including new section on Malaysia.
  • Appendices fully updated with Brexit changes and materials, including relevant extracts from the EU Withdrawal Agreement and the Trade and Cooperation Agreement.
  • All you need for comprehensive and in-depth coverage of the UKs evolving industrial design laws between two covers.
 
Benjamin's Sale of Goods, 11th Edition (Mainwork & 1st Supplement)

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

 

 
Law of Reinsurance 5th Edition, Mainwork + Supplement

The Law of Reinsurance has established itself as the definitive guide on reinsurance law and practice in England and Bermuda. This title not only addresses the core principles of reinsurance contracts and regulation but also relevant areas of agency law and dispute resolution procedure.
This first supplement brings the fifth edition up to date with the most significant reinsurance case law decisions and legislative developments across England and Bermuda. It is relied upon as a comprehensive and trusted text that continues to clarify a complex area of law.
  • Covers the distinct areas of reinsurance contracts, disputes and regulation.
  • Looks at the legal definition of reinsurance and outlines basic concepts and terminology.
  • Examines the nature and purpose of reinsurance transactions.
  • Explains the formation of reinsurance contracts and general principles such as offer and acceptance, consideration, variation and termination.
  • Addresses the interpretation of reinsurance contracts and their relationship with original insurance contracts.
  • Discusses market practice in Bermuda and The Bermuda Form.
  • Detailed coverage of the reinsurers obligation to pay claims looking at liability, coverage, reinsurers rights and follow the settlements clauses.
  • Outlines defences to deny liability such as non-disclosure, misrepresentation and warranties.
  • Covers financial reinsurance and alternative risk transfer.
  • Goes through the principles of the law of agency and the legal duty of intermediaries.
  • Explains reinsurance disputes and conflict of laws.
  • Includes litigation and arbitration procedural issues, comparing Bermuda arbitration law and the UNCITRAL Model Law.

 
Keating on Construction Contracts 11th Edition, 1st Supplement

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

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


 
Disclosure 5th Edition, 3rd Edition

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Disclosure provides an authoritative and detailed analysis of the law relating to disclosure, i.e., the process whereby the parties to a legal action disclose to each other all documents in their possession, custody or power relating to matters in question in the action.

Key Features:
  • Provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action
  • Covers both documentary and non-documentary disclosure
  • Considers the timing when disclosure should be made
  • Examines the granting of Norwich Pharmacal relief and other forms of pre-action disclosure
  • Discusses who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure
  • Considers the issue of privilege and the waiver of it
  • Examines the consequences of a failure to comply with the requirement to disclose
  • Looks at collateral use of documents, information requests, and expert reports
  • Covers disclosure in a wide range of Courts and Tribunals, and the continuing effects of the Human Rights Act 1998
  • Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands
The Third Supplement brings the 5th edition up to date and covers important updates on the Disclosure Pilot Scheme and includes the following cases to name a few:
  • Motorola Solutions Inc v Hytera Communications Group Ltd [2021] EWCAS Civ 11 - dealing with without prejudice privilege, and the unambiguous impropriety exception
  • Berkeley Square Holdings Ltd v Lancer Property Asset Management Ltd [2021] EWCA Civ 551 - without prejudice privilege and the admissibility of statements in mediation
  • Stokoe Partnership Solicitors v Grayson [2021] EWCA Civ 626 - dealing with Norwich Pharmacal orders, including cross-examination on affidavits
  • Travelers Insurance Co Ltd v Berrymans Lace Mawer LLP [2021] EWCA Civ 978 - dealing with privilege attaching by joint retainer, and the position of successors in title
  • TBD (Owen Holland) Ltd v Andrew Simons [2021] 1 WLR 992, CA - concerned with questions relating to search and imaging of computers
  • Vneshprombank LLC v Bedzhamov [2021] EWHC 1360 (Ch) - dealing with search orders, and the operation of CPR rule 31.22
And many more



 
Foskett On Compromise 9th Edition, Mainwork + Supplement

This is the First Supplement updating the Ninth Edition of Foskett on Compromise.
The purpose of this Supplement is to be read side-by-side with the Ninth Edition.
The work includes fresh commentary and cases covering each chapter of the main work, updating the Ninth Edition up to 1 August 2021
A compromise is the settlement of a dispute by mutual concession. Generally speaking a compromise occurs most often in a private law context, which is to say in disputes between individuals and/or commercial entities. A compromise can emerge from negotiations either before or after the commencement of litigation or arbitration proceedings and whether or not facilitated by mediation.
The purpose of Foskett on Compromise is to provide practitioners with a comprehensive and authoritative analysis of the legal framework for the resolution of disputes and the practical implications of the process of settlement however that settlement is achieved and whether it is a dispute within a domestic jurisdiction or involves cross-border implications.
Features:
  • Provides authoritative guidance on the law of compromise.
  • Establishes the legal foundations of compromise and the essential requirements of a valid compromise.
  • Goes through the procedure of compromise, its machinery and methods, with particular attention to Part 36 of the CPR in connection with disputes resolved within England and Wales.
  • Considers the consequences of a compromise and the effects of a breach.
  • Examines the enforcement of a compromise and how a compromise is put into effect.
  • Explains the practice of challenging the validity of (or impeaching) a compromise in order to have it set aside.
  • Deals individually with different types of dispute, including: settlements in Chancery litigation; matrimonial, family and inheritance disputes; serious personal injury claims involving children or patients; employment contract disputes; disputes in administrative law; landlord and tenant, boundary, and construction disputes.
  • Includes analysis of the compromise of arbitrations, domestic and international, appeals and compromises achieved through all forms of ADR.
  • Discusses the proper role of legal advisers (whether barrister, solicitor or other appropriate representative) in the process of compromise, including consideration of skills, responsibilities, obligations and liabilities.
  • Covers insurance interests and compromise.
  • Offers guidance and advice throughout as to best practice, for example as to what professional ethics and responsibility require in various situations.
  • Covers all aspects of the settlement of international commercial disputes whether achieved with the assistance of mediation or otherwise.

 
Foskett on Compromise 9th Edition, 1st Supplement

This is the First Supplement updating the Ninth Edition of Foskett on Compromise.
The purpose of this Supplement is to be read side-by-side with the Ninth Edition.
The work includes fresh commentary and cases covering each chapter of the main work, updating the Ninth Edition up to 1 August 2021
A compromise is the settlement of a dispute by mutual concession. Generally speaking a compromise occurs most often in a private law context, which is to say in disputes between individuals and/or commercial entities. A compromise can emerge from negotiations either before or after the commencement of litigation or arbitration proceedings and whether or not facilitated by mediation.
The purpose of Foskett on Compromise is to provide practitioners with a comprehensive and authoritative analysis of the legal framework for the resolution of disputes and the practical implications of the process of settlement however that settlement is achieved and whether it is a dispute within a domestic jurisdiction or involves cross-border implications.
Features:
  • Provides authoritative guidance on the law of compromise.
  • Establishes the legal foundations of compromise and the essential requirements of a valid compromise.
  • Goes through the procedure of compromise, its machinery and methods, with particular attention to Part 36 of the CPR in connection with disputes resolved within England and Wales.
  • Considers the consequences of a compromise and the effects of a breach.
  • Examines the enforcement of a compromise and how a compromise is put into effect.
  • Explains the practice of challenging the validity of (or impeaching) a compromise in order to have it set aside.
  • Deals individually with different types of dispute, including: settlements in Chancery litigation; matrimonial, family and inheritance disputes; serious personal injury claims involving children or patients; employment contract disputes; disputes in administrative law; landlord and tenant, boundary, and construction disputes.
  • Includes analysis of the compromise of arbitrations, domestic and international, appeals and compromises achieved through all forms of ADR.
  • Discusses the proper role of legal advisers (whether barrister, solicitor or other appropriate representative) in the process of compromise, including consideration of skills, responsibilities, obligations and liabilities.
  • Covers insurance interests and compromise.
  • Offers guidance and advice throughout as to best practice, for example as to what professional ethics and responsibility require in various situations.
  • Covers all aspects of the settlement of international commercial disputes whether achieved with the assistance of mediation or otherwise.

 
Bowstead and Reynolds on Agency 22nd Edition, 1st Supplement

Bowstead Reynolds on Agency is the essential reference source for commercial practitioners. Part of the long-established Common Law Library, this new edition updates all relevant aspects of law and how they relate to agency agreements, including contract law, administrative law, tort, commercial/company law, the law of property and the conflict of laws.

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

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

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

 

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

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

 

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

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

 

 
MacGillivray on Insurance Law 15th Edition

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

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

 

 
Commentary on the LCIA Arbitration Rules, A 2nd Edition

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

 

 
Handbook of ICC Arbitration: Commentary and Materials 5th Edition

A valuable contribution to ICC arbitration - Alexis Mourre, President of the ICC International Court of Arbitration
 
Written by experienced practitioners as arbitrators and counsel in dozens of cases each year, The Handbook of ICC Arbitration reflects the very latest practice in ICC arbitration.
 
Key features:
  • Provides article-by-article commentary on the new 2021 ICC Rules of Arbitration, incorporating discussion of ICC Notes and developments in case law and soft law.
  • Chapters guide the practitioner through the arbitral process, from commencement, to the arbitral tribunal, arbitral proceedings, and awards and costs.
  • Examines the diverse issues that can occur during an arbitration, from appointment and challenge of arbitrators, case management conferences, issues of due process and hearings, admissibility and weight of evidence, and annulment and enforcement of awards.
  • Contains a useful selection of models, notes, checklists and examples.
New to this edition:
  • The 2021 ICC Rules of Arbitration effective as of 1st January 2021.
  • Note to the Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration as updated on 1st January 2021.
  • The IBAs Rules on the Taking of Evidence in International Arbitration as revised December 2020.
  • The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (14th December 2018).
 
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Using ProView means you can connect to and interact with the content you rely on in new ways, wherever and whenever you like. Find out more about ProView.
Purchase this title as an eBook to start reading today:
If youre interested in firmwide or multiple user access to this title on Proview then please contact us directly to discuss what options are available.
 
Insolvency Litigation: A Practical Guide 3rd Edition

Insolvency Litigation: A Practical Guide 3rd Edition provides a comprehensive commentary on the process, procedure and issues faced by practitioners conducting insolvency related litigation. This title offers specific practical guidance to the most important court applications on this specialist area of insolvency practice, including;
  • Focused coverage of the mechanics of litigation in insolvency proceedings
  • Completely updated in line with the Insolvency Rules 2016 as amended and after the Corporate Insolvency and Governance Act 2020
  • Provides detailed guidance on court practice and procedure and the principles of law relevant to insolvency litigation
  • Two new chapters one providing an overview of corporate restructuring, the other providing an overview of insolvency litigation in the Caribbean (Cayman Islands, Bermuda, and the BVI)
  • Offers detailed guidance to different aspects of litigation, including litigation against an insolvent defendant, limitation, costs and funding issues, litigation by office holders and their approach to litigation and the types of application that arise in insolvency cases
  • Summarises the issues relevant to cross-border insolvency
  • Deals with challenging the acts and decisions of the officeholder and their removal
  • Considers applications to set aside transactions under the Insolvency Act 1986 in the context of both corporate insolvency and bankruptcy, enforcing the duty to cooperate with the officeholder, wrongful and fraudulent trading and misfeasance
  • Covers personal insolvency litigation issues and applications such as the matrimonial home and conflicts with family law, annulment, income payment orders and applications to suspend a bankrupts date of discharge
  • Looks at the process and nature of different types of applications in corporate insolvency such as applications for permission to be a director of a company with a prohibited name, validation orders and applications to end the administration
 
Law of Reinsurance 5th Edition, 1st Supplement

The Law of Reinsurance has established itself as the definitive guide on reinsurance law and practice in England and Bermuda. This title not only addresses the core principles of reinsurance contracts and regulation but also relevant areas of agency law and dispute resolution procedure.
This first supplement brings the fifth edition up to date with the most significant reinsurance case law decisions and legislative developments across England and Bermuda. It is relied upon as a comprehensive and trusted text that continues to clarify a complex area of law.
  • Covers the distinct areas of reinsurance contracts, disputes and regulation.
  • Looks at the legal definition of reinsurance and outlines basic concepts and terminology.
  • Examines the nature and purpose of reinsurance transactions.
  • Explains the formation of reinsurance contracts and general principles such as offer and acceptance, consideration, variation and termination.
  • Addresses the interpretation of reinsurance contracts and their relationship with original insurance contracts.
  • Discusses market practice in Bermuda and The Bermuda Form.
  • Detailed coverage of the reinsurers obligation to pay claims looking at liability, coverage, reinsurers rights and follow the settlements clauses.
  • Outlines defences to deny liability such as non-disclosure, misrepresentation and warranties.
  • Covers financial reinsurance and alternative risk transfer.
  • Goes through the principles of the law of agency and the legal duty of intermediaries.
  • Explains reinsurance disputes and conflict of laws.
  • Includes litigation and arbitration procedural issues, comparing Bermuda arbitration law and the UNCITRAL Model Law.

 
McGregor on Damages 21st Edition, 1st Supplement

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 comprehensivecoverage of the law, from detailed consideration of the general principles to a full analysis of specificareas of damages.
Features:
  • Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages
  • Clarifies complex areas such as loss of a chance, mitigation, causation and exemplary damages
  • Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages, and damages that permit disgorgement of a defendant's profits
  • Examines such issues as periodical payments and interest on damages
  • Goes through statement of case, the trial and appeals
Considers damages in relation to particular contracts, torts and human rights such as below:
Contracts
  • Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage, Contracts of Employment, and Contracts for Professional Services
Torts
  • Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy, Confidence and Private information, and Misfeasance in Public Office
Human Rights
  • Comprehensive examination of damages under the Human Rights Act 1998 including the claims for which these damages are available, the circumstances when they will be available, and their quantum.
The First Supplement to the Twenty-First edition covers all the latest developments in the law of damages since publication of the Twenty-First Edition in December 2020. These include important decisions on causation, remoteness of damage and scope of duty of care, consequential loss and indemnity clauses, damages for a loss of a chance, exemplary damages, disgorgement of profits, penalties, taxation consequences, interest, damages for defamation, harassment and infringement of privacy, damages for personal injury, damages consequent upon death including dependancy claims.
Case updates include (note this is not an exhaustive list):
  • Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20 and Khan v Meadows [2021] UKSC 21 which are two extremely important decisions of the Supreme Court of the United Kingdom, sitting with a panel of seven judges in each case, addressing the manner in which damages are limited across all of tort law by the concept of the scope of the defendant's duty. The first case concerned negligence by accountants and the second concerned negligence by a doctor.
  • Large v Hart [2021] EWCA Civ 24 a decision prior to Manchester Building Society and Khan involving damages for the negligence of a surveyor, with scope of duty limitations consistent with the two Supreme Court decisions.
  • Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29 in which the Supreme Court of the United Kingdom addressed the anterior question to whether a clause is liquidated damages or a penalty, namely whether the clause applies to the circumstances or whether in the circumstances the general law rules of damages will apply.
  • Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1; [2021] 2 WLR 123, in which Lords Hamblen and Leggatt (with whom Lord Reed agreed) consider issues of how, and when, the "but for" test of causation of loss should apply in a claim for damages.
  • British Gas Trading Ltd v Shell UK Ltd [2020] EWCA Civ 2349 in which the Court of Appeal again considered the but-for test for causation in the context of a breach of contract by sellers of gas under long term agreements that obliged the sellers to maintain a capacity to deliver natural gas at a specified rate.
  • PCP Capital Partners LLP v Barclays Bank Plc [2021] EWHC 307 (Comm) in which Waksman J considered the difficult question of what threshold there should be before recovery of damages will be permitted for loss of a commercial chance.
  • Swift v Carpenter [2020] EWCA Civ 1295 in which the Court of Appeal addressed and resolved the denial of reasonable compensation for the additional capital costs of special accommodation for personal injury in circumstances in which interest rates are negative.
 
The Law of Personal Property 3rd Edition

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Issues and disputes concerning personal property are a common feature of commercial legal practice. The new edition of this authoritative guide to this substantial area of common law provides a comprehensive and in-depth treatment of both tangible and intangible personal property.
In this third edition of The Law of Personal Property, the work up is brought up to date with the latest developments. Most importantly, there is now
  • a comprehensive new chapter on Digital Assets, bringing the reader up to date with a fast developing body of law
  • a substantially extended treatment of electronic documentation
  • In general, a discussion of the effects of Brexit
The key new case law, legislation and other developments covered in this supplement includes:
  • Hocking v Director-General of the National Archives of Australia (a decision of the High Court of Australia on the meaning of property with particular reference to intangible assets)
  • Borwick Development Solutions Ltd v Clear Water Fisheries Ltd (on the ownership of land and of animals ferae naturae on the land)
  • AA v Persons Unknown (the appropriate location of digital assets in the scheme of property classification)
  • Smethurst v Commissioner of Police (an Australian High Court decision on whether information amounts to property)
  • Law Commission, Digital Assets: Electronic Trade Documents (Consultation Paper 254, 2021) and the amended rules of the London Metal Exchange on immobilised and dematerialised warehouse warrants
  • Natixis SA v Marex Financial (on the question whether warehouse receipts may be treated as negotiable (transferable) instruments)
  • London Clubs Management Ltd v Revenue and Customs Commissioners (a Supreme Court decision on whether non-negotiable gambling chips were to be treated as money or moneys worth for the purpose of gaming duty)
  • BTI 2014 LLC v Sequana SA (the interests of creditors and dealings with a companys assets in the run-up to liquidation)
  • Corporate Governance and Insolvency Act 2020 (the general moratorium in the case of eligible companies on actions against a company and its assets)
  • Scipion Active Trading Fund v Vallis Group Ltd (pledges, warehouse warrants and the conflict of laws)
  • SL Claimants v Tesco plc (the legal consequences of holding securities through intermediaries)
  • The effect of Brexit on the priority regime relating to registered designs
  • Serious Fraud Office v Litigation Capital Ltd (on priority between competing assignments and the rule in Dearle v Hall)
 
Construction Insolvency 7th Edition

Construction Insolvency covers both formal insolvency and issues like bonds and guarantees and other forms of financial protection. It provides you with the answers to the practical problems that arise every day in industry whilst also setting out the legal principles clearly and concisely, examining how the law deals with specific facts.
The seventh edition, authored by a team at Gatehouse Chambers, led by Sarah McCann, updates the text with the following:
  • The Supreme Courts decision in Bresco Electrical Services Ltd v Michael J Lonsdale [2020] UKSC 25 considering the compatibility between the insolvency and adjudication regimes and the case law following in respect of adjudication and enforcement.
  • Discussion of the new insolvency procedures introduced by the Corporate Insolvency Governance Act 2020 (CIGA), the Pt A1 moratorium and the restructuring plan.
  • The prohibitions on a supplier exercising its right to terminate for insolvency where the company goes into a relevant insolvency procedure introduced by CIGA.
  • A general update on all case law since 1 August 2017.

 
Craies on Legislation 12th Edition, 1st Supplement

Craies on Legislation is the complete practitioners' guide to the nature, process, effect and interpretation of legislation. It is regularly cited to and by the higher courts, and it is relied upon by lawyers in the public and private sectors for shedding light on the widest range of questions in relation to how legislation is made, applied, challenged and interpreted.
The 12th Edition covers: the classification of primary, subordinate and a growing range of quasi-legislation; the potential of and constraints on all kinds of legislation, including devolved legislation; the legislative process for all kinds of legislation; drafting of different kinds of legislation; explanatory material (including Explanatory Notes and Pepper v Hart); issues of effect from timing and application, the exercise of statutory functions, statutory corporations, effect on other law and errors in legislation (including an account of increasing judicial activism in rectification); the rules, presumptions and canons and principles of statutory interpretation; and a discussion of the effects of EU legislation in UK law.
Key highlights of 1st Supplement to 12th Edition:
  • Parliamentary Committee Special Report on COVID-19 Regulations
  • UK Government New Guidance on Common Legislative Solutions
  • Latest cases on extra-territorial application of legislation and international comity
  • Latest cases on criminal legislation, including double jeopardy
  • Ousters of judicial jurisdiction
  • The "always speaking" rule and expressions changing meaning over time
  • Welsh bi-lingual legislation

 
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 
 
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.
 
 
 
De Smith's Judicial Review 8th Edition, 4th Edition

De Smiths Judicial Review is the leading work on the history, principles and practice of judicial review in England and Wales.

The Fourth Supplement brings the 8th edition mainwork up to date and includes cases which have either developed a principle or provide a particularly useful illustration of a principle or practice. The cases cover the following areas:
  • Justiciability
  • Jurisdictional error and ouster clauses
  • Legitimate expectations
  • The duty to give reasons
  • Substantive unfairness and equality
  • Intensity of proportionality review
  • Discrimination cases under the Human Rights Act and domestic law
  • Proposals of reform to judicial review remedies and the Human Rights Act




 
Craies on Legislation 12th Edition, Mainwork + Supplement

Craies on Legislation is the complete practitioners' guide to the nature, process, effect and interpretation of legislation. It is regularly cited to and by the higher courts, and it is relied upon by lawyers in the public and private sectors for shedding light on the widest range of questions in relation to how legislation is made, applied, challenged and interpreted.
The 12th Edition covers: the classification of primary, subordinate and a growing range of quasi-legislation; the potential of and constraints on all kinds of legislation, including devolved legislation; the legislative process for all kinds of legislation; drafting of different kinds of legislation; explanatory material (including Explanatory Notes and Pepper v Hart); issues of effect from timing and application, the exercise of statutory functions, statutory corporations, effect on other law and errors in legislation (including an account of increasing judicial activism in rectification); the rules, presumptions and canons and principles of statutory interpretation; and a discussion of the effects of EU legislation in UK law.
Key highlights of 1st Supplement to 12th Edition:
  • Parliamentary Committee Special Report on COVID-19 Regulations
  • UK Government New Guidance on Common Legislative Solutions
  • Latest cases on extra-territorial application of legislation and international comity
  • Latest cases on criminal legislation, including double jeopardy
  • Ousters of judicial jurisdiction
  • The "always speaking" rule and expressions changing meaning over time
  • Welsh bi-lingual legislation