Clerk Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary throughout the UK and the Commonwealth, and also forms the point of reference worldwide for those wishing to research the English law of torts. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law.

Key Features:

• Provides unrivalled breadth and depth of coverage on all areas of tort law
• Sets out both general principles and the detailed rules of liability affecting specific torts
• Explains in detail general matters, such as defences, joint liability and vicarious liability, and capacity and parties
• Covers all the important heads of tortious liability: negligence, breach of statutory duty, professional liability, product liability and occupiers liability, malicious prosecution and abuse of process, wrongful interference with goods, deceit, to trespass to land and to the person. Other chapters range from liability for animals to nuisance and Rylands v Fletcher, and from malicious falsehood to the economic torts, defamation, breach of confidence and misuse of private information
• Deals extensively with the vital topic of damages and other remedies, including injunctions
• Covers limitation in detail
• Takes full account of the effects of Brexit

New material in the Twenty-Fourth Edition:

• Henderson v Dorset Healthcare University NHS Foundation Trust and Stoffel Co v Grondona on the extent of the illegality defence in tort.
• FCA v Arch Insurance (UK) Ltd on the subject of adequate causation.
• Okpabi v Royal Dutch Shell Plc on the duty of care owed by a holding company for the acts of its subsidiaries abroad.
• Toombes v Mitchell on the boundaries of wrongful birth and wrongful life.
• Bell v Tavistock Portman NHS Foundation Trust on older childrens ability to consent to medical procedures.
• Allsop v Banner Jones Ltd on solicitors negligence claims and abuse of process.
• Rihan v Ernst Young Global Ltd on employers duties to look after employees interests.
• Leeds City Council v Barclays Bank Plc on the requirement for a representation in the tort of deceit.
• Duchess of Sussex v Associated Newspapers Ltd on misuse of private information and breach of copyright.
• Kawasaki Kisen Kaisha Ltd v James Kemball Ltd on how far the deliberate defunding of a company can amount to an economic tort.
• Swift v Carpenter on damages for serious injury and funding the purchase of a suitable property for a seriously disabled claimant.
• Canada Goose UK Retail Ltd v Persons Unknown and Boyd v Ineos Upstream Ltd on property, injunctions, protests and human rights.

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

Key features:

• Covers the history, theoretical foundations and principles of judicial review.
• Deals comprehensively with all grounds of challenge, including illegality, procedural impropriety, substantive review, Convention rights and grounds based on retained EU law.
• Clarifies complex changes in substantive review, as a result of recent Supreme Court cases including the use of Parliamentary materials in assessing proportionality (SC), challenges based on policies (A), significant cases on devolution concerning referenda and the Ireland/Northern Ireland Protocol; and the impact of the Windsor Framework on Northern Ireland.
• Sets out the context of judicial review and its scope, considering at the outset a number of issues which guide De Smiths approach.
• Considers other possible avenues of redress for aggrieved citizens.
• Examines those who may initiate a claim for judicial review (claimants); who have a right to be a party (interested parties) and those who may seek permission from the court to make submissions as interveners
• Includes full coverage of procedures and remedies, including new suspended quashing orders and the increased emphasis on procedural rigour before the Administrative Court.
• Considers reform proposals including the Bill of Rights Bill.
• Includes comparative material form other leading common law jurisdictions

New material in the Ninth Edition:

The Ninth edition includes comprehensive coverage of the law and practice of judicial review with extensive comparative material from leading common law jurisdictions. This edition has been thoroughly re-written and updated to take account of recent doctrinal developments and theoretical controversies. It includes recent changes to the law on remedies and limiting judicial review by ouster clauses. It examines retained EU law, separate agreement law, and future relationship law, the Ireland/Northern Ireland Protocol and the Windsor Framework. It also covers proposals, such as the Bill of Rights Bill.

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The subject matter of Goods in Transit is of increasing relevance as international trade and globalisation increase. The work gathers together and integrates in a unique, accessible and practical form many aspects of general commercial, shipping, contract, bailment, tort, property, agency and transport law in one place.

• Considers key areas of contract, bailment, tort, property, sale of goods and banking law as relevant to the movement of goods
• Deals with trans-national transportation rail, road, sea and air in the context of the various international transport conventions and multi-modal transport
• Analyses in detail the law of agency and the law of bailment in the context of carriage of goods and international trade law
• Examines the property elements in carriage of goods and international trade law
• Analyses the multifarious complex domestic and international statutory and contractual liability regimes applicable to carriers and other bailees
• Considers the various issues raised by outsourcing, logistics and project forwarding contracts

The fifth edition covers number of key cases, including:

• Scipion Active Trading Fund v Vallis Group Ltd [2020] EWHC 1451 (Comm) Henshaw J Contractual and bailees estoppel
• Sevylor Shipping and Trading Corp v Altfadul Co for Foods, Fruits Livestock (The Baltic Strait) [2018] EWHC 629 (Comm), [2018] 2 Lloyd's Rep 33 at [18]-[25] per Andrew Baker J: right of bill of lading holder suing on the bill of lading in contract to recover full damages
• Volcafe Ltd v Compania Sud Americana De Vapores SA (CSAV) [2018] UKSC 61 Bailment and the Hague and Hague-Visby Rules; the burden of proof, inherent vice and causation
• Alize 1954 v Allianz Elementar Versicherungs AG [2021] UKSC 51 Shipowners obligation to exercise due diligence to make a vessel seaworthy
• Dera Commercial Estate v Derya Inc [2018] EWHC 1673 (Comm) Carr J. Deviation
• K Line Pte Ltd v Priminds Shipping (HK) Co Ltd (The Eternal Bliss) [2021] EWCA Civ 1712 Males LJ demurrage

 

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Estoppel by Conduct and Election, originally written by the Honourable K.R. Handley, has been comprehensively reviewed and updated in this third edition by the Honourable Patrick Keane.

The book examines estoppel in the context of commercial transactions and property dealings. It examines election in relation to commercial dealings. It provides a comprehensive but accessible exposition of general principles including a discussion of the particular relationships in which these principles have been applied and developed by the courts.

With the concerns of practising lawyers who advise upon and litigate issues of estoppel in mind, the general principles are stated and illustrated in their application by reference to leading decisions of the higher courts of the Commonwealth of Nations. Where steps in the judicial development remain controversial in point of authority, the controversy is identified and explicated by an in-depth examination of the leading cases.

Key features:

• Covers the four categories of estoppel: estoppel by representation, estoppel by convention, proprietary estoppel, and promissory estoppel placing their development in their historical context.
• Examines the various relationships in which estoppels may often arise in practice: eg principal and agent, landlord and tenant, bailor and bailee, licensee of intellectual property and bank and customer.
• Examines the juridical differences between representation and promise, causation and the relevance of knowledge of rights as distinct from facts.
• Examines the practical operation of estoppel in commercial transactions involving companies, insurance and insolvency.
• Examines the intersection of estoppel and statute law.
• Examines quasi-estoppel and equitable defences including the issue of consent to breach of trust.
• Addresses practical matters of pleading and practice that arise in the course of litigating issues of estoppel, and explains how to deploy estoppel as a defence to a claim.

New to this third edition:

• There are significant updates on proprietary estoppel relating to property dealings affecting family members, particularly as to the requirement of reasonable reliance and the appropriate measure of pecuniary relief where preclusive effect cannot be given to the estoppel.
• There is a significant update in relation to estoppel by convention and its relationship to the other categories of estoppel.
• There are significant updates in respect of the requirements for a binding election and the relationship and election.
• In relation to the controversial aspects of the law left open by ultimate appellate courts, the current course of development is marked by references to recent decisions of intermediate appellate courts.

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.

It covers the general principles of UK insurance law such as misrepresentation and good faith and gives a detailed examination of loss, explaining key themes like causation and the necessity for notice. It also looks at particular classes of business with commentary on third party risks and liability policies, the rights of third parties against the insurer, the rights of two or more insurers, and the law governing double insurance.

This first supplement keeps you up to date with the very latest insurance case law and legislative developments since publication of the fifteenth edition.

• Comprehensive guidance on non-maritime commercial insurance and risk through the analysis of cases and legislation.
• Detailed explanations of insurance law and its practical application are provided in three distinct sections:
• The general principles and rules concerning commercial insurance, risk, and loss.
• Different classes of business including life insurance, personal accident policies, property, motor vehicle, and aviation.
• 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 as it comes into effect, the changes to the law, and the consequences on 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.

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With an emphasis on clear English and ease of understanding, Drafting Trusts and Will Trusts: A Modern Approach has won a reputation for bringing a fresh approach to creating documents. It provides guidance on best practice when drafting trusts and will trusts, and features a comprehensive range of newly updated precedents, drafted in a straightforward, modern style.

The work helps ensure the practitioner can make the best succession planning judgments through the use of the correct wills and trusts, and is a practical tool to simplify the drafting of trusts, with easy-to-understand guidance and valuable precedents that are ready to use.

The new 15th edition incorporates all recent developments in the law, including analysis of the latest case law.

• Covers the technical issues involved in drafting settlements, common mistakes and traps.
• Precedents are accompanied with an explanation of why the text is there and the choices which need to be made.

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IMPORTANT CHANGES REGARDING THE WAY YOU PURCHASE SEALY AND MILMAN

We wanted to inform you of some important changes to the way you purchase Sealy and Milman. Previously, non-standing order customers have ordered each new edition of Sealy and Milman as a one-off purchase. However, from the 26th edition (May 2023) onwards your purchase will be changing to a continuous subscription.

This means that if you buy the new edition of Sealy and Milman in 2023, you will receive each new annual edition on publication unless you cancel your subscription. As a subscriber you will also receive the supplement free of charge when it publishes towards the end of the year. The benefit of the new continuous subscription is that you no longer need to remember to order your new edition each year and will receive the new edition and supplement as soon as they publish.

For more information and FAQs on these changes please follow this link.

Sealy and Milman: Annotated Guide to the Insolvency Legislation is viewed as the definitive work on insolvency law. First published to respond to the Insolvency Act 1986, and an annual publication since 2001, the expert team of authors have always endeavoured to keep insolvency practitioners right up to date with insolvency law and procedure.

Now in its 25th edition, this annual guide offers practitioners annotated commentary and clarification on the legal and practical implications of the latest insolvency legislation, whether in Acts of Parliament, Statutory Instruments, or relevant Practice Directions, and on the relevant case law.

Duress, Undue, Influence and Unconscionable Dealing are grounds on which a contract can be set aside because the claimant was induced to enter into it by means which the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances where an otherwise valid transaction can be avoided on each of these grounds.

Duress
Duress is a common law doctrine under which a contract may be avoided where the complainant was induced to enter into it by illegitimate pressure, such as a threat of physical violence, a threat to seize or damage property or economic pressure.

Undue Influence
There are two doctrines of undue influence: the equitable doctrine of undue influence is concerned with lifetime transactions (such as contracts), while the probate doctrine of undue influence is concerned with wills. The equitable doctrine of undue influence deals with cases where one person has acquired influence over another, and the ascendant person abuses that influence to induce the other person to enter into a lifetime transaction. It includes an evidential presumption of undue influence in certain cases. Probate undue influence applies in relation to wills. It allows the court to refuse to admit a will to probate where the testator was induced to sign the will by the exercise of undue influence. Unlike equitable undue influence, probate undue influence does not include an evidential presumption of undue influence.

Abuse of Confidence
The book also discusses the equitable doctrine of abuse of confidence, which is sometimes confused with, but is different from, the equitable doctrine of undue influence. The doctrine of abuse of confidence is concerned to protect a person (the principal) who has placed confidence in another person (the fiduciary) from abuse of that confidence in any transaction between the fiduciary and the principal (as where a solicitor buys property from his client).

Unconscionable dealing
Unconscionable dealing or unconscionable bargains is an equitable doctrine that provides protection to weaker parties in certain situations. The court will intervene on this ground to set aside a contract where, at the time of the contract: one party was suffering from some serious disadvantage, such as poverty, ignorance, illness, or otherwise, so that the circumstances existed of which unfair advantage could be taken; that weakness was exploited by the other party (the stronger party) in a morally reprehensible manner; and the resulting transaction is extremely one-sided in favour of the stronger party.

Features:

• Provides comprehensive information on all aspects of duress, undue influence and unconscionable dealing and abuse of confidence.
• Helps you deal with problems arising from a range of contractual disputes.
• Explains the remedies and defences available in the context of the doctrines examined in this work.
• Examines the different types of duress including duress to the person, duress of goods and economic duress.
• Covers recent developments and case law relating to undue influence, including relevant Supreme Court and Court of Appeal decisions and commonwealth cases
• Includes a comparative analysis of the approach in other jurisdictions, including Australia, Canada, Hong Kong, Ireland, New Zealand, Scotland and Singapore.
• Gives examples of how duress, undue influence, abuse of confidence and unconscionable dealing cases work in practice.
• In the context of third party undue influence or misrepresentation, where the loan is to a company,provides a critical examination of the circumstances where the bank may not be put on inquiry.
• Takes you through the detailed steps that a bank that is put on inquiry is required to take to avoid being fixed with constructive notice.

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A practical and comprehensive guide to the law and practice of structuring projects for the sale and transportation of gas and LNG, based on the author's own comprehensive experience. The discussion is augmented by three precedent agreements and a set of further clause examples which demonstrate the practical mechanics of putting the deal together.

• Presents a detailed, hands-on guide to the drafting, negotiation and interpretation of natural gas and LNG trading, shipping and transportation contracts
• Contains three new chapters on LNG Trading Platforms; MSA Terms; and Sales Contracts for Unconventional Gas
• Highlights the legal and commercial issues involved at each stage and advises how they should be handled in practice
• Offers clause-by-clause commentary on the typical provisions within gas and LNG, sales, shipping and transportation agreements
• Pinpoints the key issues and suggests solutions to problems that can arise
• Discusses the nature of gas and LNG and the contracting process
• Explains in detail the common components of contracts, including quality and pressure, liabilities and limitations, force majeure and dispute resolution
• Provides discussion on the commercialisation of natural gas in light of concerns about climate change, cleaner energy sources and the security of energy supplies
• Includes expertly drafted precedent agreements
• Covers price reviews and reopeners
• Written from the perspective of English law but in the light of international experience and practice

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The Handbook of UNCITRAL Arbitration presents a practical, rule by rule guide to the UNCITRAL Arbitration Rules, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration. It reviews each stage of the UNCITRAL arbitration process, from the arbitration clause, through the arbitral proceedings, to the award.

This highly anticipated fourth edition deals with the Rules as modified with the addition of the UNCITRAL Expedited Arbitration Rules that came into effect in September 2021.

International arbitration is evolving rapidly, and the Handbook provides an up-to-date analysis of key aspects of arbitration law applicable to UNCITRAL arbitration wherever conducted. It deals with issues such as:

• The procedural issues for which a majority is required under art.33(1) of the Rules and those which the presiding arbitrator is entitled to decide on his or her own in the absence of a majority under art.33(2) of the Rules.
• The obligations of collegiality within the Tribunal with respect to procedural decisions and awards.
• The conduct of virtual procedural and substantive hearings, including case management conferences.
• The due process issues relating to admission or exclusion of evidence and amendments to claims.
• The role of the Appointing Authorities and in particular the role of the LCIA, ICC, SIAC and the Permanent Court of Arbitration.
• The law applicable to the arbitration agreement. With a discussion of the varying and conflicting approaches reflected in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb Ors [2020] UKSC 38 and Kabab-Ji SAL v Kout Food Group UK Supreme Court ([2021] UKSC 48 in the UK and Kabab-Ji in France (French Supreme Court Civ. 1iere of 28 September 2022)
• The issue of joinder of non-signatories to an arbitration with particular reference to Dallah and Kabab-Ji (in the UK and France)
• Whether the courts adopt a deferential or non-deferential approach to reviewing jurisdiction with reference in particular to the decisions in the UK and the USA.
• Whether and how to challenge and arbitrator and the most recent challenge decisions, with an updated table of over 100 of such decisions.
• The updated IBA Rules on the Taking of Evidence in International Arbitration as amended in 2020.
• The US Supreme Court decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022) limiting the application of 28 USC 1782(a) regarding discovery in the United States in support of international arbitration.
• The most recent approaches to interim measures, including security for costs.

The Handbook of UNCITRAL Arbitration is based on the authors everyday practical experience in hundreds of arbitrations. It deals with the latest trends in international arbitration relating to issues such as the conduct of disclosure, the role of experts, the conduct of virtual hearings and other attempts to render international arbitration more expeditious and cost-effective.

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• Provides comprehensive information on all aspects of duress, undue influence and unconscionable dealing and abuse of confidence.
• Helps you deal with problems arising from a range of contractual disputes.
• Explains the remedies and defences available in the context of the doctrines examined in this work.
• Examines the different types of duress including duress to the person, duress of goods and economic duress.
• Covers recent developments and case law relating to undue influence, including relevant Supreme Court and Court of Appeal decisions and commonwealth cases
• Includes a comparative analysis of the approach in other jurisdictions, including Australia, Canada, Hong Kong, Ireland, New Zealand, Scotland and Singapore.
• Gives examples of how duress, undue influence, abuse of confidence and unconscionable dealing cases work in practice.
• In the context of third party undue influence or misrepresentation, where the loan is to a company,provides a critical examination of the circumstances where the bank may not be put on inquiry.
• Takes you through the detailed steps that a bank that is put on inquiry is required to take to avoid being fixed with constructive notice. 

An excellent introduction to jurisprudence, explaining the often complex and difficult ideas in legal philosophy clearly and concisely. This book will engage readers with the fundamental themes in legal philosophy and the foremost legal theorists, and equip the reader with the tools and knowledge to delve deeper. This edition brings the discussion up-to-date, taking into account the most recent scholarly work.

• A textbook for students of Jurisprudence, presenting the themes, theories, primary texts and protagonists in jurisprudential thinking, giving the reader a solid grounding in the subject and inspiring and enabling them to locate, read and understand the primary texts.
• Split into four Parts which cover Legal Theory: Problems and Possibilities; Theories About the Nature of Law; Themes and Principles; and Modern Perspectives on Legal Theory.
• A list of Suggested Further Readings is offered at the end of each chapter, footnote citations to the primary texts are contained within the chapters, and a full Bibliography is provided at the end of the book, for those who wish to locate longer and fuller discussions of the topics.
• Brian H. Bix is the Frederick W. Thomas Professor of Law and Philosophy at the University of Minnesota, USA.

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This practical text contains precedents and commentary on warranties and indemnities on share sales. It provides guidance for all parties purchasers and vendors - who deal with a sale and purchase agreement (sale agreement) for either a company or business. Written for commercial lawyers, it is the only title to deal exclusively with this area.

New for the 12th edition:
This edition reflects the changes in law, convention and practice since the last edition.
As well as updated warranties, there are new ones to deal with the various assistance programs provided by the Government during the height of the Covid 19 pandemic and new warranties and due diligence enquiries relating to the national security and Investment Act 2021

Features:

• Provides precedents and commentary on warranties and indemnities on share sales
• Provides guidance for all parties purchasers and vendors - who have to deal with a sale and purchase agreement (sale agreement) for either a company or business.
• For the purchasers solicitors, provides precedents of suitable warranties and indemnities from which a tailored draft can be prepared
• For the vendors solicitors, provides guidance and commentaries with the precedents
• Organised around precedents of clauses and documents, accompanied by extensive commentary
• Arranged in a logical chronology
• Covers the history and function of warranties and indemnities
• Covers the various parties to a sale and purchase agreement
• Covers the rights and liabilities that arise from a breach of warranty
• Provides detailed consideration of tax, property and general warranties in a share sale
• Covers the forms taken by tax deeds
• Covers warranties, undertakings and indemnities requested by the purchaser
• Covers completion accounts and valuation
• Covers how to deal with liability when warranty risk is to be insured.
• Provides clearly-written commentary and guidance aimed to explicate clauses and their impact

Precedents are also accessible digitally on Thomson Reuters eBook platform, ProView for print users.

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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 third 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 including:

• GW Pharma v Otsuka and Nokia v Oneplus on the latest developments concerning the courts jurisdiction to hear standards-essential patent claims
• Optis v Apple
• Teva v Novartis relating to the use of UK court judgments abroad and Arrow declarations

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.

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Built on the wealth of practical, commercial and legal experience accumulated by the authors, the 2nd supplement to the 14th edition Hudsons Building and Engineering Contracts provides a comprehensive update on the law and interpretation of construction contracts.

Updates dealt with in this supplement include:

• Coverage of the enaction of the Building Safety Act 2022
• The Supreme Court decisions in:
  • Times Travel (UK) Ltd v Pakistan International Airlines Corporation Limited [2021] UKSC 40
  • Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 65
  • Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC1
• And the Court of Appeal decision in Abbey Healthcare (Mill Hil) Ltd v Simply Construct (UK) Ltd [2022] EWCA 82

 

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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 Second 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.

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This first supplement to the ninth edition of Hollington on Shareholders Rights includes examination of the following recent case law:

The bargain between the shareholders

• The discussion of obligations of good faith in shareholders agreements is updated in light of Compound Photonics Group Ltd [2022] EWCA Civ 1371

 

S.994 Companies Act 2006 (unfair prejudice remedy)

• The update takes account of several recent decisions including Court of Appeal in Loveridge v Loveridge (two decisions), Re The Hut Group Ltd, Taylor Goodchild Ltd v Taylor, Langer v McKeown, Re Kings Solutions Ltd, Bailey v Cherry Hill Skip Hire Ltd; Privy Council in Chu v Lau and Ming Siu Hung v J F Ming Inc.; and Jersey Court of Appeal in Financial Technology Ventures II (Q) LP v ETFS Capital Ltd and Tuckwell
• Analysis of recent cases as respects the concept of quasi-partnership, including the relevance of a written shareholders agreement and no partnership/entire agreement clauses
• Analysis of ONeill v Phillips in the light of Scottish and New Zealand decisions
• Analysis of the controversial question of when a minority discount should be applied, in the light of recent cases
• Analysis of winding up on just and equitable basis in light of Re Klimvest plc

Directors duties

• further analysis of Eclairs Group Ltd v JKX Oil Gas Plc and the proper purpose rule under s. 171 of the 2006 Act, in light of recent cases

Derivative claims

• Court of Appeal decision in Boston Trust Co Ltd v Verhoef as to locus standi and procedure in common law derivative claims; and first instance decisions (McGaughey v Universities Superannuation Scheme Ltd, Prinse v Landmasters (Overseas) Ltd Ors); and statutory derivative claims (Re Nexbell Ltd; Hughes v Burley) are referenced

Rule against reflective loss

• Primeo Fund (in official liquidation) v Bank of Bermuda (Cayman) Ltd, is discussed

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This first supplement to the ninth edition of Hollington on Shareholders Rights includes examination of the following recent case law:

The bargain between the shareholders

• The discussion of obligations of good faith in shareholders agreements is updated in light of Compound Photonics Group Ltd [2022] EWCA Civ 1371

 

S.994 Companies Act 2006 (unfair prejudice remedy)

• The update takes account of several recent decisions including Court of Appeal in Loveridge v Loveridge (two decisions), Re The Hut Group Ltd, Taylor Goodchild Ltd v Taylor, Langer v McKeown, Re Kings Solutions Ltd, Bailey v Cherry Hill Skip Hire Ltd; Privy Council in Chu v Lau and Ming Siu Hung v J F Ming Inc.; and Jersey Court of Appeal in Financial Technology Ventures II (Q) LP v ETFS Capital Ltd and Tuckwell
• Analysis of recent cases as respects the concept of quasi-partnership, including the relevance of a written shareholders agreement and no partnership/entire agreement clauses
• Analysis of ONeill v Phillips in the light of Scottish and New Zealand decisions
• Analysis of the controversial question of when a minority discount should be applied, in the light of recent cases
• Analysis of winding up on just and equitable basis in light of Re Klimvest plc

Directors duties

• further analysis of Eclairs Group Ltd v JKX Oil Gas Plc and the proper purpose rule under s. 171 of the 2006 Act, in light of recent cases

Derivative claims

• Court of Appeal decision in Boston Trust Co Ltd v Verhoef as to locus standi and procedure in common law derivative claims; and first instance decisions (McGaughey v Universities Superannuation Scheme Ltd, Prinse v Landmasters (Overseas) Ltd Ors); and statutory derivative claims (Re Nexbell Ltd; Hughes v Burley) are referenced

Rule against reflective loss

• Primeo Fund (in official liquidation) v Bank of Bermuda (Cayman) Ltd, is discussed

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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.

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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.

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The IDS Employment Law Handbook Discrimination at Work provides an authoritative and detailed overview of how the Equality Act 2010 applies in the workplace. This comprehensive guide clearly explains the key legal issues, including the scope of the protected characteristics under the 2010 Act; the various types of discrimination that the Act prohibits; who is protected and who may be liable; the circumstances in which discrimination can arise before, during and after employment; and the remedies available to successful claimants. The 2022 edition of the Handbook has been updated to take account of key case law developments since the previous edition, as well as the post-Brexit status of EU law in the UK. Discrimination law has become a vast topic, with the capacity to affect every aspect of the employment relationship, and this Handbook is an essential tool in keeping up-to-date and fully informed.

Also available as an eBook on Thomson Reuters ProView

Also available as an eBook on Thomson Reuters ProView

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Also available as an eBook on Thomson Reuters ProView

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Bowstead Reynolds on Agency is the essential reference source for commercial practitioners. Part of the long-established Common Law Library, this 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.

This second cumulative supplement brings the main work up-to-date with the latest developments. Among the changes and new case law covered are:

Chapter 1: Agency inferred on part of co-owner; obligations of party to litigation to discover materials held by agents; attribution of acts and knowledge to companies; agency of a company for a related company
Ivy Technology Ltd v Martin (Comm); Quartz Assets LLC v Kestrel Coal Midco Pty Ltd (Comm); Aquila Advisory Ltd v Faichney (UKSC)

Chapter 2: Capacity of corporations; execution requirements for companies; acts on behalf of companies where statute requires personal action; authority to act illegally; ratification
Including Ceredigion Recycling Furniture Team v Pope (EWCA); SR Projects Ltd v Rampersad (UKPC) 24; Mars Capital Finance Ltd v Hussain (Ch); Northwood Solihull Ltd v Fearn (EWCA); Gulf Petrochem FZC v OCM Singapore Njord Holdings Pte Ltd (Comm)

Chapter 3: Evidence of agency; when self-benefit bars actual authority; Mental Capacity Act 2005; actual authority of individual directors of companies; implied authority of lawyers in litigation
Ivy Technology Ltd v Martin (Comm); Chandler v Lombardi (Ch); Rushbrooke UK Ltd v 4 Designs Concept Ltd (Ch); R v Mallick (EWCA Crim)

Chapter 5: Accountability of sub-agent to head agent in relation to bribe-taking; relationship between bank and mandatary in respect of customer, the Quincecare duty
Philipp v Barclays Bank (EWCA); Royal Bank of Scotland International Ltd v JPSPC (UKPC); Stanford International Bank Ltd v HSBC Bank Plc (EWCA)

Chapter 6: Impostors purporting to be agents; agents liability to principal in tort; duties of care and skill; conflict of interest; trust of assets in possession of agent; account of profits; misuse of confidential information; duties arising on agent in appointment process; accounting for profits; trust obligations of agents;
Including Business Mortgage Finance 4 Plc v Hussain (Ch); Mahoney v Renwick (Ch); Ceredigion Recycling Furniture Team v Pope (EWCA); Spire Property Development LLP v Withers LLP (EWCA); Brearley v Higgs Sons (Ch);

Chapter 7: Duties of principals to agents; directors claim to remuneration; effective cause as entitlement to commission; loss-of-chance damages for preventing earning of commission; extent of agents right to indemnity; being put on inquiry by agents conflict of interest;
Benyatov v Credit Suisse Securities (Europe) Ltd(QB); Clevely v Atkinson (Ch); Musst Holdings Ltd v Astra Asset Management UK Ltd (Ch); O'Connell v LPE Support Ltd (Ch)

Chapter 8: Undisclosed principals; apparent authority from a course of dealing; no representation in a mere payment; apparent authority of chairperson of directors; ultra vires doctrine in law of corporations; vicarious liability; undue influence on attorney;
Canara Bank v MCS International Ltd (Comm); SR Projects Ltd v Rampersad (UKPC); Ceredigion Recycling Furniture Team v Pope (EWCA); Blackpool Football Club Ltd v DSN (EWCA); Chell v Tarmac Cement and Lime Ltd (EWCA); Enal v Singh (UKPC)

Chapter 9: Status of stakeholders; liability of agents to third party in negligence; liability for joint tortfeasance; immunity of agents for inducing principals breach of contract; liability in dishonest assistance; liability in knowing receipt;
Including PDVSA Servicios SA v Clyde Co LLP (Ch); Various North Point Pall Mall Purchasers v 174 Law Solicitors Ltd (Ch); Barclay-Watt v Alpha Panareti Public Ltd (EWCA Civ); BASF Corp v Carpmaels and Ransford (Ch); Brearley v Higgs Sons (Ch); Norsand Consultancy Ltd v Anandanadarajah (Ch)

Chapter 11: Software as goods under Commercial Agents (Council Directive) Regulations
Software Incubator Ltd v Computer Associates Ltd (C-410/19)

Chapter 12: Governing law of actual authority; governing law of ratification
Canara Bank v MCS International Ltd(Comm); Kreditanstalt Fr Wiederaufbau v Azov-Don Shipping Co JSC (Comm); Deutsche Bank AG London v Comune di Busto Arsizio (Comm)

Also available as an eBook on Thomson Reuters ProView

Thomson Reuters ProView is custom built for legal professionals like you.

Also available as an eBook on Thomson Reuters ProView

Thomson Reuters ProView is custom built for legal professionals like you.

Also available as an eBook on Thomson Reuters ProView

Thomson Reuters ProView is custom built for legal professionals like you.

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