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Goode and Gullifer on Legal Problems of Credit and Security 7th Edition

Goode and Gullifer on Legal Problems of Credit and Security clearly explains the fundamental concepts of common law and equity as they affect secured transactions.
 
This book, now in its 7th edition, provides a thorough yet concise explanation of the law of credit and security enabling the reader to understand how the underlying principles apply to different transactions.
 
Edited by Professor Louise Gullifer, the book defines how security can be relied upon as part of a credit agreement and explain key concepts such as attachment, set-off, fixed and floating charges and financial collateral.
Goode and Gullifer on Legal Problems of Credit and Security:
  • Explores the fundamental concepts of the law affecting secured transactions
  • Illuminates the law of credit and security so that complex, technical areas can be more readily understood
  • Outlines the different forms that credit and security can take
  • Provides deep analysis of the legal principles where the law is unclear
  • Addresses the legal implications of changes in the organisation of the credit and security market
  • Covers case law and legislative developments as well as international conventions and European Community Directives
 
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Tudor on Charities 11th Edition

This leading work on the law of charities, written by expert practitioners, has been completely updated to take account of all the changes in legislation and case law since the supplement to the previous edition was published in 2018.
 
Some of the key recent developments covered include:
  • The Charities Act 2022, implementing most of the Law Commission's recommendations in its 2017 report, Technical Issues in Charity Law.
  • A large number of judicial decisions, on issues such as the duties of members of a charitable company limited by guarantee and the court's power to direct such a member in the exercise of their voting powers; the scope of permissible discrimination in the provision of benefits by a charity under the Equality Act 2010; mandatory relief from non-domestic rates and the public benefit requirement; the meaning of "charity proceedings" under the Charities Act 2011, s.115; whether a charitable trust was created over land acquired by a local authority; and charity trustees' powers of investment, in particular whether trustees are bound to exclude investments that conflict with their charitable purposes.
  • Expanded coverage of standing to bring claims to establish the existence of charitable trust, and the common law of standing to bring claims for breach of charitable trust.
  • Enhanced coverage of various descriptions of charitable purpose, including the advancement of religion and the advancement of education.
  • New sections on charity trustees' duties to operate charities to advance public benefit, and trusts in general terms of the benefit of a locality/country.
  • Expanded discussion of the courts relative leniency to charity trustees.
 
 
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Discrimination at Work 2022

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.

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English Legal System - The Fundamentals 5th Edition

Legal System Fundamentals
English Legal System - The Fundamentals guides you through the central principles of this core subject, using accessible language and helpful features to provide you with a clear understanding of the English legal system.
  • Each chapter opens with a bulleted outline of the main concepts and ideas
  • Key extracts are boxed and case names are highlighted to make research easy
  • "Over to you" boxes encourage critical thinking
  • Diagrams, charts and grids break down complex legal principles
  • "Hear from the Author" boxes provide links to additional resources online
  • Each chapter closes with a summary recapping the main points
  • "Key Cases" grids provide a summary of all the key cases discussed in the chapter, and their salient points
  • Further reading tips help you to broaden your perspective
  • End of chapter questions allow you to test your knowledge
  • Covers all topics likely to be studied at undergraduate level, on Diploma in Law (CPE) programmes and ILEX
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McEldowney: Public Law 5th Edition

Public Law Textbook
Public Law presents an accessible and current picture of Constitutional and Administrative law and is ideal for those approaching the subject for the first time. The text succinctly covers all the major fundamental constitutional reforms while also outlining the historical context of the subject, allowing you to see the inner workings of Public Law.
 
Public Law is an essential textbook for those studying law at degree or graduate diploma level. Its clarity and comprehensive coverage also make it an indispensable resource for those on modular or PGDL courses.
 
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Pitt's Employment Law 12th Edition

Employment Law textbook

 

Set in the context of experience in the workplace as well as within the wider social and political framework, Pitts Employment Law provides a clear and succinct account of employment law and industrial relations law. The work is written in a straightforward and engaging style, making it easy for students to understand the topic and grasp difficult concepts. The work provides a lively and thought-provoking account of key topics, explaining significant cases from the British courts, the Court of Justice of the European Union and the European Court of Human Rights, enabling the reader to grasp the subject as a whole.
 
New to this Edition:
  • Covid-19 and its continuing effects on employment law
  • Evolving case law on the equalities
  • A new Employment Bill? Prospects for reform
  • The impact of Brexit as the dust settles
  • Case law developments on unfair dismissal, trade union rights and contracts of employment
 
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Central Issues in Jurisprudence: Justice, Law and Rights 6th Edition

Jurisprudence textbook
 
Central Issues in Jurisprudence is a clear introduction to the major theories and arguments which currently dominate discussion in jurisprudence. The work enables students to read the original writers with a real understanding of how the theories relate to each other, and how these theories cluster around certain fundamental issues.
 
Combining lucid exposition with commentary, the authors' provide a penetrating analysis of each theory examined, and a deep understanding of the problems addressed. Coverage includes:
  • Utilitarianism
  • Rawls
  • Nozick
  • Finnis
  • Hart
  • Dworkin
  • Fuller
  • Rights
Central Issues in Jurisprudence remains the ideal starting point for anyone who wants to get to grips with this demanding but rewarding subject. Readers benefit from the authors' ability to make the subject accessible, without over-simplification.
 
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Commercial Law 10th Edition

Commercial Law Textbook
Commercial Law presents a clear and detailed account of commercial law, covering the fundamental principles and how the law works in practice. The work concentrates on those topics common to the majority of undergraduate law courses such as sale of goods, consumer credit and agency.
In addition, Commercial Law:
  • Includes topical and relevant practical examples to help draw out key principles
  • Uses introductions to parts to link the law into its wider context
  • Contains references to further reading and web-based sources at the end of each chapter to enable further study of the subject
Commercial Law is an essential textbook for those studying law at degree or graduate diploma level. Its clarity and comprehensive coverage also make it an indispensable resource.
 
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Schemes of Arrangement in Corporate Restructuring 3rd Edition

Pilkington on Creditor Schemes of Arrangement and Restructuring Plans provides in-depth guidance on the legal principles, formal procedures and practical issues which underpin the use of schemes of arrangements and the new restructuring plan option as used in complex financial restructurings. The expert author team at White Case, under Christian Pilkington, cover the subject in full, taking in its development and the fundamental principles of its use as a restructuring tool, alongside key subjects such as jurisdiction, class composition issues and foreign recognition. Practical in its focus, the book provides not only diagrams and flowcharts which summarise complex processes but also case studies to illustrate different types of schemes of arrangement and explain some of the most high-profile international restructurings of recent years.
Schemes have become instrumental in the restructuring of UK and overseas-incorporated companies, and can still be recognised in different European jurisdictions even after Brexit. This combined with the new restructuring plan that builds on the scheme idea (and was introduced by CIGA 2020) make Pilkington an essential text for your insolvency library.
The 3rd edition:
  • Explains the different types of restructuring schemes available and how they interact with the new restructuring plan introduced by CIGA 2020
  • Features extensive analysis, precedent material and detailed case studies of schemes in operation
  • Deals with the complex cross-border and jurisdictional issues facing practitioners
  • Includes analysis of all key cases since the last edition and evaluates recent trends in scheme jurisprudence
  • Considers the post-Brexit use of schemes in international restructurings
  • Provides a comparative analysis with similar cram-down procedures in other jurisdictions
New to the 3rd edition:
  • New content on restructuring plans, and how existing caselaw on schemes can be adapted and used in plans, plus analysis of the most important restructuring plans applied to date
  • Analysis of the recent decisions including the first restructuring plans
  • New case studies, and a review of the availability of schemes and plans after Brexit
  • Considers all the key cases since the last edition, including (but not limited to):
    • Re Noble Group [2018] EWHC 2911
    • Re DTEK Energy BV [2021] EWHC 1551 (Ch)
    • Re ALL Scheme Ltd [2021] EWHC 1401 (Ch)
    • Re Provident SPV Ltd [2021] EWHC 2217 (Ch)
The new and expanded 3rd edition of Schemes of Arrangement in Corporate Restructuring is an in-depth and practical text, meaning the answers you require are easily found and applied to your everyday tasks. The expertise of the authors ensures that even the most complex aspects of the subject are confidently navigated. It is the indispensable guide to any question of corporate restructuring.
 
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Class Actions in England and Wales 2nd Edition

Class Actions in England and Wales provides essential reference for practitioners looking to bring or defend class action litigation in the courts of England and Wales. This is an increasingly important area of law and procedure, with growing numbers of high-value and high-profile claims being brought by large groups of claimants.
 
The text begins with an overview of the development of class action mechanisms in England and Wales. It then looks at when the English courts will have jurisdiction over collective claims, as well as the challenging issues of applicable law and enforcement of judgments that arise in this context. In a practical and comprehensive manner, it then takes the reader through each stage of the group litigation process, from commencement and conduct to trial and settlement, also addressing issues relating to costs and the important question of how such actions can be funded. Throughout the text, the discussion is illustrated by examples of decisions the courts have reached in practice.
 
Coverage draws on applicable procedural rules, legislation, case law, comparative analysis and the authors own experience of class action litigation.
The text examines specific types of class actions that have become more prevalent in recent years, particularly shareholder/securities claims, environmental/human rights-based claims against businesses, competition claims and, new for this edition, product liability, data, and employment actions. Also new for this edition is a chapter dedicated to insurance, including both insurance cover relevant to class actions and class actions relating to insurance.
 
The second edition of this seminal work:
  • Adds four new chapters on specific areas of law: insurance, product liability, data class actions and employment;
  • Updates the text throughout to reflect case law and developments since publication of the first edition;
  • Contains further detail on the representative action procedure under CPR 19.6, and the circumstances in which it may be used in the light of the Supreme Court's decision in Lloyd v Google;
  • Completely overhauls the chapter on jurisdiction, choice of law and the recognition and enforcement of judgments to take account of the significant impact of Brexit;
  • Adds a particularly large volume of new content to the chapter on competition claims, relating to the Supreme Court's judgment in Merricks v MasterCard and the subsequent decisions in a number of cases that had been on hold while the Supreme Court's judgment was awaited;
  • Revises substantially the chapter on environmental and human rights-based claims to reflect the Supreme Court's decisions in Vedanta and Okpabi, as well as the impact of Brexit;
  • Updates the chapter on shareholder actions to reflect the decision in the Lloyds/HBOS litigation, which was the first in a shareholder class action in this jurisdiction, and the decision in the Autonomy litigation, which is significant in particular in relation to claims under s.90A of the Financial Services and Markets Act 2000.
Features of the book include:
  • Coverage of various class action procedures and funding, conduct, trial and settlement
  • An examination of specific types of class actions in specific areas of law, such as shareholder claims; human rights and environmental claims, and competition claims plus, new for this edition, insurance, product liability, data breaches and employment claims
  • The main causes of action are examined for shareholder claims in England and Wales as well as the impact of regulatory action
  • The text covers the basis of claims relating to human rights and environmental issues, looking at the impact of increased scrutiny of human rights and environmental compliance and relevant international laws and principles
  • An investigation of competition claims in the light of the Consumer Rights Act 2015, brought into force in October 2015 - as well as safeguards to avoid frivolous or unmeritorious claims and opt-out collective settlement or voluntary redress schemes
  • The text draws on applicable procedural rules, case law, comparative analysis and the authors' own experience of class action litigation
  • It gives an overview of class actions, including the definition of a class action, the procedures for the grouping of claims and the distinction between opt-in and opt-out claims
  • It outlines the principles relating to jurisdiction, choice of law and enforcement of judgments in England and Wales, how they have changed in the light of Brexit, and how they apply in group action context
  • The text looks at the participation of foreign claimants and the enforcement of foreign class action judgments or settlement
  • It explains how to commence and conduct a group action, including case management, disclosure and evidence, giving examples of cases
  • It outlines the trial, judgment and settlement processes of a group action, looking at practical issues
  • Costs and third party funding of group actions are explained
 
The Digital Estate 2nd Edition

The Digital Estate provides an analysis of the rights and liabilities associated with digital information passing from, to and through computing and other devices owned and controlled by fiduciaries, including trustees, personal representatives, lasting and other attorneys.
 
Key Features:
  • A practical guide to the administration of digital assets
  • The book provides an analysis of the rights and liabilities associated with digital information passing from, to and through computing and other devices owned and controlled by fiduciaries, including trustees, personal representatives, and lasting and other attorneys.
  • Provides practical solutions to the problems that the individual and his personal representatives may face in securing succession to assets and safe transmission of information that may otherwise be deleted, locked or lost.
  • Guides the practitioner through pre-death preventative measures relating to wills.
  • Considers the issues that arise when an individual who owns assets or stores information on-line, dies
  • Covers steps to be taken during probate for the administration of digital assets
  • Covers specific roles in administration including personal representatives, trustees and agents and attorneys
  • Includes clear practical guidance on the actions that should be taken or considered in the administration of digital information or assets including a useful section on drafting for the digital estate featuring precedents for will drafting, trusts and Lasting Powers of Attorney
  • Considers the issues relevant to trust investments in cryptoassets
  • Examines the principles of English law that define the proprietary nature of information, taking into account the approach to this issue in other jurisdictions, such as the United States, Australia and New Zealand
  • Identifies the property rights that are associated with information and examine their operation. These include intellectual property rights, contractual rights, and other rights, including to cryptoassets such as bitcoin and non-fungible tokens (NFTs)
  • Includes a straightforward technical explanations of relevant technologies including blockchains, Decentralised Finance (DeFi), and public/private key cryptography.
  • Investigates the principles applicable to the use of digital information that has no proprietary status.
  • Analyses the regulatory consequences of the control or use of digital information, including data protection, financial regulation and computer misuse.
  • Provides an analysis of the different approaches to determining the location of cryptoassets
  • Analyses the personal tax consequences of cryptoasset transactions and DeFi.
  • Examines the law around digital documents, and digital execution of documents, including developments arising as a result of the COVID-19 pandemic.
New to the edition:
  • Three new chapters on Distributed ledger technology, decentralised digital assets and decentralised finance.
  • New sections analyzing the application of property law to cryptoassets, examining the personal tax consequences of cryptocurrency and DeFi transactions, and considering the situs of cryptoassets
  • A considerable body of new case law and official reports that have emerged since the first edition such as Lloyd v Google LLC [2021] UKSC 50; Warner Music UK Ltd v TuneIn, Inc. [2021] EWCA Civ 441; Fetch.ai Ltd v Persons Unknown [2021] EWHC 2254 (Comm); Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 02 to name a few.
  • Recent legislative changes such as the General Data Protection Regulation and Data Protection Act 2018; Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020/952 and the Trade Secrets (Enforcement, etc.) Regulations 2018.
 
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Oil and Gas Production Contracts 2nd Edition

Oil and Gas Production Contracts, 2nd edition, provides a thorough and systematic analysis of each agreement, enabling you to advise on any contract during the production stage. Clause-by-clause commentary from energy experts gives indispensable insight into the function and features of each agreement.
 
The extensive practical experience of the editor and contributors provides you with a full understanding of the nature, purpose and terms behind each contract, as well as the pitfalls you need to watch out for.
  • Provides a detailed understanding of all the common production phase contracts
  • Analyses each clause systematically
  • Offers a valuable insight into the nature, purpose and consequences of each contract
  • Alerts you to the common pitfalls in each agreement
  • Offers practical advice and guidance which can be applied to all jurisdictions worldwide
  • Covers joint venture agreements in the production phase, including pre-unitisation and unitisation agreements
  • Explains background licensing and production sharing routines
  • Includes full coverage of contracts for services with third parties
A companion to Oil and Gas Exploration Contracts, 3rd edition, the Second Edition has been fully updated and also includes a new chapter on Upstream Oil and Gas Asset Purchase and Sale Agreements in the United States.
 
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The Law of Nuclear Energy 3rd Edition

Whatever area you work in development, finance or research this essential text helps you understand all aspects of the law of nuclear energy.
 
Part 1: Offers a comprehensive overview of nuclear law and nuclear power projects, providing a foundation upon which countries can establish or develop legislative frameworks and regulate nuclear power projects.
Part 2: Covers the development of nuclear power projects, providing, amongst other things, guidance on producing a tender document evaluating tenders, a review of the key provisions of a nuclear construction contract and an introduction to nuclear finance. It also has chapters covering the front and back end of the nuclear fuel cycle.
Part 3: Discusses small modular nuclear reactors (SMRs) and future issues in international nuclear energy law.
 
The text:
  • Overviews the legal aspects of establishing a nuclear power programme
  • Discusses how to properly implement the obligations contained in the international conventions at a national level
  • Describes the primary components of national nuclear law and regulation, including licensing and permitting
  • Examines key areas of nuclear law, such as nuclear liability, nuclear non-proliferation, nuclear safety and nuclear security
  • Considers how to develop nuclear power plant tenders and evaluate proposals
  • Describes different types of construction contracts and primary clauses, including dispute management and avoidance
  • Introduces nuclear finance and overviews nuclear power project risks and risk allocation
  • Describes the nuclear fuel cycle and discusses both the front and back ends of the cycle
  • Focuses on small modular nuclear reactors and their potential benefits and legal challenges
The 3rd edition has been updated throughout with highlights including:
  • Chapter 1 Updated in tandem with developments in the global climate change agenda and potential role of nuclear energy in meeting decarbonisation goals and commitments.
  • Chapters 4, 8 and 9 New content on utilisation of bilateral nuclear cooperation agreements and formation of strategic partnerships for nuclear new build.
  • Chapter 5 Expansion of content regarding preliminary considerations prior to drafting a national nuclear law.
  • Chapter 6 Expansion of content on structuring the nuclear regulatory body and its early activities. New content on Canadian Vendor Design Review within pre-licensing activities.
  • Chapter 7 Revisions to account for the entry into force of the 2004 Protocols to the Paris Convention and Brussels Supplementary Conventions on 1 January 2022. New content on considerations for governments with respect to becoming a party to an international nuclear liability regime and how to select the optimal convention/combination of conventions.
  • Chapter 11 Developments in sustainable finance impacting nuclear energy projects.
  • Chapter 14 Revisions to account for developments in the vendor market. New content on SMR licensing approaches.
 
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Misrepresentation, Mistake and Non-Disclosure 6th Edition

This title explains in detail the doctrines of misrepresentation, mistake and non-disclosure as they affect the validity of contracts. It analyses the consequences of each, focusing in particular on the remedies available to parties in each case.
 
MAIN FEATURES
  • Provides detailed guidance on how to tackle questions relating to misrepresentation, mistake and non-disclosure, whether at the stage of drafting contracts, or in resolving disputes over contracts affected by these issues.
  • In distinct sections, focuses on the nature of the defects in the formation of the contract as a result of misrepresentation, mistake and non-disclosure, and offers practical solutions.
  • Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representors state of mind, reliance and causation; exclusion and limitation of liability, and practice and procedure.
  • Details the remedies available in cases of misrepresentation and the requirements for each remedy: rescission of the contract; liability in tort (deceit and negligence); statutory liability; breach of contract.
  • Covers the different types of mistake that can affect the validity of a contract and the available remedies.
  • Explains the (exceptional) circumstances in which a party has a duty of disclosure in negotiating a contract, and the remedies for breach of the duty.
NEW TO THIS EDITION
Takes into account all the major developments in case law in these areas, including decisions of:
  • The Supreme Court in Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd (2019: defence of illegality and attribution of directors fraud to company); Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners (2020: mistake of law and limitation); Grondona v Stoffel Co (2020: defence of illegality); Marex Financial Ltd v Sevilleja (2020: reflective loss); Manchester Building Society v Grant Thornton UK LLP and Meadows v Khan (2021: negligence, including scope of duty of care); Triple Point Technology Inc v PTT Public Co Ltd (2021: exclusion clauses);
  • The Court of Appeal in Glossop Cartons and Print Ltd v Contact (Print and Packaging) Ltd (2021: measure of damages in deceit); IGE USA Investments Ltd v Revenue and Customs Commissioners (2021: rescission for misrepresentation and application of the Limitation Act 1980 by analogy to bar rescission); Manek v IIFL Wealth (UK) Ltd (2021: deceit); Tuke v Hood (2022: deceit); SK Shipping Europe plc v Capital VLCC 3 Corp (2022: implied representation and rescission); and
  • The High Court in Vald Nielsen Holding A/S v Baldorino (2019: deceit); SK Shipping Europe Plc v Capital VLCC 3 Corp (2020: affirmation; Misrepresentation Act 1967 s.2(2)); Elston v King (2020: mistake); Leeds City Council v Barclays Bank plc (2021: misrepresentation and reliance; affirmation as a bar to rescission); Wiggin Osborne Fullerlove v Bond (2021: implied representations); Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP (2021: costs in action based on fraud); PCP Capital Partners LLP v Barclays Bank (2021: costs in action based on fraud); McFarland-Cruickshanks v England Kerr Hands Solicitors Ltd (2021) and McClean v Thornhill (2022: scope of barristers duty of care); Pisante v Logothetis (2022; deceit); and Abu Dhabi Commercial Bank PJSC v Shetty (2022: operation of Statute of Frauds Amendment Act 1828).
 
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Colinvaux's Law of Insurance 13th Edition

For comprehensive and clear guidance on insurance contract law you need Colinvauxs Law of Insurance. It takes a detailed look at three distinct areas: the insurance contract, the different parties involved and the features of special types of insurance contract in the UK. The commentary expertly examines the key principles, rights and issues and is supported with analysis of the most recent and significant case law.
 
The thirteenth edition sees key updates, including:
  • The commentary on business interruption insurance has been greatly expanded to include the latest COVID-19 litigation.
  • The chapter on conflict of laws has been redrafted to take account of the effect of Brexit on jurisdiction.
  • The discussion of motor insurance discusses important legislative changes, particularly in light of Brexit
  • The rewriting of sections on insurable interest indemnity, subrogation and late payment of claims.
 
It is available in print, online on Westlaw UK and as an eBook on ProView and updated annually to ensure you are always up to date. Key features include:
  • Extensive commentary on the construction of insurance policies to help explain issues such as risk, utmost good faith, insurable interest, the premium, claims and loss.
  • Addresses the roles of the different parties involved, including intermediaries, as well as the regulation of insurers.
  • Looks at nine special types of insurance contract: reinsurance, life and accident, property, liability, third party, motor vehicle, financial, marine and war risks.
  • Sets out the rules governing insurance contract wording and phrasing.
  • Includes a dedicated chapter on the rights of insurers.
  • Discusses the insolvency of insurance companies and relevant proceedings, as well as the protection of policyholders.
  • Analyses the most important cases, legislation and regulation.
  • Provides an international dimension with analysis of significant Commonwealth decisions that are affecting the English courts.
  • Supplemented annually to ensure the text is always up to date.
 
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Contractual Duties: Performance, Breach, Termination and Remedies 3rd Edition, 1st Supplement

A Practitioners Guide to the Law and Regulation of Market Abuse covers all aspects of the law relating to market abuse in the United Kingdom. It examines the regulation of market abuse under the Financial Conduct Authority and explains the practical application of the market abuse regime in relation to specific industry areas including primary markets, mergers and acquisitions, listed companies, sales and trading, commodity derivatives and fund management.

Comprehensive as well as practical, it also considers market manipulation, unlawful disclosure of inside information and insider trading, and this third edition is fully updated to reflect all the changes in legislation post-Brexit.

New for this edition:
  • Revised to reflect changes in legislation following the UK's exit from the EU
  • Examines the implications of the Covid-19 pandemic and responses to it
  • Covers the regulation of market abuse under the Financial Conduct Authority
  • Updated to cover latest regulatory enforcement action
  • Includes a new chapter on prevention and detection of market abuse
 
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McGee: Limitation Periods 9th Edition

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.
  • Provides guidance on time limitations in all areas of law, from preliminary issues to proceedings.
  • In a notoriously complex and confusing area of law with over 150 statutory time limits appropriate to specific causes of action this time-proven title cuts through the complexity to focus on what you need to know, saving you research and planning time.
  • Tells when time starts to run, how long the limitation period is, and the consequences of expiry in differing circumstances therefore helps the practitioner manage casework so that actions are begun within the required period.
  • Although with the expiry of the limitation period the conventional remedy is barred, the plaintiffs right is not extinguished. The book points out the options still available on expiry and the many exceptions to the rules that may apply.
  • The chapters are arranged so that actions in different areas of law are dealt with separately. The chapter on Disability, for example, explains the disabilities covered and the protections provided for the running (and stopping) of limitation periods for such persons.
  • All procedural matters are covered, with separate chapters on, for example, Pleading Questions (examining the issues arising from the pleading of a limitation point: how and when to plead, burden of proof, foregoing the statute, estoppel, etc.) and Procedural Delays.
  • Analyses the judgments in new case law, such as the Supreme Court judgment in Test Claimants in the Franked Investment Income Group Litigation v Revenue and Customs Commissioners and the Court of Appeal in Matthew v Sedman, and explains the implications for future actions and decisions.
  • Covers European, including updates following Brexit, and international limitation period issues.
 
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Charlesworth & Percy on Negligence 15th Edition

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

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

 
Bullen & Leake & Jacob's Precedents of Pleadings 19th Edition, 1st Supplement

Bullen Leake Jacobs Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice.
The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas.
  • Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases
  • Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters)
  • Contains example claims and defences
  • Provides specific practical guidance on each precedent
  • Written by an expert team of over 60 barristers
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Market Conduct for Investment Managers 2nd Edition

Market Conduct for Investment Managers is a practical guide for investment managers who face a distinct range of market conduct issues. Many texts have been published into the generalities and technicalities of the market conduct regime, however, none has focused on the so-called buy-side. The book is designed to help navigate this complex area by raising levels of awareness and intuitive understanding through the use of real-world insights and a host of case studies and practical scenarios.
  • Covers the distinct range of market conduct issues faced by investment managers
  • A first-of-its-kind, providing a practical guide specifically targeted at those on the buy-side
  • Designed to help investment professionals navigate this important and complex area
  • Includes a wealth of case studies and real-world practical scenarios
This second edition includes new sections on:
  • The interplay between sustainable finance and MAR
  • Brexit implications
  • Alternative data and MAR
  • The impact of the post-pandemic hybrid working model
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The Law of Private Equity Funds 1st edition

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

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

The Law of Private Equity Funds is a mine of information for lawyers in private practice, general counsel and those who are merely curious about this complex industry which now commands so much attention from investors, governments and regulatory authorities worldwide. Key chapters include:
  • The typical structure of English and United States private equity funds
  • The principal terms of a private equity fund
  • The regime enshrined in the Alternative Investment Fund Managers Directive
  • The regime which governs private equity funds in jurisdictions such as the Cayman Islands, China, England, Guernsey, Hong Kong, Ireland, Luxembourg and Singapore
  • UK public policy considerations which are relevant to private equity funds
 
Oil & Gas Contracts 3rd Edition

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

 
Civil Fraud 1st Edition, 1st Supplement

Civil Fraud: Law, Practice and Procedure is designed to be the primary port of call for all practitioners conducting a civil fraud case. It deals with the subject in a comprehensive manner, combining in-depth legal analysis with a practical approach. The authors focus throughout on the real-life situations which litigants in this area regularly encounter and offer effective guidance on the complex practical and procedural issues which can arise.
The First Supplement comprehensively updates the law since the First Edition, including in light of leading cases such as Convoy Collateral v Broad Idea in the Privy Council (jurisprudential basis for freezing and Chabra injunctions), Racing Partnership in the Court of Appeal (unlawful means conspiracy), Wood v Commercial First in the Court of Appeal (bribery and secret commissions) and Rembrandt in the Court of Appeal (test for inducement in deceit), as well as the new Part 81 governing committal for contempt of court and the jurisdictional consequences of the Brexit legislation.
The book starts with an examination of common factual and legal scenarios in a fraud case, which can be difficult to navigate even for the most experienced litigators. The remainder of the text develops the legal, practical and procedural issues flowing from such scenarios.
The authors, drawing on a wealth of experience in litigating fraud claims, bring together the disparate areas of the law that fall under the label fraud, from the substantive causes of action common law, restitutionary and equitable claims and claims arising under statute through to remedies.
The book provides a full and comprehensible treatment of the myriad procedural swords and shields which can be used in fraud litigation, including freezing orders, proprietary and other injunctions, search orders, receivership, ancillary orders and the increasingly-used contempt jurisdiction. It also considers the key international aspects of civil fraud litigation. This is a primary single source point of reference which avoids the need to navigate a whole series of texts in a field where practitioners often work under considerable time pressure.
Civil Fraud: Law, Practice and Procedure works as a road map to take the practitioner from the moment of initial instructions through to a completed legal and practical analysis, whether at the various interlocutory stages, or at trial.
The book covers the types of claim that arise when a party has been the victim of fraudulent conduct:
  • Presents a combination of an in-depth analysis of the relevant law, drawing on a wide variety of different causes of action and focused on the issues and problems which litigants encounter in practice
  • A practical guide to those procedural steps parties can take and the practical challenges they face
  • Gives full guidance on the competing legal principles and the potential future direction of the law
  • Advises on how best to approach common fraud factual scenarios
  • Investigates difficult or developing areas of law, such as in relation to proprietary claims or the principle of piercing the corporate veil
  • Offers guidance relevant to their case, whether this is in terms of the way in which a fraud case should be presented legally or how applications for early interim remedies should best be made or resisted
  • Guides the busy practitioner to help them translate the fact pattern with which they are presented in their instructions into the correct legal framework
  • Maps fact patterns commonly encountered into causes of action that might be pleaded and relief that might be sought in respect thereof and a mechanism which gives the reader a road map from factual instructions to completed legal analysis
  • Draws together the disparate areas of the law that fraud covers - encompassing breach of contract, tort, equitable claims and restitution, not to mention the international and procedural aspects with which the practitioner has to be familiar
  • Covers international litigation look at the practical mechanics of enforcing a civil fraud claim overseas - the gathering of evidence from overseas, overseas witnesses and enforcement of judgments overseas
 
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Wilkinson's Road Traffic Offences 30th Edition, 1st Supplement

The first supplement to the 30th edition of Wilkinsons Road Traffic Offences brings the main work up to date to April 1, 2022 and deals with the developments in road traffic law since the publication of the 30th edition in 2021.
 
Coverage includes:
  • Changes being introduced by the Police, Crime, Sentencing and Courts Bill including the new offence of causing serious injury by careless driving, the new test for emergency services in relation to a competent and careful driver and changes to maximum prison sentences, to the extension period for those sentenced to terms of imprisonment where release will not be until two thirds of the sentence and to the requirement to produce a driving licence when a person is being dealt with for an offence involving obligatory endorsement;
  • The amendments to reg.110 of the Road Vehicles (Construction and Use) Regulations 1986 extending the circumstances in which use of a mobile telephone is illegal;
  • The updated guidance from the CPS on what will constitute dangerous or careless driving;
  • In-depth commentary on latest case law including:
    • Bowen v Isle of Wight Council [2021] further examination of when a means of access is a road;
    • R. (on the application of Smith-Allison) v Westminster Magistrates Court (No.2) [2021] developing the test to be applied when deciding whether a summons should be issued;
    • R. (on the application of Ogunsola) v Aylesbury Crown Court [2021] emphasising again the relevant times limits for summary offences in the context of proceedings in the Crown Court;
    • Mansfield v DPP [2021] confirming that the class of abuse case falling to be decided exclusively in the High Court is very narrow;
    • R. v Muhammed [2021] further exploration of the causative link required in death by driving cases;
    • R. v Redding [2021] sentencing for causing death by careless driving whilst over the specified limit for drugs where there was no proven causal link between the drugs taken and the standard of driving;
    • Bendt v CPS [2022] - extent of offence of use of hand held telephone device for offences committed before 25 March 2022;
    • R. v Bains [2022]; R. v Morgan [2021] examining the test to be applied when considering disqualifying an offender under the general powers in s.163 of the Sentencing Code.
 
 
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., formerly District Judge (Magistrates Courts); Nick Watson, O.B.E., LL.M., M.B.A., District Judge (Magistrates Courts); and Peter Veits, District Judge (Magistrates Courts).
 
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Sealy & Milman: Annotated Guide to the Insolvency Legislation 2022 Vols 1&2

Sealy and Milman: Annotated Guide to the Insolvency Legislation is viewed as the definitive guide to insolvency law. 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.
Key Features
  • Provides clear, annotated commentary and clarification on the legal and practical implications of current insolvency legislation
  • Incorporates sources of both corporate and personal insolvency law
  • Reproduces additional statutes and regulations so that all the information needed is in one reliable source
  • Volume 1 contains in-depth explanations on the main core legislation, including the Insolvency Act 1986 and the Insolvency (England and Wales) Rules 2016 as amended
  • Volume 2 features the Company Directors Disqualification Act 1986, key parts of the Companies Act 2006 (including the new Part 26A) and the post Brexit version of the EU Regulation on Insolvency Proceedings 2015/848 and the Cross-Border Insolvency Regulations 2006. In sum this volume includes the text, in whole or part, of 28 Acts, over 58 Statutory Instruments and a number of practice directions
Key Changes to the 25th edition
Main legislative changes
In addition to all key changes since the last edition, the 25th edition now includes:
  • New Procedural Rules on Moratorium by the Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (SI 2021/1028)
  • Replacement of temporary restrictions on winding up Petitions by The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021
  • The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021 introduces the disqualification of directors of companies that are dissolved without becoming insolvent.
  • Increases to the financial criteria limiting access to debt relief orders are made by the Insolvency Proceedings (Monetary Limits) (Amendment) Order 2021 (SI 2021/673) and the Insolvency (England and Wales) (Amendment) Rules 2021 (SI 2021/672).
  • Temporary Insolvency Practice Direction (No.5) Supporting the Insolvency Practice Direction providing guidance on electronic filings of notices of appointment of administrators
  • All the relevant new Practice Directions are reproduced
Key Cases Considered
  • Re Corbin King Holdings Ltd; Minor Hotel Group MEA DMCC v Dymant [2022] EWHC 340 (Ch).
  • Re Patisserie Holdings Plc; Costley-Wood v Rowley [2021] EWHC 3205 (Ch)
  • Re Tre Ciccio Altrincham Ltd (in admin.) [2021] EWHC 3525 (Ch)
  • R. (on the application of Palmer) v Northern Derbyshire Magistrates Court [2021] EWHC 3013 (Admin)
  • Lazari Properties 2 Ltd v New Look Retailers Ltd [2021] EWHC 1209 (Ch)
  • Kireeva v Bedzhamov [2022] EWCA Civ 25
  • Axnoller Events Ltd v Brake [2021] EWHC 1500 (Ch) and [2021] EWHC 2308 (Ch).
  • Manolete Partners Plc v Hayward Barrett Holdings Ltd [2021] EWHC 1481 (Ch).
  
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Law of Guarantees 8th Edition

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

 
  • A comprehensive explanation of the law and practice of guarantees and surety
  • Provides detailed analysis of the statutory and contractual requirements relating to the law of guarantees.
  • Covers the applicable law in a wide range of contexts, including guarantees for loans, consumer credit, hire purchase, landlord and tenant, building contracts, commercial contracts, international commerce.
  • Examines the guarantors liability and rights against both creditors and debtors.
  • Explains the many different forms of contract and sets out the legal principles that underpin them.
  • Offers clear and extensive analysis of key judicial decisions arising from guarantee disputes.
  • Looks at the elements of a guarantee, its construction, and its enforcement .
  • Discusses revocation of contracts and discharge of the surety.
  • Addresses insolvency in relation to guarantees.
  • Includes a range of valuable precedents including Standard Form Bank Guarantee, On Demand Unconditional Performance Bond, and Bank Guarantee in Respect of Security for Costs.
  • Now in its eighth edition and frequently cited in court, this text is the leading work on guarantees.
  • Written by the leading experts in the field: the Hon Mrs Justice Geraldine Andrews and Richard Millett QC of Essex Court Chambers, joined in this edition by John Robb, also of Essex Court.
  • Appendices ensure that practitioners can quickly refer to extracts of key legislation, including: Statute of Frauds 1677, Bills of Exchange Act 1882, Consumer Credit Act 1974, Unfair Contract Terms Act 1977, Insolvency Act 1986, and the Companies Act 2006.
 
Terrell on the Law of Patents 19th Edition, Mainwork + Supplement

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

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

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

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

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

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

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

 
Birds' Modern Insurance Law 12th Edition

Insurance Law
Birds Modern Insurance Law presents a concise yet analytical explanation of the fundamental principles of insurance law. Written in an accessible and straightforward manner the work covers everything from the history of insurance and regulation, through to the various forms of insurance such as life, and liability.
 
Birds Modern Insurance Law is firmly established as the leading text in this area of law. It is an essential work for undergraduate and postgraduate students as well as for those undertaking a related professional course. It is also an ideal reference source for legal and insurance professionals who want a quick reference guide.
 
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Costs & Funding following the Civil Justice Reforms: Questions & Answers 8th Edition

The eighth edition of Costs Funding following the Civil Justice Reforms: Questions Answers publishes with the White Book 2022. Depending on which format of the White Book you choose, your free copy will be delivered in the same format: it will be published in print, as an eBook using the award-winning ProView app, and online with the White Book on Westlaw.
 
Costs Funding following the Civil Justice Reforms: Questions Answers is a unique book. Produced in conjunction with Practical Law, this practical and accessible book tackles common practitioner questions on the effects of the 2013 Jackson reforms on costs and funding. It not only states the law, as set out in the latest legislation, court rules, forms and case law, but also identifies and, where possible, tackles issues and inconsistencies. It sets out to answer questions posed on topics ranging from funding of litigation, case and costs management and proportionality to settlement offers, QOCS and summary assessment. The new edition adds a significant number of new questions and answers; updates the existing questions and answers and revised commentary in light of new and ongoing case law and legislation in the fast-evolving costs and funding landscape post-Jackson.
 
Each chapter starts with introductory commentary covering relevant legislation, case law and Lord Justice Jacksons Review of Civil Litigation Costs: Final Report followed by the questions and answers, sub-divided under topics.
 
The new edition includes coverage of changes made by recent CPR and legislation updates, including in particular the new PD 1A in force from April 2021 making provision for how courts will give effect to the overriding objective and proportionality test regarding vulnerable parties or witnesses (Chapter 3); the new PD27B for Road Traffic Accidents in force after 31 May 2021 (Chapter 7); the new CPR r.36.5(5), in effect from April 2021, which codifies the finding in Calonne Construction Ltd v Dawnus Southern Ltd [2019] EWCA Civ 754; and the Whiplash Injury Regulations 2021 (Chapter 7).
 
The book covers other new important developments such as: the Civil Justice Council report on the lawfulness of compulsory ADR (Chapter 5); changes to Guideline Hourly Rates for assessment and revised version of Guide to Summary Assessment of Costs introduced from 1 October 2021 (Chapter 8); and the publication of the government's response to the 2019 consultation paper, Extending Fixed Recoverable Costs in Civil Cases: Implementing Sir Rupert Jackson's proposals. The governments response confirms its intention to introduce fixed recoverable costs for claims up to 100,000 (Chapter 7).
 
Significant case law includes Zuberi v Lexlaw Ltd [2021] EWCA Civ 16 (Chapter 2 - DBAs); Jalla Anor v Shell International Trading and Shipping Co. Ltd [2021] EWCA Civ 1559 (Chapter 4 case management); London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and others [2021] EWHC 3103 (Ch) (Chapter 5 - defective service of Part 36 offer can be remedied under CPR 3.10); Ho v Adelekun [2021] UKSC 43 (Chapter 6 - set off of costs against costs in QOCS cases); Belsner v Cam Legal Services Ltd [2020] EWHC 2755 and SGI Legal LLP v Karatysz [2021] EWHC 1608 (QB) (Chapter 9 - informed consent from client for solicitor/client costs).
 
Edited by former Senior Costs Judge Peter Hurst with contributions from a top team of costs and funding experts: District Judge Simon Middleton; Roger Mallalieu Q.C., Judith Ayling Q.C., Nicola Greaney and Shaman Kapoor, this is an authoritative and unique book that any practitioner involved with costs cannot afford to be without.
 
Gatley on Libel and Slander 13th Edition

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

 
This new edition comes at a key time. The work has been comprehensively updated and restructured to provide a thorough examination of the Supreme Court decision in Lachaux v Independent Print Ltd – a landmark defamation case addressing the definition of “serious harm” in the Defamation Act 2013.
 
In addition to providing detailed commentary and expert analysis of the substantive law, it offers comprehensive guidance on the procedural aspects of bringing an action. This advice is complemented with example forms and precedents for issuing proceedings and summaries of key damages awards, making it both a practical and authoritative reference.
 
  • The authority on the law of defamation with expert analysis of the law and all significant developments in libel and slander, malicious falsehood and privacy.
  • Detailed coverage of the relevant procedure for practising defamation law – serving as a one-stop reference at every stage of an action.
  • Examines the defamatory statement including slanders actionable, publication, identifying the person defamed and addresses the question: who may sue or be sued?
  • Looks at the various available remedies including compensatory, aggravated and exemplary damages.
  • Commentary on related causes of action such as malicious falsehood, misuse of private information and other causes arising from statements.
  • Explores available defences with discussion of honest comment, absolute and qualified privilege, publication in public interest and more.
  • Comprehensive examination of the procedure for bringing an action from interim injunctions and particulars of claim to counterclaims, apologies, the trial and appeals.
  • Relevant cases from other jurisdictions with commentary on their relevance to UK law and procedure, including decisions from Canada, Australia and New Zealand.
  • Discusses the jurisprudence of the European Court of Human Rights and the continuing effect of the Human Rights Act on defamation law.
  • Provides forms and precedents for issuing proceedings, statements of case and settlement and reproduces relevant excerpts of key statutes.
  • Includes an appendix with summaries of important libel awards.
Please note that the print and eBook publication dates will not always match.
 
 
IDS Continuity of Employment 2022

The new edition of the IDS Employment Law Handbook, Continuity of Employment, sets out the statutory rules governing how continuity is calculated. The law in this area can be complex, particularly where a contract of employment ceases to exist between two periods of employment with the same employer or where employment is transferred between employers. However, the Handbook offers a clear and comprehensive examination of the statutory rules and explains the relevant legislation and pertinent case law in a logical and understandable way. It:
  • sets out the general principles for computing a period of continuous employment and explains how these rules are applied in the ordinary case where an employee is employed for an unbroken period under a contract of employment
  • deals with the situation where, despite a break in employment, the statutory rules provide for continuity to be preserved; for example, where the employee has been off sick or there has been a temporary cessation of work
  • discusses those rare situations where a break in employment does not sever continuity as such but nor does it count in computing a period of continuous service; for example, weeks where the employee was on strike
  • considers continuity of employment where there has been a change of employer; for example, where there has been a transfer of a business or undertaking.
This Handbook is an authoritative and indispensable guide to an important area of employment law that underpins many of the statutory employment protection rights available to employees
 
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Children's Hearings in Scotland 4th Edition

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

 
Sale of Shares and Businesses: Law, Practice and Agreements (Book & CD) 6th Edition

The 6th edition of Sale of Shares and Businesses provides a comprehensive guide to the acquisition of businesses in the UK, whether the acquisition is structured by way of a purchase of shares or a purchase of assets. This title includes comments and explanations on the main issues which arise on such transactions. In addition to commentary, precedents are included in paper and electronic formats.
 
Fully updated to take account of changes introduced by the General Data Protection regulations (GDPR), this new edition also considers the impact of the Covid-19 pandemic and of course Brexit
 
Guidance for every sale of a business
  • Gives guidance on every part of the sale of business so you can make sure everything is covered and nothing is missed out
  • Helps you draw up agreements for every type of business client using examples drawn from all sizes of transactions from the sales of small business to multi-million pound deals
  • Helps you represent either the buyer and the seller
  • Goes through both sale of shares and the sale of assets so whichever way the business is being bought, youll have all the right advice and correctly drafted documents to give to your clients
Start to finish advice on the process
  • Covers pre-acquisition or disposal of a company so you can be fully prepared for negotiations over the sale of a business
  • Outlines the general principles of due diligence and in particular financial and legal due diligence helping you make sure the agreement for sale is based on a true reflection of the value of the business
  • Gives guidance on the key components of a sale agreement so you can draft and check your documents with confidence
  • Includes details on warranties and indemnities so you can ensure you have made provisions for the possible problems that may arise post-sale
  • Covers specialist areas for example, pensions, tax and employment law issues so youll be able to quickly find out what the law says on these areas, if they are relevant to the agreement in hand
Draft in line with current developments
  • Helps you ensure your agreements are in-line with the latest developments on company and commercial law.
  • Updates on the General Data Protection Regulation.
  • Shows how property and environmental issues may affect the sale of businesses
Full set of precedents included to save you time drafting
  • Includes a CD-ROM full of all the precedents related to the sale of a business including: acquisition agreements, board minutes and power of attorney precedents
  • Enables you to draft documents more quickly as it gives you precedents on CD-ROM to use as a basis for drafting, or to select the relevant clauses as you need them
  • Saves you time as you can easily find and copy the precedents and clauses you need from the CD-ROM into your own documents
 
Also available as an eBook on Thomson Reuters ProView
Thomson Reuters ProView is custom built for legal professionals like you.
 
Scrutton on Charterparties and Bills of Lading 24th Edition, 1st Supplement

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

 
Snell's Equity 34th Edition, 2nd Edition

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

Snells Equity:
  • Examines the nature and maxims of equity.
  • Wide coverage from historical tradition to modern developments
  • Interprets the principles and their application in different modern situations
  • Considers all new legislative and case developments
  • Covers the three main substantive fields of equity jurisdiction: trusts, the administration of assets and securities, particularly mortgages.
  • Takes into account the growing application of trusts and fiduciary obligations in commercial contexts
  • Clear narrative with logical progression of principles and definitions to application in practice and remedies.
 
Benjamin's Sale of Goods 11th Edition, 1st Supplement

GUIDANCE TO THE LAW OF SALE OF GOODS
Offering a one-stop source to all the elements, principles, legislation and case law surrounding sale of goods not just in the UK but internationally, Benjamin's Sale of Goods has firmly established itself as the only title you need on sale of goods.
Frequently cited in court, its depth and coverage make Benjamin an essential reference tool in your commercial law library.
The first supplement to the eleventh edition of Benjamins Sale of Goods brings the main work up to date with the latest developments. The key new case law and legislation covered includes:
  • European Union (Withdrawal Agreement) Act 2020
  • European Union (Future Relationship) Act 2020
  • Corporate Insolvency and Governance Act 2020 (corporate rescue and contract termination)
  • Lehman Brothers International (Europe) v Exofix Partners llp (fundamental impossibility and restitution)
  • Gregor Fisken v Carl (delivery; passing of property in compound goods)
  • Triplepoint Technology Inc v PTT Public Co Ltd (liquidated damages and contract termination)
  • CIS General Insurance Ltd v IBM United Kingdom Ltd (equitable set-off and contract termination)
  • BP Oil International v Vega Petroleum Ltd (f.o.b. and free into pipeline (f.i.p.) contracts; restitution)
  • A v B (The Tai Hunter) (f.o.b. nomination of vessel)
  • Shanghai Shipyard co Ltd v Reignwood International Investment (Group) Co Ltd (performance guarantees)
  • Enka Insaat Ve Sanayi SA v OOO Insurance Co Chubb (choice of law and arbitration agreement)
 
Keating on NEC 2nd Edition

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

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

 
Jackson & Powell on Professional Liability 9th Edition

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

 
Key features
  • Examines the nature of professional liability
  • Deals with subjects of general application and delves into specific professions
  • Discusses the difference between tortious liability and contractual liability
  • Considers the duties and obligations of a professional including positive duties and restrictions
  • •Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience
  • Discusses changes in the standard required by professional
  • Explains the nature of a fiduciary duty including unauthorised profits and undue influence
  • Discusses the origins of the duty of confidentiality including the continuing duty to former clients
  • Differentiates between limitation in contract, tort and equity
The new edition addresses all key developments and case law that have evolved since publication of the 4th Supplement to the 8th edition in December 2020. It includes the following significant new cases and developments, including the following:
  • Insurance. In Lord Bishop of Leeds v Dixon Coles & Gill the Court of Appeal gave further guidance in relation to aggregation. It held that liabilities to different clients arising from thefts from the insured firm’s client account by a partner should not be aggregated as they did not arise out of a series of related acts or omissions.
  • Scope of duty. The decisions of the Supreme Court in Manchester Building Society v Grant Thornton UK LLP, an accountants’ case, and Meadows v Khan, a medical case, provide significant guidance and refinement of the scope of duty principle, concentrating on the purpose of the advice objectively construed. This is relevant to claims against most professionals.
  • Surveyors. In Hart v Large the Court of Appeal upheld a decision that a negligent surveyor was liable for the difference in value between the purchase price and the actual value of the property with all the defects, including latent defects, as his advice should have advised that there were risks which could not be assessed.
  • Lawyers: In Harcus Sinclair llp v Your Lawyers Ltd the Supreme Court has for the first time reviewed the law on solicitors’ undertakings. It has provided significant further guidance on the questions to be asked to determine whether an undertaking was given as a solicitor.
  • Financial practitioners. Adams v Options SIPP UK LLP has significant ramifications for execution only SIPP providers. The Court of Appeal reviewed earlier High Court authority to the effect that the giving of mere information may constitute advice where the provision of information is itself the product of a selection process involving a value judgment.
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Copinger and Skone James on Copyright 18th Edition, Mainwork + Supplement

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

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

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


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

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

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

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

 
Jackson & Powell on Professional Liability 9th Edition

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

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

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

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

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

 
Gatley on Libel and Slander 13th Edition

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

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

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


 
Highway Law 6th Edition

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

 
Injunctions 14th Edition

This book is an essential reference source for all lawyers who deal with one of the most important remedies in civil and family litigation the injunction. Injunctions by David Bean, Isabel Parry and Andrew Burns provides you with an indispensable reference tool.
This highly practical work covers every type of injunction, going through their scope and limitations, and the procedures involved in obtaining them.
The new 14th edition has been completely updated to incorporate all the key developments in this area of law since the last edition was published three years ago.
Features of the new edition include:
  • Injunctions against persons unknown: Canada Goose and subsequent decisions
  • Injunctions to restrain publication of reports by public bodies
  • Worldwide freezing orders: Lakatamia Shipping v Morimoto
  • Imaging orders: TBD (Owen Holland) Ltd v Simons
  • New CPR 81 on committal for contempt
 
Phipson on Evidence 20th Edition

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

Key Features:
  • Leading work and authority on civil and criminal evidence, frequently quoted in court
  • Written by a prominent team of expert authors, with excellent balance between leading practitioners and academics
  • Fully updates all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules
  • Examines in detail all aspects of the complex principles and procedures which make up the law of evidence including admission of evidence, evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses
  • Considers the burden and standard of proof
  • Discusses all aspects of good and bad character
  • Includes analysis of privilege and facts excluded by public policy
  • Examines hearsay in civil and criminal proceedings
  • Looks at the exclusion and inclusion of extrinsic evidence
  • Examines the judicial discretion to admit or exclude evidence
  • Considers a broad range of case law, including that of the Commonwealth
The new edition considers a number of important legal developments, including:
  • A new chapter on the evidence in arbitration
  • A new chapter on the assessment of evidence
  • Discussion and commentary on the recent cases relating to LPP including the Court of Appeal judgment in The Civil Aviation Authority v The Queen on the application of Jet2.com Ltd [2020] EWCA Civ 35; PCP Capital Partners v Barclays Bank Plc [2020] EWHC 1393 and State of Qatar v Banque Havilland SA Ors [2021] EWHC 2172 (Comm)
  • The chapter on expert evidence has been extensively re-written and updated to take account of recent developments in this area


 
Russell-Clarke & Howe on Industrial Designs 10th Edition

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