his is the first supplement to the seventh edition of Dilapidations: The Modern Law and Practice - a leading authority in its field, providing comprehensive coverage of the legal principles relating to dilapidations, both residential and commercial, together with all the practical aspects pertaining to dilapidations claims. It offers a comprehensive, one-stop reference, assisting the reader with dilapidations issues and in determining of the best course of action. It discusses the legal principles clearly and accompanies this with worked examples showing how they apply in practice. It also includes precedents, forms, statutes, and extensive case referencing. It is now largely recognised by the courts and the professions as the leading work on dilapidations, and it is referred to, and quoted from, in many cases.

• Explores the obligations of landlord and tenant with regard to the state and repair of property
• Looks at repairing obligations, all types of repairing covenant, liability, considerations affecting the performance of obligations, liability, remedies, fees
• Explores alternative ways of resolving claims such as arbitration and proposals for reform this area of law
• It considers the rules in relation to both landlord and tenant and both commercial and residential property
• Offers a comprehensive and authoritative discussion of legal principles relating to dilapidations with examples as to how those principles might apply in practice using relevant case law
• Commentary is supported by relevant forms and precedents in the appendices
• The renowned author team offer a practical five-question approach to analysing the basic repairing covenants

• Coldunell v Hotel Management International [2022] EWHC 1290 (TCC)
• Ashtenne Caledonia v Saleem [2023] CSOH 18 and Ashtenne Caledonia v Denny Enterprises International [2023] CSOH 20
• Khan v Mehmood [2022] EWCA Civ 791
• Anchor Hanover Group v Cox [2023] UKUT 14 (LC)
• Dorrington Residential v 56 Clifton Gardens [2022] UKUT 266 (LC)
• Tanner v Moss [2022] CSOH 33
• Alma Property Management Ltd v Crompton [2022] EWHC 2671 (Ch) and [2023] EWCA Civ 849

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

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

• Covers pre-acquisition and pre-disposal steps so you can be fully prepared for negotiations.
• Outlines the general principles of due diligence and in particular financial and legal due diligence, helping you ensure the sale and purchase agreement reflects the value of and risks in the business
• Gives guidance on the key components of a sale and purchase agreement, so you can draft, check and negotiate your documents with confidence.
• Includes an explanation of the nature of warranties and indemnities, so you can mitigate against possible problems that may arise post-sale.
• Covers specialist areas including pensions, tax and employment law issues so you’ll be able to quickly address these issues in your drafting and negotiations.

• Helps you ensure your agreements are in-line with the latest developments on company and commercial law.
• Discusses changes in law and regulation affecting data protection, national security and listed companies, and how they affect the business sale process.
• Sets out the ways in which property and environmental issues may affect the sale of a business.

• Precedents related to the sale of a business including: asset and share purchase agreements, board minutes and powers of attorney are available digitally on Proview, our eReader platform.
• Enables you to draft documents more quickly by using these precedents as a basis for drafting, or to select the relevant clauses as you need them.
• Saves you time as you can easily find and copy the precedents and clauses you need into your own documents.

 Keating on Offshore Construction and Marine Engineering Contracts provides in-depth guidance on the agreements involved in the construction of ships, rigs and other offshore vessels and structures. It will equip marine construction lawyers with a one-stop reference on all aspects of the modern shipbuilding and offshore engineering contracts and for dealing effectively with the problems that may arise.

• Examines the main standard form agreements used in marine construction, including the SAJ, BIMCO, the Norwegian 2000, AWES as well as LOGIC and FIDIC
• Looks at the documents required for creation of a marine construction contract e.g specifications, drawings, programmes of work
• Discusses the general rules of formation and construction of offshore construction contracts, including commonly found implied terms and limitation clauses
• Covers changes to contract terms and considerations that need to be made from contractor and buyer’s perspectives
• Covers differences in approach between standard shipbuilding and engineering contracts
• Analyses in detail all the issues surrounding time in contracts, the obligations, delay and extensions
• Looks at payment, including potential extra payments, permissible delay and damages
• Considers the rights and obligations of parties following contractual or common law termination
• Deal with guarantees, bonds and insurance
• Covers the dispute resolution frameworks used in international shipbuilding contracts, including litigation in the Commercial or Technology and Construction Court, and ADR
• Examines the growing influence of land-based construction case law, and provides in-depth commentary of relevant authorities

• Updated to cover the latest editions of all the standard forms
• Expanded commentary taking into account LOGIC Marine Construction, Offshore Decommissioning and the Design Edition, as well as the new BIMCO DISMANTLECON contract
• Key recent cases discussed in detail, including Jiangsu Guoxin Corp Ltd v Precious Shipping Public Co Ltd [2020] EWHC 1030 (Comm), Panther Real Estate Development LLC v Modern Executive Systems Contracting LLC [2022] DIFC CA 016, Van Oord UK Ltd v Dragados UK Ltd [2021] CSIH 50; 198 Con LR 1 and Shanghai Shipyard Co Ltd v Reignwood Investment Co Ltd [2021] 1 WLR 5408 (CA)
• Expanded commentary on express or implied terms of good faith
• Commentary on claims arising out of the Covid-19 pandemic
• New commentary on the use of adjudication in the context of shipbuilding and offshore construction

 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.

• Provides authoritative guidance on the law of compromise.
• Establishes the legal foundations of compromise and the essential requirements of a valid compromise.
• Goes through the procedure of compromise, its machinery and methods, with particular attention to Part 36 of the CPR in connection with disputes resolved within England and Wales.
• Considers the consequences of a compromise and the effects of a breach.
• Examines the enforcement of a compromise and how a compromise is put into effect.
• Explains the practice of challenging the validity of (or ‘impeaching’) a compromise in order to have it set aside.
• Deals individually with different types of dispute, including: settlements in Chancery litigation; matrimonial, family and inheritance disputes; serious personal injury claims involving children or patients; employment contract disputes; disputes in administrative law; landlord and tenant, boundary, and construction disputes.
• Includes analysis of the compromise of arbitrations, domestic and international, appeals and compromises achieved through all forms of ADR.
• Discusses the proper role of legal advisers (whether barrister, solicitor or other appropriate representative) in the process of compromise, including consideration of skills, responsibilities, obligations and liabilities.
• Covers insurance interests and compromise.
• Offers guidance and advice throughout as to best practice, for example as to what professional ethics and responsibility require in various situations.
• Covers all aspects of the settlement of international commercial disputes whether achieved with the assistance of mediation or otherwise.

• New guidance on mediation and other forms of alternative dispute resolution following the Court of Appeal’s decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416.
• Updates on the Court’s approach to CPR Part 36
• Updates on cases concerning Tomlin Orders
• Guidance on the amendments to the Family Procedure Rules 2010 which came into force on 29 April 2024 with the increased focus on enabling and encouraging parties to engage in non-court dispute resolution (NCDR)
• Updates on the court’s approach to the so-called Thwaite jurisdiction
• New guidance on employment ADR

 Kerr & Hunter on Receivers and Administrators sets out the legal principles, explains the legislation and interprets the relevant case law. Covering both corporate and personal insolvency the book considers the duties, and responsibilities of both administrators and receivers. It also explains when and why they are appointed, and whether appointed outside court or not.

• Considers the duties, powers, responsibilities and liabilities of administrators and receivers
• Sets out the legal principles, explains the legislation and interprets the relevant case law
• Explains the procedures for the appointment of receivers and administrators
• Considers appointment out of court and emergency procedures
• Describes the duties of office holders and their relationship with the company and its staff
• Provides a comprehensive overview of taxation in receivership and administration
• Guides reader through impact of new legislative developments and reflects the latest rulings from both UK and EU courts
• Covers both corporate and personal insolvency, plus a chapter on cross-border insolvency
• Gives latest rulings and case study material on the recast EU Insolvency Regulation
• Illustrates potential judicial conflicts within the practice area of administration
• Takes account of the effects of liquidation on administrative receivership

Hanbury Martin: Modern Equity provides an up-to-date and modern account of this challenging area of the law. This twenty-second edition of the long-standing work is the third edition under the present editors. The new edition contains rigorous analysis of the latest in case law and academic debate, with strengthened reference to other common law jurisdictions. Modern Equity continues to be unparalleled in breadth of scope and wealth of detail and remains the authority on equity and trusts law.

 Carver on Charterparties, in conjunction with Carver on Bills of Lading, covers the ground of the classic 1982 treatise Carver’s Carriage by Sea. Carver on Charterparties, 3rd edition, builds upon the thematic synthesis and analysis in this fundamental area of shipping law.

• Explains charterparties, their nature and characteristics
• Covers the parties, formation and interpretation of the charterparty as a contract
• Describes how charterparties apply to the vessel, the cargo and the voyage
• Discusses cargo claims
• Examines demise, time and voyage charterparties
• Addresses laytime and demurrage
• Analyses discharge by frustration and breach
• Covers damages and other remedies

• Unicredit Bank AG v Euronav NV (The Sienna) [2023] EWCA Civ 471 (relationship between charterparties and bills of lading)
• Alize 1954 v Allianz Elementar Versicherungs AG (The CMA CGM Libra) [2021] UKSC 51 (seaworthiness; vessel passage plan; whether seaworthiness confined to vessel attributes; relationship between seaworthiness and navigation)
• Gravelor Shipping Ltd v GTLK Asia M5 Ltd [2023] EWHC 131 (Comm) (arrangements for purchase of ship under demise charterparty)
• SK Shipping PLC v Capital VLCC 3 Corp (The C Challenger) [2020] EWHC 3448 (Comm); [2022] EWCA Civ 231 (fitness for service; shipowner’s consent to deduction from hire; election and reservation of rights; nature of speed and consumption warranties; Shelltime 4 maintenance clause)
• Eastern Pacific Chartering Inc v Pola Maritime Ltd (The Divinegate) [2022] EWHC 2095 (Comm) (calculating underperformance in speed and consumption warranties)
• Herculito Maritime Ltd v Gunvor International BC (The Polar) [2024] UKSC 2 (whether insurance rights exclude normal recourse rights)
• K Line Pte v Priminds Shipping (HK) Co Ltd (The Eternal Bliss) [2021] EWCA Civ 1712 (whether damages recoverable in addition to demurrage or deadfreight)

 Admiralty Claims, presents a comprehensive single-volume treatment of admiralty claims aimed particularly at practitioners.

• Covers the rules and principles peculiar to admiralty claims and explains their relationship with related areas of substantive and adjectival law.
• Investigates the theoretical underpinnings of the subject, in order to enhance understanding and to indicate novel lines of enquiry.
• Contains a treatment in terms of detail and theoretical and practical methodology which is clearly superior to currently available treatments.
• Offers an in-depth treatment of the whole of Admiralty Claims and jurisdiction.
• Combines both a principled and a practical approach.
• Highlights and explains the distinction between admiralty and ordinary claims rules.
• Incorporates discussion of international conventions, European Union law and the expected effects of Brexit.
• Has been written by two of the leading UK academics in maritime law

• The chapter on the jurisdiction of the English courts has been greatly shortened and simplified, including coverage of anti-suit relief, now that the UK will not be ratifying the Lugano Convention and has given effect to the Hague Convention on Choice of Court Agreements 2005.
• Other Brexit-related developments have included streamlining the chapter on insolvency in the light of the falling away of the EU Insolvency Regulation and the resulting universal application of the Model Law on transborder insolvency.
• Changes to the CPR to reintroduce a limited right to start at least some proceedings within the admiralty jurisdiction in the County Court

• Limitation of liability, notably in The MSC Flaminia [2023] EWCA Civ 1007 and The Stema Barge II [2021] EWCA Civ 1880 on entitlement to limit;
• time-bars, with the confirmation in The Giant Ace (No. 2) [2023] EWCA Civ 569 of the width of Art III r 6 of the Hague-Visby Rules; and
• anti-suit relief, with confirmation by the Court of Appeal and the Supreme Court in Unicredit Bank GmbH v Ruschemalliance LLC (2024) that it is available to protect an obligation to arbitrate in a non-English seat

 Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its ninth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings. The book is designed to help bring an action in good time and remedy delays which may lead to striking out. The book covers European and international limitation issues.

The First Supplement to the 9th Edition brings this well-established and definitive text fully up-to-date, including significant case law such as: Kekwick v Kekwick (Meaning of ''action'' and ''proceeding'' and the differences between them); Boxxe Ltd v Secretary of State for Justice, Walton v Pickerings Solicitors (the calculation of time and the differences between issue and service); Lees v Kaye (what counts as ''personal injury''); Jalla v Shell, Honda Pension Trustees v Mercer Ltd (continuing torts); James v Scudamore (Laches).

 Clerk & Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law.

Key Features:

• Provides unrivalled breadth and depth of coverage on all areas of tort law
• Sets out the general principles of liability and causation
• Explains in detail general defences, such as claimant’s wrongdoing, consent and assumption of risk, exclusion of liability and miscellaneous defences
• Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from negligence to breach of statutory duty and professional liability, and from product liability and occupiers’ liability to employers’ liability and public service liability
• Deals with other important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass to land, from liability for animals to nuisance and Rylands v Fletcher, and from malicious falsehood to the economic torts
• Discusses statutory IP rights and passing of
• Includes fully updated and detailed chapters on defamation, breach of confidence and misuse of private information
• Deals extensively with damages and other remedies including injunctions
• Covers limitation periods in detail
• Considers all heads of liability with regard to the relevant human rights issues
• Takes full account of the effects of Brexit

The First Supplement to the Twenty-Fourth Edition brings the Main Work fully up to date with the latest developments (including, where appropriate, the fallout from the completion of the Brexit process). These include, among others:

In the Supreme Court:

• Armstead v Royal & Sun Alliance Insurance Co Ltd
• Paul v Royal Wolverhampton NHS Trust
• McCulloch v Forth Valley Health Board
• Jalla v Shell International Trading & Shipping Co
• HXA v Surrey CC
• Wolverhampton City Council v London Gypsies and Travellers
>

In other courts:

• Holmes v Poeton Holdings Ltd
• Bratt v Jones
• Keskinäinen Vakuutusyhtiö Fennia v Koninklijke Philips NV (C-264/21)
• Benyatov v Credit Suisse Securities (Europe) Ltd
• FXJ v Home Secretary

Other material:

• The new s.A7 of the Higher Education and Research Act 2017 on breach of statutory duty

Navigate the landscape of coronial law with Jervis on Coroners. This quintessential guide is the leading resource for anyone involved in a coroners inquest or investigation, taking you step-by-step through the practice and procedure. From the fundamental principles to the complexity of homicide cases, disasters, prescribed diseases and notifiable accidents, this work provides detail and insight across the full spectrum of issues that you might encounter.

Jervis on Coroners is more than just a reference its the key to understanding the nuances of this legal system and the specific powers and duties of the coroner. With a logical structure and all-angles approach it is essential reading for coroners, solicitors and barristers, local government officials and medical examiners. Secure your copy now to ensure that you are equipped with the expertise to handle even the most intricate of cases with confidence and authority.

• The authority on coronial law and its practice in coroner inquests and investigations.
• Consolidates all relevant procedures, rules, materials and legislation to deliver complete guidance on this legal system.
• Explains the classification, appointment and function of coroners and medical examiners and their territorial jurisdiction.
• Covers all matters relevant to beginning an investigation, outlining the basis for a coronial investigation and the required reports and certificates.
• Addresses the scope of an investigation and the four statutory questions: who died, how, when and where?
• Looks at issues of information and publicity such as disclosure, data protection, freedom of information, privilege and coroners powers to obtain such information.
• Guidance on procedures before an inquest, during the preliminaries and at the inquest itself.
• Commentary on special cases of homicide, notifiable accidents and prescribed diseases, treasure and major disasters.
• Outlines post-inquest matters including administration, fees, appeals and statutory and judicial review.
• Additional analysis of the international dimension of coroners and human rights.
• Accompanied with legislation, forms and precedents.

 The first supplement to the 31st edition of Wilkinson’s Road Traffic Offences brings the main work up to date to April 1, 2024 and deals with the developments in road traffic law since the publication of the 31st edition in 2023.

Coverage includes:

• Changes relating to electrically assisted pedal cycles and scooters;
• The amendments affecting entitlements to drive of those with EEA issued licences;
• Duties on drivers and operators of taxis or private hire vehicles in relation to passengers with disabilities;

In-depth commentary on latest case law including:

• KBC v Verzekeringen – legitimacy of excluding electrically assisted pedals cycles form the definition of a ‘motor vehicle’;
• R v ZA [2023] – approach to sentencing of young offenders;
• R v Butt and Jenkins [2023] and R v Clark [2023] – approach for a Crown Court dealing with errors arising from committal to that court;
• R v Norman [2023] – limits to issues on which an expert can give an opinion;
• R. v Janjua [2024] – approach to sentence where the driving is very bad and there are others offences committed;
• Hazard v Glasgow City Council [2023] and Commercial Plant Services [2023] – effect of defects in signage in relation to bus lanes and red route;
• Aviva Insurance Limited v Alistair McCoist and Another [2023] – meaning of giving permission to drive in the context of insurance;
• Royle and others v R [2023] – sentencing of those who have given significant assistance to the enforcement or prosecuting authorities;
• R. v Marshall [2023] – approach where there has been an interim disqualification on committal for sentence but sentencing takes place more than 6 months after that disqualification was imposed;
• Application of Miller v DPP [2004] in relation to whether delays attributable to the Covid pandemic can be ‘mitigating circumstances’ for the purposes of totting up disqualification.

About the editors:
Kevin McCormac, O.B.E., M.A. (General Editor) is a barrister and author of Archbold Magistrates’ Courts Criminal Practice. Wilkinson is also edited by Philip Brown, M.A., LL.B., solicitor and former Senior Traffic Commissioner; Malcolm Dodds, LL.M., Deputy District Judge (Magistrates’ Courts); and Nick Watson, O.B.E., LL.M., M.B.A., District Judge (Magistrates’ Courts).

This title provides you with all the guidance you need on the law governing the voluntary assignment of things in action. It covers the nature of assignment, equitable assignments, restrictions, priorities, liabilities, conflict of law and more. The commentary is clear and concise and follows the approach of titles such as Chitty on Contracts enabling you to find a statement of law and, for each issue or topic, the authority that supports it.

• Defines assignment before outlining and giving examples of choses in action, detailing the requirements for assignment and looking at the relationship of assignment and other transactions.
• Examines the law of assignment under section 136 of the Law of Property Act 1925.
• Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose.
• Deals with restrictions on assignment and covers contractual terms forbidding assignment, prohibition by statute or public policy and personal contracts and covenants.
• Discusses the position of creditors, trustees in bankruptcy and personal representatives of the assignor and the liquidator of an assignor company.
• Analyses the problems associated with priorities including those between competing assignees, competing holders of interests in shares and an assignee and a chargee under a charge created by a company.
• Considers special priority rules and variation of priorities.
• Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer.
• Reviews available financing devices, factoring, block discounts and securitisation.
• Looks at situations where there is assignment of obligations or liabilities.

The fifth edition has been comprehensively updated throughout to ensure you have the latest guidance at your fingertips. Key changes include new discussions on whether a contract reflects a single chose in action or a bundle of choses and an examination of the distinctions between an intention to assign and contractual intention. It also addresses whether the debtor or obligor has a right to sight the assignment.

Other new features of this edition include:

• Additional new commentary on the redaction of documents relied on in court; the effects of backdating an assignment; the doctrine of relation on the assignees interest before the chose is assigned; whether termination of a contract affects a non-assignment clause; and priority between beneficiary under a trust and assignee of the trustee.
• Expanded commentary on relief by way of interpleader; agreements to assign an existing chose in the future; form of writing for equitable assignments of equitable choses; prohibitions on assignment; marshalling; abatement; and equitable set-off.
• Updated with new UK case law including: Promontoria (Oak) Ltd v Emanuel [2021] EWCA Civ 1682, [2022] 1 WLR 2004; Hudson v Hathway [2022] EWCA Civ 1648, [2023] K.B. 345; Farrar (Deceased) v Miller [2021] EWHC 1950 (Ch); Farrar v Miller [2022] EWCA Civ 295; Re Smith [2021] EWHC 1272 (Comm); LA Micro Group (UK) Ltd v LA Micro Group Inc [2023] EWCA Civ 214, [2024] Ch. 1; Phoenix Group Foundation v Harbour Fund II LP [2023] EWCA Civ 36; Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5; and Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd [2022] EWHC 3275 (TCC), 206 Con. L.R. 40
• Relevant cases from other jurisdictions including: Re O''Hara-Tucker [2022] VSC 572 (Australia); Billabong Gold Pty Ltd v Vango Mining Ltd (No. 2) [2023] WASCA 58 (Australia); Winland Finance Ltd v Gain Hero Finance Ltd [2022] HKCFA 3 (Hong Kong); and Gravitas International Associates Pte Ltd v Invictus Group Pte Ltd [2022] SGHC 2 (Singapore).

Now in its 15th edition (first published 40 years ago), Documentary Evidence prides itself on being up to date. In the fast-moving world of civil procedure, and the vast amount of caselaw on disclosure and privilege, it is rewritten on a three-year cycle.

The book is a comprehensive guide to the legal obligations of disclosure. Logically presented and lucidly written, it provides detailed analysis and sensible practical advice. Following a chronological structure, it shows when and how a practitioner should take action in relation to the obligation to disclose. It is a standard work that is often cited in court judgments.

Under the Civil Procedure Rules the parties to an action are encouraged to adopt a cards-on-the-table approach toward the exchange of information, not just once litigation has commenced but before as well. It is likely in the early stages that a few documents will be identified as being relevant or key to the matter at hand. These will be used to provide advice as to the merit or not of proceeding with the dispute. If the decision is taken to proceed, the law imposes a requirement to make full and proper disclosure, which is the process whereby the parties to an action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. This title deals with the nature and scope of the obligation to disclose.

Documentary Evidence:

• Provides a comprehensive guide to the principles, obligations and protections of disclosure, legal professional privilege and other aspects of evidence in the form of documents
• Authored by a renowned KC, provides detailed analysis, practical advice and robust views often derived from cases in which he has been personally involved
• Is regularly cited in court, most recently in Al Sadeq v Dechert LLP [2024] EWCA Civ 28, JSC Commercial Bank Privatbank v Kolomoisky [2022] EWHC 868 (Ch), and Recovery Partners GP Ltd v Rukhadze [2021] EWHC 1621 (Comm)
• Discusses in depth the key principles and problem areas of disclosure, and how to raise, or combat, the available defences against it
• Is logically structured by following in chronological order the steps taken in conducting a case, showing the practitioner when and how to take action at each stage
• Advises on how to obtain, assess and manage the documents needed and how to identify the key issues
• Discusses how practices have changed consequent to the fact that most disclosure is now electronic disclosure and the challenges and opportunities presented by this
• Analyses the extent of the powers of regulatory or public bodies to obtain or disclose documents
• Discusses how the Civil Procedure Rules have affected the position on disclosure in important respects from pre-action protocols and powers, to objections to disclosure and inspection, to the practicalities and problem areas of CPR disclosure, to the failure and abuse of disclosure obligations
• Sets out the rights of access to documents, including those held by companies, trusts, partners, receivers and agents, as well as access to court documents, and the means by which data can be accessed
• Explains fully the multi-faceted nature of legal professional privilege what rights different types of privilege provide, their breadth and limits, when and how to claim or waive them
• Explains the courts power to exclude documentary evidence
• Describes the issues and obligations of confidentiality, including the development of the collateral undertaking, or proscriptions against the misuse of information obtained through disclosure, both prior to and under the CPR
• Discusses how to deal with international elements of a case, such as witnesses out of the jurisdiction, evidence in the jurisdiction for foreign proceedings, discovery proceedings abroad, documentary orders against foreign entities, the powers of and principles applied to by the English court, the application of foreign law, etc.
• Includes individual chapters on Witness statements and other written evidence; Expert reports; The Civil Evidence Act 1995; and Powers of Investigation

Whats new for the 15th edition:

• New jurisdictional gateway available for Norwich Pharmacal applications from 1 October 2022 and new Norwich Pharmacal caselaw on multi-jurisdictional applications: Green v CT Group Holdings Ltd 2023 EWHC 3168 (Com)
• Applications out of the jurisdiction for non-party disclosure: Gorbachev v Guriev 2023 2WLR 1
• Iniquity exception and implied waiver: Candey v Bosheh 2022 4WLR 84.
• Standard of proof for iniquity exception and litigation privilege for non-parties: Al Sadeq v Dechert 2024 EWCA Civ 28
• Scope of litigation privilege: Loreley Financing v Credit Suisse Securities (Europe) 2022 EWCA Civ 1484
• Disclosure regimes: separate chapters on PD57AD (successor to the disclosure pilot), CPR 31, and new chapter on other forms of disclosure
• Latest authority on practical control for disclosure purposes
• Disclosure and devices of ex-employees: Various Airfinance Leasing Comaines v Saudi Arabian Airlines Corp 2022 1 WLR 1027, Republic of Mozambique v Credit Suisse International 2022 EWHC 3054 (Comm)
• New authorities on shareholder privilege: Various Claimants v G4S plc 2023 EWHC 2863 (Ch)
• Document destruction: EDF Man V Come Harvest 2022 EWHC 229 (Comm), Giddens v Frost 2022 EWHC 1022 (Comm)
• Latest authority on PD57AC (witness statements): MAD Atelier International BV v Manes 2021 EWHC 1899 (Comm), Mansion Place Ltd v Fox Industrial Services Ltd 2021 EWHC 2747 (TCC)
• Creation of Hollander Orders concerning redactions following JSC Commercial Bank Privatbank v Kolomoisky [2022] EWHC 868 (Ch) and Recovery Partners GP Ltd v Rukhadze [2021] EWHC 1621 (Comm)

 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 60 years. Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles of damages to specific heads of damages and the operation of damages in many specific areas of law.

• Clarifies complex areas including loss of a chance, mitigation, causation, and exemplary damages
• Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages
• Includes consideration of the operation of money awards in equity including equitable damages, equitable compensation and disgorgement of a defendant''s profits
• Examines specific issues as periodical payments, breaches of undertakings as to damages, damages, and interest on damages
• Goes through the 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 22nd edition contains a number of significant new features:

• Each and every chapter of the book''s chapters has been updated and many have been very substantially revised.
• An entirely new chapter on Equitable Damages, featuring the operation of damages awarded under s 50 of the Senior Courts Act 1981 (commonly described as Lord Cairns'' Act damages) as well as the different types of equitable compensation and how they differ from "equitable debt".
• Coverage of significant recent case law developments in the law of damages including: Lloyd v Google LLC [2021] UKSC 50; [2022] AC 1217 (data protection and licence fee damages) Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20; [2022] AC 783 and Meadows v Khan [2021] UKSC 21; [2022] AC 852 (scope of a defendant''s duty and remoteness of damage); Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1; [2021] AC 649 and Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB) (causation of loss); K Line Pte Ltd v Priminds Shipping (HK) Co Ltd ("The MV Eternal Bliss") [2021] EWCA Civ 1712; [2022] 3 All ER 396 (demurrage); Henry v Attorney-General of St Lucia [2023] UKPC 41, R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin) and Oluponle v Home Office [2023] EWHC 3188 (KB) (false imprisonment); Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6 and Charles B Lawrence & Associates v Intercommercial Bank Ltd [2021] UKPC 30 (remoteness of damage); E D & F Man Capital Markets Ltd v Come Harvest Holdings Ltd [2022] EWCA Civ 1704 (mitigation of loss); Attorney General of Trinidad and Tobago v JM (a minor by his kin and next friend NM) [2022] UKPC 54 (vindicatory damages); Arsalan v Rixon [2021] HCA 40; (2021) 274 CLR 606 (damage to goods); Tuke v Hood [2022] EWCA Civ 23; [2022] QB 659 (deceit); Swift v Carpenter [2020] EWCA Civ 1295; [2021] QB 339 (personal injury).
• Explanation of the various ranges of damages for false imprisonment, defamation, harassment and misuse of private information.
• Attention to recent legislative amendments and important decisions in jurisdictions other than England and Wales, particularly Northern Ireland, Scotland, Australia, Canada, and the United States.
• Discussion and explanation of significant developments in relation to damages for personal injury, professional negligence, breach of privacy and misuse of private information, defamation, consequential loss and indemnity clauses, economic loss, aggravated and exemplary damages, vindicatory damages and many more.

Now in its twentieth edition, Terrell on the Law of Patents has been the leading authority on UK patent law since 1884. It provides the most detailed and authoritative commentary on law, practice and procedure comprehensively covering every stage from application to infringement. It advises on the fundamental aspects of patent law as well as more specialist issues such as FRAND and SPCs. Regularly cited in court, Terrell continues to set the standard by which others are compared and is an essential reference to keep you up to date with the very latest patent law developments.

• Includes the most significant and relevant case law from all levels of the UK Courts, the European Patent Office, the UK Patent Office and the Appeals Boards.
• Explains 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?
• Discusses how to apply for a supplementary protection certificate, the conditions for granting SPCs and their effects.
• Covers FRAND licensing, undertakings and the nature and scope of obligations.
• Outlines the grounds for revocation as defined by the Patents Act 1977.
• Looks at 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.
• Commentary on second medical use claims, human genome sciences and central amendments to patents.
• Explains compulsory licenses and licenses of right.
• Includes a new chapter on plausibility, discussing the criterion for a valid patent claim and addressing the questions: what is the standard of plausibility and what must be rendered plausible?
• Another new chapter on defences to infringement, examining the distinction between statutory and non-statutory defences as well as infringement with respect to the European Patent Convention, Patent Co-operation Treaty and Community Patent Convention.

Formation and Variation of Contracts deals with topics fundamental to the question of enforceability of promises made and how contracting parties can ensure their transactions are legally effective.

FEATURES:

• Draws together in single volume key issues relating to the formation and variation of contracts, focusing on the rules for their existence and validity
• Brings together topics which are of fundamental importance to practitioners advising on the negotiation or validity of contracts, but on which there is no up-to-date specialist work
• Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from developments being made in other legal systems
• Highlights areas of contract law where there is likely to be significant debate about possible development in the coming years
• Provides a perspective on the rules for the formation of contracts from an international and comparative dimension
• Includes discussion throughout the book of difficult issues relating to contract formation as they arise in practice
• Part I is devoted to pre-contractual negotiations (including remedies where negotiations fail to reach agreement) and finding the agreement through offer and acceptance
• Part II is devoted to formalities, both in general and in contract in particular, including contracts for the sale of land, consumer contracts, contracts of guarantee and deeds
• Part III is devoted to the requirement of consideration (which gives contract its character as a bargain in the common law), both in the formation of a contract, and in the variation of an existing contract
• Part IV is devoted to promissory estoppel, both its traditional role in the modification of a contract and its potential to develop in English law (noting how other common law jurisdictions such as the US and Australia have developed it)

NEW TO THIS EDITION:

Professor Cartwright considers all relevant recent developments, including:

• the developing case law on duties of good faith in negotiation or renegotiation of contracts, noting particularly recent decisions through which the English courts may be becoming more open to giving effect to an express obligation to negotiate or renegotiate in good faith, whilst not accepting a general implied duty to negotiate or renegotiate in good faith;
• cases on the scope of a claim in unjust enrichment where the negotiations for a contract break down, intention to create legal relations, certainty of agreement, formation of the contract following a battle of forms between the parties negotiating a contract, establishing the parties agreement to the variation (including by novation) of an existing contract, and applying the doctrine of consideration;
• the continuing discussion about the role of emerging technologies in the formation of contracts, including recent work by the Law Commission and other agencies on smart legal contracts;
• cases on the interpretation and application of statutory formality requirements for contracts and deeds, and the use of doctrines of estoppel and constructive trust to give effect to transactions which fail to comply with formality requirements;
• the continuing reception (both positive and negative) by case law and commentators in England and in other common law jurisdictions of the decision of the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd (2018) in relation to the binding force of no oral modification clauses;
• the significance for topics discussed in the book of the withdrawal of the United Kingdom from the European Union; this includes changes made to the EU law retained within English law after the end of the EU withdrawal agreement implementation period, and the impact of the Retained EU Law (Revocation and Reform) Act 2023 and other legislation, already passed or currently in progress or planned, to remove legislative provisions which derive from EU law.

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

New to this supplement

The First Supplement to the Twentieth Edition covers all the latest developments in the law of evidence since publication of the Twentieth Edition in December 2021. These include important decisions on admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues. The supplement also considers important decisions from the Supreme Court and Court of Appeal such as R. v Carlos Wright [2022] EWCA Crim 1722, and AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16 to name a few.

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Hollington on Shareholder''s Rights provides guidance for readers on the statutory remedies for the protection of minority shareholders with coverage/guidance also of articles of association and shareholders'' agreements; the fiduciary duties of directors; restrictions on the power of the majority under general principles of equity and the principles of partnership law (such as good faith) which have been adopted in company law.

The new edition references the multitude of cases (particularly appellate) decided in the common law world and other developments since the last edition, requiring substantial rewriting of the text on many topics. Highlights are:

• Majority Rule- review of principles of abuse and excess of power and fraud in equity principles in Grand View Private Trust [2022] UKPC 47
• Bargain between shareholders - Re Compound Photonics Group Ltd [2022] EWCA Civ 1371 (contractual duty of good faith); Barton v Morris [2023] UKSC 3 (contractual interpretation, express and implied terms); Tulip Trading Ltd v Bitcoin Association for BSV [2023] EWCA Civ 83 (fiduciary relationships)
• Directors duties- BTI 2014 LLC v Sequana SA [2022] UKSC 25 and Stanford International Bank Ltd. v HSBC [2022] UKSC 34 (interests of creditors); ClientEarth v Shell [2023] EWHC 1137 and 1187 (Ch) (interests of members as a whole; derivative claim); duty to act for proper purpose where purposes mixed; Burnell v Trans-Tag Ltd Anor [2021] EWHC 1457 (Ch) (the leaving director)
• Derivative claims- McGaughey v Universities Superannuation Scheme Ltd [2023] EWCA Civ 873 (common law derivative claims and fraud on minority); changes to CPR 19; Boston v Szerelmey [2020] EWHC 1136 (Ch), [2020] EWHC 3042 (Ch) and [2022] EWHC 2849 (Ch) and Leslie v Ball [2023] EWHC 1771 (Ch) (costs indemnity)
• Unfair Prejudice Principles - Re Compound Photonics Group Ltd [2022] EWCA Civ 1371; Financial Technology Ventures II (Q) LP v ETFS Capital Ltd [2021] JCA 176; Chu v Lau [2020] UKPC 24 (breakdown of trust and confidence; exclusion from management); Ming Siu Hung v JF Ming Inc [2021] UKPC 1 and Kwik v Yao [2022] UKPC 52 (ignoring minority; appeals; remedy); Re Coinomi Ltd [2022] EWHC 3178 (Ch) (relationship with derivative claim); FamilyMart China Holding v Ting Chuan [2023] UKPC 33 (ouster of court by arbitration agreement)
• Unfair Prejudice Remedies- Ming Siu Hung v JF Ming Inc [2021] UKPC 1 (share purchase order); Otello Corp ASA v Moore Frres and Co LLC [2020] EWHC 3261 (Ch), Smith v Smith [2022] EWHC 1035 (Ch), Re Cardiff City Football Club (Holdings) Ltd [2022] EWHC 2023 (Ch), Krishna Holdco Ltd v Gowrie Holdings Ltd [2023] EWHC 1538 (Ch) (discount for minority shareholding)
• Just and equitable winding up - Chu v Lau [2020] UKPC 24; Ming Siu Hung v JF Ming Inc [2021] UKPC 1; Duneau v Klimt Invest SA Plc [2022] EWHC 596 (Ch) (loss of substratum)
• Personal rights - Broadcasting Investment Group Ltd v Smith [2021] EWCA Civ 912, Allianz Global Investors GmbH v Barclays Bank plc [2022] EWCA Civ 353, Burnford v Automobile Association Developments Ltd [2022] EWCA Civ 1943 (reflective loss); Rossendale BC v Hurstwood Properties [2021] UKSC 16 (piercing the corporate veil)
• Miscellaneous rights the Take-Private merger and consolidation process under ss. 232-239 of the Cayman Islands Companies Act is now covered in detail, particularly for the light it sheds on share valuation methodology, practice and procedure.

Dicey, Morris Collins on The Conflict of Laws is renowned worldwide as the foremost authority on private international law. It explains the rules, principles and practice that determine how the law of England Wales relates to other legal systems. Its commentary, Rules and illustrations, with detailed reference to international conventions, legislation and case law, ensures it remains an indispensable tool for practitioners engaged in cross-border matters.

Across two volumes and a Companion Volume, it contains high-quality and detailed analysis. Volume 1 deals with general principles, the effects of withdrawal by the United Kingdom from the European Union, foreign affairs and the conflict of laws, procedural issues relating to international litigation, jurisdiction, recognition and enforcement of foreign judgments and arbitration. Volume 2 deals with a number of specific areas of law. It addresses family law, property law, succession and trusts, corporations and insolvency and the law of obligations. A Companion Volume considers in greater detail the transitional issues arising from the United Kingdoms withdrawal from the European Union and the relevant EU legislation in a number of key areas.

The First Supplement to the 16th Edition brings the Main Work up-to-date. It deals with all developments since the publication of the Main Work.

Important developments considered in the First Supplement to the 16th Edition include:

• Detailed commentary on the revisions to the grounds for service out of the jurisdiction applicable from October 1, 2022.
• All the many new High Court and appellate cases on jurisdiction and enforcement of foreign judgments.
• Authorities on the enforcement of arbitration agreements.
• Analysis of new authorities on foreign affairs and the conflict of laws.
• Important new decisions on aspects of cross-border family law.
• New decisions on the interpretation of the rules on choice of law for contractual and non-contractual obligations and property.
• Consideration of case law on transitional issues arising following the withdrawal by the United Kingdom from the European Union.

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