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Keating on Construction Contracts, 10th Edition (Mainwork & 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.

Featuring:

  • Offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts, from an examination of Employer's Approval and Architect's Certificates to a recently added chapter on Delay and Disruption
  • Presents in depth practical help, delivered in a concise style, discussing legal principles, analysing judicial decisions, interrogating standard forms and interpreting legislation
  • Discusses in detail the standard form agreements upon which Building and Construction activity turns including commentary on Infrastructure Conditions of Contract, NEC3, FIDIC and JCT contracts 
  • Goes through the workflow of a construction contract, its formation and  composition
  • Examines the contractor’s right to payment and the recovery of payment for varied work
  • Deals with employer’s approval of the contracted work and the formal requirements of an architect’s certificate
  • Goes through such issues as excuses for non-performance, negligence and economic loss, and delay and disruption claims
  • Covers financial recovery and causation and liquidated damages and penalties
  • Addresses various equitable doctrines and remedies
  • Considers assignments, substituted contracts and sub-contracts
  • Reproduces relevant statutes including the 1996 Act as amended by 2009 Act, and the Scheme for Construction Contracts for easy access and navigation
  • Includes expanded coverage on procurement and the effect, and the Jackson reforms regarding proportionate costs and case management
  • Provides up-to-date references to and guidance on key primary case law and decisions from the UK, Europe and overseas, for example, the Court of Appeal decision in P.C. Harrington v Systech; the Court of Appeal decision in Lanes Group plc v Galliford Try Infrastructure Ltd
  • Ensures full coverage of Supreme Court cases which continue to define principles of contractual construction, for example, the Supreme Court decisions in Rainy Sky S.A. v Kookmin Bank; Berrisford (FC) v Mexfield Housing Co-Operative Ltd and Lloyds TSB Foundation for Scotland v Lloyds Banking Group plc (Scotland); The Supreme Court decision in Benedetti v Swairis The TCC decision in Walter Lilly v DMW Developments
  • Joint edited in three previous editions by Stephen Furst QC (Deputy Judge of the Technology and Construction Court and Recorder and member of Keating Chambers, acting for clients in the field of construction in all UK courts and forms of arbitration) and Sir Vivian Ramsey (former civil engineer and Head of Chambers, prior to joining the Bench, and serving in the Technology & Construction Court).
  • Contributed to by a stellar supporting team of experts from Keating Chambers who have been voted Construction Set of the Year in 2006, 2007, 2008, 2009, 2011, 2012, 2013 and 2014.
 
Medical Negligence, 5th Edition

Medical Negligence provides a comprehensive and authoritative analysis of the potential legal liabilities of healthcare professionals and hospitals arising out of the provision of healthcare. The principal focus is on the law of negligence as it applies in the medical context, but the book also includes extensive coverage of consent to medical treatment, defective products, confidentiality, the liability of hospitals, defences and limitation, the principles applied to the assessment damages, and procedural issues.
This essential title is recognised as an authority in the area of medical negligence and provides insight into developing areas of the law:
  • Analyses current case law and interprets applicable legislation
  • Provides clear, concise analysis applicable to generalist and specialist practitioners
  • Provides authoritative guidance
New in this edition:
  • Fully up-to-date, including discussion of relevant statutory provisions and Commonwealth case law
  • Detailed discussion of developing caselaw on the Mental Capacity Act 2005
  • Chapter on informed consent rewritten to take account of the Supreme Court decision in Montgomery v Lanarkshire Health Board
  • Discussion of the emerging tort of misuse of private information
  • Full reference to relevant professional guidance issued by the General Medical Council (Good Medical Practice, 2013 and Confidentiality: good practice in handling patient information, 2017)
  • Revised system of headings/sub-headings to provide easier navigation of the text

 

 
Phipson on Evidence, 19th Edition

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:
  • The leading work and authority on civil and criminal evidence, frequently quoted in court
  • Written by a prominent team 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
  • Looks at the admission of evidence
  • Considers the burden and standard of proof
  • Examines evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses
  • 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
  • Analyses the use and admission of opinion and expert evidence
  • 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

 

 
McPherson & Keay Law of Company Liquidation, 4th Edition

This title discusses the legal considerations involved in company liquidation and addresses the various methods of winding-up. It covers the legal considerations to be taken into account in relation to creditors' petitions and miscellaneous other petitions. It explains provisional liquidation, analyzes the role and duties of the liquidator as well as the role of creditors, and addresses the distribution of surplus assets in solvent liquidations. It also provides guidance on investigations and examinations and discusses misconduct and prosecutions.
 
New to this edition
  • Reference to and examination of the new rules – Insolvency Rules 2016 – in all aspects of liquidation and associated elements of insolvency law
  • The chapter on international liquidations is expanded significantly to take account of many developments in the case law in cross-border insolvency, including the decision in Singularis, and the advent of the recast version of the EU Insolvency Regulation
  • Extensive analysis of the Akers v Samba Financial Group (Supreme Court) and Express Electrical Distributors Ltd v Beavis (Court of Appeal) cases in relation to s.127 (avoidance of post-petition dispositions)
  • Consideration of the relevant aspects of the Waterfall litigation in Lehman Bros and especially the Supreme Court decision in The Joint Administrators of LB Holdings Intermediate 2 Ltd v the Joint Administrators of Lehman Brothers International (Europe)(2017)
  • Updating to take account of amendments to the Insolvency Act 1986 brought about by the Small Business, Enterprise and Employment Act 2015.
  • Examination of the Court of Appeal decisions in County Leasing Asset Management Ltd v Hawkes  and Pickering v Davy as far as the restoration of dissolved companies is concerned
  • Consideration of the Supreme Court decision in Nortel GmbH as far as it affects the disposition of the insolvent estate
  • Discussion and explanation of the decision-making process provided for by the Insolvency Act and Rules
  • Developments in the case law as is affects transactional avoidance and wrongful trading
  • Discussion of changes brought about by the Commercial Rent Arrears Recovery (CRAR) in relation to liquidations

 

 
Lewin on Trusts, 19th Edition, Mainwork & Supplement

Frequently cited in court, Lewin on Trusts covers the entire law of trusts from general principles to current practice, ensuring you have all the information you need on the effective creation of trusts and the resolution of disputes and other problems that arise.
 
LEWIN ON TRUSTS:

  • Covers all aspects of trusts law, from creation of trusts and the role and duties of trustees, to beneficiaries and their interests and administration
  • Includes in-depth analysis of both general principles and the practical implications of trust law
  • Provides clear guidance on questions that arise in modern trusts practice
  • Analyses major decisions and applies them to the principles of the law and the practice and procedure they affect
  • Explores the impact of the latest case law
  • Explains breach of trust and available remedies
  • Deals with constructive trusts and asset tracing
  • Covers anti-money-laundering legislation in relation to trusts
  • Refers to Commonwealth decisions, suggesting solutions lacking in UK case law
  • Covers costs issues in trusts disputes
     

HIGHLIGHTS COVERED IN THIS NEW EDITION:

  • A fully updated treatment of shams and, following Pitt v Holt, mistake and the re-stated principle in Re Hastings-Bass
  • An exposition of all recent statutes affecting trusts, including the Perpetuities and Accumulations Act 2009, the Trusts (Capital and Income) Act 2013, the Presumption of Death Act 2013 and the Inheritance and Trustees’ Powers Act 2014
  • A modern text on bribes and other unauthorised profits, after FHR European Ventures LLP and the Bribery Act 2010
  • A consideration of the vexed topic of limitation of trust claims in the light of Williams v Central Bank of Nigeria
  • A comprehensive account of the rules governing jurisdiction and choice of law in trust disputes, including disputes arising out of constructive trusts
  • A detailed statement of the law of co-ownership by cohabitants, as found in Jones v Kernott and later decisions
  • The fullest treatment of trusts arising under mutual wills and the Married Women’s Property Act
  • A discussion of confiscation and the civil recovery of the proceeds of crime as they impinge on trustees
  • New material on knowing receipt by a company and on the attribution of knowledge to a company in cases of fraud
  • An extensively revised account of the court’s powers in trust cases and the relevant procedural rules, including the incidence of costs and the new powers of costs management and costs capping

 

The 1st supplement brings the 19th Edition up-to-date with the most recent case law and legisltion. 

SUPPLEMENT COVERAGE:

  • Fiduciary duties as to the appointment and removal of trustees after the Jersey decision in Re Piedmont Trust
  • The recent changes to the rules about service out of the jurisdiction in trust cases and the decision in Crociani v Crociani on jurisdiction clauses in trusts
  • Compulsory or voluntary disclosure of information provided confidentially in Beddoe applications
  • The Glenalla litigation in Guernsey, as to the personal responsibility of the trustee for trust liabilities, and of questions of priority where the trust assets are inadequate
  • Retrospective sanction by the court of self-dealing transactions
  • Disclosure under freezing injunctions over discretionary trusts
  • The attribution of knowledge to companies in claims for dishonest assistance and knowing receipt after the Supreme Court’s ruling in Bilta (UK) Ltd v Nazir
  • The requirements of the Fourth Money Laundering Directive and the Small Business, Enterprise and Employment Act 2015
  • The court’s role in applications by trustees for approval, in the light of Cotton v Brudenell-Bruce
  • Adding new accumulation periods on variations under the Variation of Trusts Act 1958
 
The Interpretation of Contracts, 6th Edition (Mainwork + Supplement)

The Interpretation of Contracts offers expert guidance in preparing, advising on and disputing agreements. This work focuses on the core elements of contract law, and the interpretation of contracts in relation to the five core principles of a contract as defined by Lord Hoffman.
 
COVERAGE:
  • This book provides explanation and guidance on the key principles that the court uses when interpreting contracts, through the lens of the five core principles identified by Lord Hoffmann in Investors Compensation Scheme Ltd v West Bromwich Building Society
  • The book goes through each component of a contract, setting out the basic proposition, followed by analysis and the most relevant judicial decisions for practitioners.
  • Explains how the meaning of a contract can be ascertained.
  • Identifies the materials available to aid in the interpretation of contracts, analysing each: the contract document, related documents, drafts, previous agreements, pre-contract agreements and negotiations, and contractual terms.
  • Gives background on the impact of law and precedent on interpretation, including the court’s approaches to standard forms such as conveyancing agreements.
  • Lays out the golden rule as regards the meaning of words, and its operation in practice through key decisions.
  • Covers the circumstances in which terms can be implied and fulfilled, including important developments following the Belize Telecom case, and the extent to which entire agreement clauses preclude the implication of terms.
  • Looks at the rules of construction, including the consideration of a clause in the context of a whole document, the addition of special conditions to a standard form of contract and the relationship of general and special provisions.
  • Explains the meaning and operation of patent and latent ambiguity and their effects on the contract, as well as uncertainty, mistake and inconsistencies.
  • Explores the impact of Rainy Sky SA v Kookmin Bank and subsequent cases regarding ambiguity and ‘business common sense’.
  • Considers the preliminary parts of a deed (everything preceding the habendum), analysing in-depth the effect of recitals.
  • Reviews the subject matter of a contract, such as the inclusion or otherwise of a parcel or land, admissible evidence to identify the subject matter, evidence of physical features and plans.
  • Covers exclusion clauses, including indemnity, time-bar and non-reliance clauses, and the exclusion of rights and remedies; and force majeure clauses.
  • Considers the inclusion of certificates, consents and deeming clauses
  • Analyses issues of time stipulation and punctuality, in contracts such as mercantile and conditional contracts.
  • Explains conditions and conditional contracts, including the impact of Jet2 v Blackpool Airport on best endeavours obligations.
  • Discusses in detail clauses relating to penalties, termination and forfeiture.
  • Assesses the dispute resolution options in the context of contract interpretation, including choice of law and scope of jurisdiction clauses.
NEW FOR SUPPLEMENT 1

Supplement 1 takes in all changes to the law since the 6th Edition mainwork publication in 2015. 

 
Shareholders Agreements, 7th Edition

Shareholders’ Agreements provides practical guidance on the nature and effect of shareholders’ agreements and articles of association. The new seventh edition has been substantially updated to provide more practical guidance on drafting shareholders’ agreements and other related documentation through the use of detailed drafting notes. The title includes precedents, articles of association for private companies limited by shares. It also comes with a CD-Rom to make drafting quick and easy.
  • Offers in-depth analysis on the key components of shareholders’ agreements and articles of association, enabling you to draft these documents with confidence
  • Analyses the elements of joint ventures and property joint ventures so you are aware of the possible structures and have the tools you need to draft the relevant documents
  • Provides information on taxation considerations in relation to this area
  • Reflects recent changes in market practice in private equity transactions
  • Covers the theory behind partnership structures 
  • Explains boilerplate provisions 
  • Offers expert commentary on option agreements and warrants with detailed drafting notes, so you can draft these types of agreements and are aware of the key issues
  • Includes a CD-ROM of all precedents for easy drafting
New to the 7th edition:
  • Precedents revised to take account of current practice and thinking
  • Updated with the latest case law since the last edition published in 2012
  • Taxation implications fully considered in line with changes introduced by the Finance Acts 2015, 2016 and 2017
  • Recent legislative changes to partnerships, limited liability partnerships and limited partnerships taken in
  • New private equity investment agreement and articles of association

 

 
Lindley & Banks on Partnership, 20th Edition

Lindley & Banks on Partnership gives you comprehensive, authoritative and practical coverage of the law relating to both general and limited partnerships. This seminal text on partnerships, first published in 1860, gives you detailed commentary on all aspects of the life of a partnership, from its nature and formation to the usual contents of a partnership agreement and common areas of dispute, the liabilities undertaken by partners both internally and externally and, finally, to dissolution, winding up and insolvency. It also explains how partnerships are taxed. The twentieth edition covers all legal changes since the last edition, with reference to UK and Commonwealth authorities where relevant.

 
New for the 20th Edition:
 
  • New and detailed coverage on private fund limited partnerships (PFLPs) as a vehicle for investment following the Legislative Reform (Private Fund Limited Partnerships) Order 2017
  • Explores partners’ statutory and other rights to information and access to books, the potential impact of the restraint of trade doctrine on the partnership agreement whilst the partnership continues and the interplay of the courts’ jurisdiction over partnerships with its powers under TOLATA 1996. 
  • Includes a revised and extended treatment of the vexed issue of repudiation and partnerships in the light of Goldstein v. Bishop and related decisions.
  • Considers the impact of cases such as Boghani v. Nathoo (on rights and duties under s.38 of the 1890 Act), Bates van Winkelhof v. Clyde & Co LLP (on the overlap of employment rights with partnership) and Hosking v. Marathon Asset Management LLP (on the equitable doctrine of forfeiture).
 
Lightman & Moss on the Law of Administrators and Receivers of Companies, 6th Edition

Lightman & Moss on The Law of Administrators and Receivers of Companies is known as the authority on the law relating to administrators and receivers. It is considered a must have for any practitioner dealing with corporate insolvency matters.
 
This new edition offers clear guidance on the procedures involved in the duties, liabilities and appointments of receivers and administrators. As well as discussing the issues surrounding trading, disposals, reorganisation, liquidation and receivership.
 
To ensure you have all the information you need in one reliable source, this edition offers a complete guide to every aspect on this complex area of law.
 
New to the 6th Edition:
  • Relevant case law has been considered, reflected and worked into each chapter to demonstrate how the law affects each sector
  • Provides comprehensive coverage of the new Insolvency (England & Wales) Rules 2016
  • Takes into account the amendments to the Insolvency Act 1986, in force since April 6, 2017
  • Incorporates the changes to the EU Insolvency Regulation that become applicable from June 2017 onwards.

This book:
  • Explains clearly the principles, legislation and case law shaping receivership and administration practice and highlights recent developments in corporate insolvency
  • Provides authoritative and practical guide to the law relating to administrators and receivers of companies
  • Gives guidance to help clarify areas of uncertainty and makes technical issues understandable
  • Goes through procedure for appointment of receivers and administrators
  • Deals with continuation of trading, disposals, and reorganisation, liquidation and receivership
  • Considers issues relating to taxation, leases, set-off and liens, pensions and employees
  • Covers the position of bankers and creditors
  • Addresses the removal, resignation, termination and discharge of directors. 

 

 
Exclusion Clauses and Unfair Contract Terms, 12th Edition

 

Exclusion Clauses and Unfair Contract Terms examines, in a straightforward and practical manner, this integral area of contract law and provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, this esteemed work offers key commentary on the means and method of successfully challenging an exclusion clause when seeking to disentangle a client from an agreement which may have proved onerous post agreement coming into force, and for which they are seeking a remedy. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation.
 
The authors look at all aspects of the subject, examining unlawful, void and ineffective exclusion clauses, then as a result of this, explaining in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective. Written with a practical focus, the work includes sample exclusion clauses, illustrating the points made and providing templates for you to use in your everyday work.
 
NEW TO THIS EDITION:

• Fresh consideration of just when and how terms are incorporated into a contract (Barrier Ltd v Redhall Marine Ltd; Transformers v Needs; Goodlife v Hall Fire)
• Developments in the interpretation of exclusion and limitation clauses (Import Funding Solutions Ltd v AIG Europe; Persimmon v Taylor Wimpey; University of Wales v LCB)
• Development of the doctrine of allocation of risks when it comes to interpreting exclusion clauses (Transocean Drilling UK Ltd v Providence Resources plc; the Persimmon case)
• Just what counts as an onerous clause and how to ensure it is made part of the contract (Noreside v Irish Asphalt; the Goodlife case)
• Changes to what exclusion and limitation clauses are automatically void
 
Shackleton on the Law and Practice of Meetings, 14th Edition

Shackleton on the Law and Practice of Meetings is a leading resource on the law and practice of both company and local authority meetings, providing a complete statement of the law with detailed practical guidance.
 
Key features:
  • Discusses the legal implications of public and private meetings
  • Addresses the practical issues to be aware of when organising and managing meetings
  • Deals with specific forms of meeting such as board, committee, shareholder and local
    authority meetings
  • Explains different types of resolution and how these are passed in the context
    of meetings
  • Directs the reader to the appropriate statutory requirements under the Companies
    Act 2006 and other relevant legislation
  • Covers meetings by charities
  • Provides ‘worked’ practice examples and check lists for company meetings
  • Looks at the powers, duties and roles of directors in the context of meetings
  • Explains how to maintain good order and ensure fairness at meetings
  • Covers the new decision procedures in insolvency proceedings under the Insolvency (England & Wales) Rules 2016

 

 
Illegality and Public Policy, 4th Edition

Illegality and Public Policy is an invaluable text in clarifying the complexities surrounding the law relating to illegality, public policy and restraint of trade. It comprehensively addresses issues of criminal and civil law, consequences of illegality, and reform in the UK and Commonwealth. Practical examples are given to encourage creative solutions to disputes, making this a must-have text.

Key features:

  • Clarifies the particularly complex law relating to illegality and public policy in contracts and the possible consequences of such agreements.
  • Provides hypothetical examples of illegality and suggests possible approaches to dispute resolution to give practical guidance on an elusive subject.
  • Distinguishes between ‘statutory illegality’ and illegality derived from common law.
  • Considers issues arising from the relationship between criminal and civil law, including claimant recovery actions, the forfeiture rule, and the Estates of Deceased Persons Act 2011.
  • Looks at the nature and scope of the doctrine of public policy by analysing contracts affected by fraud, issues of integrity of the legal process, and the application of public policy to cases with an international element.
  • Covers the need to distinguish between an agreement and the surrounding circumstances when ascribing degrees of responsibility for any illegality to the parties involved.
  • Detailed examination of the doctrine of restraint of trade and the distinction between public and private interest.
  • Sets out the availability of restitutionary relief in cases of contract illegality.
  • Explores UK and Commonwealth case law and the most recent reforms in these jurisdictions.
  • Highlights potential arguments for challenging and examining contracts.
  • Includes commentary on the statutory prohibition of contracts.
  • Discusses the effect of criminal activity under the enforceability of a contract.
  • Deals with the passing of property under unenforceable contracts and difficulties surrounding the transfer of limited interests.
  • Analysis of the Law Com No.320 report regarding the illegality defence.
 
The 4th edition:
  • Addresses the highly significant and wide-ranging discussions of illegality in relevant recent Supreme Court cases
  • Comprehensively updates the latest High Court and Court of Appeal decisions 
  • Offers updated analysis of the rapidly developing area of restraint of trade, with over 30 reported decisions on this issue in the past couple of years 
  • Addresses the latest and most important Commonwealth decisions, such as Ting Siew May v Boon Lay Choo [2014] SGCA 28 in the Singapore Court of Appeal

 

 
Contractual Duties: Performance, Breach,Termination and Remedies, 2nd Edition

Contractual Duties: Performance, Breach, Termination and Remedies provides guidance from four leading contract academics on the duties at play in a contract that is in dispute: its performance, breach, termination and the remedies available.
 
Main features:
  • Part 1 covers rescission: firstly its principles and process are explained.
  • Explains each of the possible grounds for rescission, including misrepresentation, mistake and non-disclosure; duress, undue pressure and influence; impaired capacity, unconscionable conduct and breaches of fiduciary duty.
  • Details the bars to rescission, explaining what damages might be due in lieu of rescission.
  • Outlines the consequences of rescission, including compensation, apportionment of loss and concurrent claims.
  • Part 2 introduces the different types of breach and the terminology that governs them, and explains strict and non-strict obligations.
  • It sets out and analyses concepts such as renunciation, anticipatory breach, and repudiation by actual breach.
  • Discusses the common law right to terminate for breach of condition, particularly with regard to time stipulations.
  • Explains innominate or intermediate terms, deriving from the Hongkong Fir case, and its reception in Australia and New Zealand.
  • Analyses the nature and process of termination for breach, including international principles, and explains the ‘entire obligation’ rule.
  • Part 3 deals with discharge by impossibility, illegality or frustration.
  • Part 4 discusses remedies available, beginning with the right to sue for a debt and the limits to such an action.
  • Covers damages for breach of contract, laying out the measures of award.
  • Explains financial loss, covering the various ways of expressing the loss, via concepts such as expectation, reliance, consequential damage, ‘cost of cure’ and balance sheet calculation, and questions of timing.
  • Analyses the two limbs of the Hadley v Baxendale principle and their consequences.
  • Covers other types of damages including agreed damage and gain-based awards.
  • Discusses specific relief, focusing on the grant of specific performance and injunctions.
  • Focuses on English contract law, but also shows how other jurisdictions have different approaches, and suggesting new ideas drawn from the US, Australia and civil law systems.

New to the 2nd edition:

  • Substantial case law updates across all four key areas of the book since the first edition was written in 2011
  • Includes analysis of the effect of recent legislation on contractual duties, i.e. the Consumer Rights Act 2014

 

 
Aldridge Powers of Attorney, 11th Edition

Powers of Attorney is the definitive work providing clear guidance on the creation, interpretation and use of powers of attorney. Written in a succinct and straightforward manner, it provides everything needed to operate effectively in this area of the law. Beginning with an explanation of the scope of powers of attorney, it goes on to examine the duties of the parties involved, before looking at specific situations in which powers of attorney can be used.

The new 11th edition has been updated throughout to reflect recent developments in legislation and case law.

  • Clarifies the role, powers and duties of donor, attorney and third parties
  • Shows how powers of attorney are used in different situations, including land and companies
  • Advises on drafting issues
  • Includes forms and precedents
  • Explains how powers of attorney interact with trusts law
  • Covers lasting powers of attorney and examines the key case law since their introduction in 2007
  • Reproduces relevant statutes, statutory instruments and rules, so they can be consulted easily
 
Conflicts of Interest, 5th Edition

Conflicts of Interest provides authoritative guidance on the law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict. It explains in detail the current legal position in various professional sectors (lawyers, accountants, the City, directors, estate agents and insurance brokers). The expert authors provide guidance on avoiding potential conflicts of interest while providing practical advice and remedies for any that do arise.
 
Now fifteen years since the publication of the first edition, this title continues to be a trailblazer in this highly topical and continually developing legal area. With the increasing internationalization of law firms - one result being that branches of the same firm in different countries might be called upon to act for opposing clients - actual and potential conflicts of interest are on the increase.

Whilst providing an authoritative guide to the law relating to all aspects of conflicts of interest, this title also offers practical guidance on how the problems and risks of conflicts of interest can be avoided or reduced and provides strategies for assessing and managing conflict situations. 

 
Rectification: The Modern Law and Practice Governing Claims for Rectification for Mistake, 2nd Edition

Law and Practice of Rectification
  • Provides comprehensive guidance on how to deal with situations where a mistake has been made in the drafting of a legal document to the detriment of a client
  • Unravels the complex legal principles in this area and explains the remedies available
  • Covers rectification by construction and by way of the remedy of rectification
  • Discusses rectification remedies in various fields of law, including commercial, Chancery, property, pensions and general civil litigation
  • Shows how best to advise clients on the merits of bringing a claim for rectification to court
  • Explains how to litigate a claim and how to defend against one
  • Advises on how to settle rectification litigation
  • Analyses the key judgments in this area in recent years, both English decisions and those from other common law jurisdictions
  • Looks at documents where special considerations apply
  • Includes precedents for use in court proceedings
New to this edition:
  • A major new chapter on the concept of a common accord
  • New sections on duty of care, estoppel by convention, the rectification of the land and company charges registers, motor insurance policies and statutes, alternative claims for rectification for common and unilateral mistake, unopposed applications, court orders and private hearings
  • New appendices digesting cases on the rectification of wills and trusts and pension scheme documents
  • Detailed consideration and analysis of the Court of Appeal’s decision in Daventry District Council v Daventry & District Housing, including reference to academic and extra-judicial commentary thereon and subsequent authorities addressing the objective approach to the common intention required for common mistake rectification
  • Consideration of Lord Hoffmann’s latest contribution to the issue of common intention in the Hong Kong case of Kowloon Development Finance v Pendex Industries
  • Detailed consideration of Marley v Rawlings, the first case on the rectification of wills to reach the Supreme Court
  • Commentary on the Court of Appeal’s decision in Day v Day on the rectification of unilateral instruments
  • Discussion of the correction of mistakes in publicly accessible documents following the Court of Appeal’s decision in Cherry Tree Investments v Landmain
  • Consideration of the many new cases decided since the first edition in 2010
  • A new foreword by Lord Justice Briggs who decided Chartbrook v Persimmon Homes at first instance  

 

 
Injunctions, 12th Edition

Injunctions is a concise and practical guide to the subject of injunctions, with particular emphasis on procedure. The decision to grant or refuse an interim injunction will often be determinative of the whole dispute.

Injunctions:
  • Covers the full range of injunctions in one volume.
  • Provides a concise and practical guide with particular emphasis on explanation of procedure.
  • Sets out what remedies are available and to which situations they are best suited.
  • Covers all matters of jurisdiction and the discretionary powers of different courts.
  • Fully explains the criteria for both permanent and interim injunctions.
  • Gives step-by-step analysis of practice and procedure, covering interim applications, other proceedings (including appeals), freezing injunctions, search orders and contempt of court.
  • Contains a useful collection of official and unofficial precedents.
  • Includes a chapter on matrimonial and domestic proceedings written by Her Honour Judge Isabel Parry.
  • Deals with special cases such as ones dealing with restraint of publications, employment contracts, public law, defendants outside the jurisdiction, restraint of legal proceedings, and discrimination.
This 12th Edition includes essential updates on:
  • Damages in lieu of an injunction: Lawrence v Fen Tigers
  • No injunction to ban autobiography: Rhodes v OPO
  • The Anti-Social Behaviour, Crime and Policing Act 2014
  • Important recent case law on freezing injunctions
  • New powers for district judges in injunction cases
 
Expert Evidence: Law and Practice, 4th Edition

Expert Evidence: Law and Practice is a comprehensive survey of the law, practice and procedure relating to the admission of expert evidence in courts, tribunals, official enquiries and other proceedings (including arbitration).

It gives detailed guidance to those involved in the pre-trial preparation of expert evidence or the presentation or questioning of it in court.

This new edition incorporates the continuing impact of the new approach towards expert evidence introduced by the Civil Procedure Rules and Criminal Procedure Rules. It also explains the implications of important recent case law.

  • Covers expert evidence in both civil and criminal proceedings
  • Sets out general principles and deals with their application in specific contexts
  • provides guidance for pre-trial preparation of expert evidence, including issues such as bias, privilege and confidentiality
  • Deals with every aspect of the expert witness in court
  • Goes through methods of cross-examining experts
  • Considers methods of proof, dealing with psychiatric evidence, land and building valuation, forensic sciences, actuarial, accounting and market research evidence, and evidence with a mathmatical element
  • Discusses the rules that apply in specific fields of litigation, such as medical reports in personal injury cases, patents, construction claims, proceedings involving children and drink driving cases
  • Looks at tribunals not covered by the strict rules of evidence
  • Quotes in full all important statutory provisions and rules of the court
 
Morgan and Burden on IT Contracts, 9th Edition

The 9th edition of Morgan & Burden on Computer Contracts:

• Goes through computer contracts and their provisions, and provides a set of precedents to help draft agreements
• Provides an overview of contracts and the structure of the computer industry and services provided
• Examines hardware and software acquisition, detailing all the key elements and options
• Deals with distribution and marketing agreements, and how these can impact the end user
• Discusses maintenance contracts for hardware and software and the relevant components
• Investigates the role of services including bureaux, consultancy and  outsourcing services
• Contains coverage of public sector contracts
• Addresses the growth of web services in the IT market place
• Takes into account the increasing relevance and regulation of procurement policies
• Coverage of statutory, SI and case law
• Contains precedents as a major feature of the work, both in print and on an accompanying CD
• Contains details of drafting procedure
• Summarises the practical steps to take for drafting IT agreements and managing IT services
• Will now conjoin the topics of Hardware acquisition and Maintenance
• There is also a re-examination in the structure of the relationship of Software acquisition and maintenance as these areas are increasingly becoming indivisible
• The key area of Non web based services is examined in detail looking at the impact of consultancy, outsourcing etc in the IT contractual context
• The increasing relevance of Web based services, e.g. Cloud based services will be given a central place in the new structure of the work
• There will be a fresh examination of Procurement and its relevance in the light of changing regulations