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Clerk & Lindsell on Torts 23rd Edition

Clerk & Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law.
  • Provides unrivalled breadth and depth of coverage on all areas of tort law
  • Sets out the general principles of liability and causation
  • Explains the general defences, such as claimant’s wrongdoing, contributory negligence, consent and assumption of risk, exclusion of liability and miscellaneous defences
  • Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from negligence to breach of statutory duty and professional liability, and from product liability and occupiers’ liability to employers’ liability and public service liability
  • Deals with important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass of land and dispossession, from animals’ liability to nuisance and Rylands v Fletcher, and from malicious falsehood to economic torts
  • Discusses statutory IP rights, passing off and breach of confidence and privacy
  • Includes a fully updated chapter on Defamation
  • Deals extensively with damages
  • Covers injunctions and limitation periods
  • Includes discussion of self-help and discharge of torts
  • Considers relevant human rights issues
New to this edition from the Supreme Court:
  • Robinson v Chief Constable of West Yorkshire on the duty of care owed by the police to members of the public when effecting an arrest of a suspected offender; and, together with Poole BC v GN, on the role of the “Caparo tripartite test” for the existence of a duty of care, stressing the importance of taking an incremental approach to novel negligence claims
  • Commissioner of Police of the Metropolis v DSD holding that policy arguments about the risk of defensive policing or the diversion of resources from police work to compensation claims were not relevant to whether the police owe an operational duty under ECHR art.3 when investigating criminal offences and that serious defects in the investigation of crimes of violence could amount to a breach of that duty
  • Dryden v Johnson Matthey Plc on the meaning of “damage” in personal injury claims
  • Steel v NRAM Ltd (formerly NRAM Plc) on the duty of care owed by a solicitor to a third party in claims for negligent misrepresentation
  • JSC BTA Bank v Khrapunov on what constitutes “unlawful means” for the purposes of the tort of conspiracy
  • R. (on the application of Haralambous) v St Albans Crown Court holding that there is no obligation to disclose to the party affected by a search warrant the material upon which the magistrates relied when deciding to grant the warrant
  • Perry v Raleys Solicitors on the correct approach to a “lost chance” claim against solicitors, approving Maples Group Ltd v Simmons & Simmons; and Edwards v Hugh James Ford Simey on the use of evidence which had become available after the date of the lost claim in assessing the strength of that claim
  • WM Morrison Supermarkets plc v Various Claimants on the interpretation of “the close connection test” for the purpose of vicarious liability; and Barclays Bank plc v Various Claimants on the limits of that test
  • Vedanta Resources plc v Lungowe on the potential liability of a parent company in relation to the activities of its subsidiaries
  • Darnley v Croydon Health Services NHS Trust on the duty of care owed by an Accident and Emergency department receptionist to a patient
  • Lachaux v Independent Print Ltd on the requirement introduced by the Defamation Act 2013 that a claimant have suffered “serious harm” to reputation
  • Stocker v Stocker on the correct approach to determining the meaning of words posted to a social media site (Facebook) for the purposes of the tort of defamation
  • James-Bowen v Commissioner of Police of the Metropolis holding that an employer does not owe a duty of care to employees to defend a civil action against the employer in a manner that protects the employees from economic or reputational harm
  • Playboy Club London Ltd v Banca Nazionale Del Lavoro SpA on the Hedley Byrne duty of care owed by a bank when giving a credit reference to an agent of a casino, where the bank had no knowledge of the casino
  • Morris-Garner v One Step (Support) Ltd on the assessment of damages in lieu of an injunction under Lord Cairns’ Act, and holding that “negotiating damages” (previously referred to as “Wrotham Park damages”) are compensatory and not intended to remove gains from the defendant
  • R. (on the application of Jalloh (formerly Jollah)) v Secretary of State for the Home Department on the relationship between the tort of false imprisonment the concept of deprivation of liberty within art.5 of the European Convention on Human Rights
  • R (on the application of Hemmati) v Secretary of State for the Home Department on a claimant’s entitlement to substantial, as opposed to nominal, damages for false imprisonment where the policy under which the claimant was detained was unlawful
  • Singularis Holdings Ltd (In Liquidation) v Daiwa Capital Markets Europe Ltd holding that there is no rule that, where a company is suing a third party in tort, the fraudulent conduct of a sole director will be automatically attributed to the company
  • Tiuta International Ltd (In Liquidation) v De Villiers Chartered Surveyors Ltd on the liability of a valuer where a lender advances monies against over-valued security and part of those monies goes to pay off old indebtedness to the same lender
  • R. (Mott) v Environment Agency on a fisherman’s rights under art.1 Protocol 1 of the ECHR
  • XX v Whittington Hospital NHS Trust where the claimant was entitled to recover the reasonable costs of entering commercial surrogacy arrangements abroad, although such arrangements would be contrary to the Surrogacy Arrangements Act 1985
  • Re D (a child) (residence order: deprivation of liberty) holding that a parent could not authorise the detention of a 16- or 17-year old minor who lacked capacity that would amount to a deprivation of liberty
  • Welsh Ministers v PJ imposing conditions in a community treatment order which would amount to a deprivation of the patient’s liberty would breach art.5 ECHR
  • Secretary of State for Justice v MM neither the tribunal nor the Secretary of State are permitted to impose conditions amounting to detention or a deprivation of liberty, in relation to a conditionally discharged restricted patient, even if the patient consented
  • An NHS Trust v Y on the withdrawal of clinically assisted nutrition and hydration from a patient with a prolonged disorder of consciousness
  • Cartier International v British Telecommunications Plc which held that trade mark owners must indemnify ISPs against the cost of complying with a blocking injunction

 

 
Conflicts of Interest, 6th Edition

Conflicts of Interest provides authoritative guidance on the law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict. It explains in detail the current legal position in various professional sectors (lawyers, accountants, the City, directors, estate agents and insurance brokers). It helps the user avoid potential conflicts of interest and provides practical advice and remedies for ones that arise.

 
McGee: Limitation Periods, 8th Edition (Mainwork & 1st Supplement)

Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its eighth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings. The book is designed to help bring an action in good time and remedy delays which may lead to striking out. The book covers European and international limitation issues.
 
The First Supplement to the Eighth Edition updates the text with important new case law, including:
  • Kimathi v Foreign Office - effect of transitional provisional in very old claims
  • Stage Coach East Midlands Trains Ltd - various aspects of the interrelationship between limitation and public law remedies.
  • Barton v Wright Hassall LLP - the effect of a stay of proceedings.
  • Liddle v Atha & Co - effect of delay in issuing caused by the court office
  • Cornell v Chief Constable of Greater Manchester - exercise of the s33 discretion.
  • Roberts v Soldiers, Sailors and Airmen and Families Association - the application of the Civil Liability (Contribution) Act 1978
  • Dera Commercial Estates v Derya Inc - effect of delay in arbitration cases.
  • Sixteen Ocean GmbH & Co KG v Societe Generale - economic duress does not amount to fraud for the purposes of s32
  • Gorton v McDermott Will and Emery LLP - whether to order a preliminary issue on limitation 
 
Sinclair on Warranties and Indemnities on Share and Asset Sales 11th Edition

This practical text contains precedents and commentary on warranties and indemnities on share sales. It provides guidance for all parties – purchasers and vendors - who deal with a sale and purchase agreement (“sale agreement”) for either a company or business. Written for commercial lawyers, it is the only title to deal exclusively with this area.
 
New for the 11th edition
  • Substantial changes have been made in relation to IT and data protection warranties to reflect GDPR and this fast evolving area as the importance of IT to most companies increases.
  • New accounts warranties have been included to reflect the FRS regime and the decreasing relevance on most transactions of the historical SAAPs and FRS's that were relevant for financial periods prior to the 4th January 2015.
  • The tax warranties have been simplified and shortened to reflect the exclusion of esoteric areas that are not applicable to most transactions as well as reflecting legislative updates. The tax covenant reflects the continuing trend to start with a balanced draft rather than a purchaser bias version.
Other features
  • Provides precedents and commentary on warranties and indemnities on share sales
  • Provides guidance for all parties – purchasers and vendors - who have to deal with a sale and purchase agreement (“sale agreement”) for either a company or business.
  • For the purchasers’ solicitors, provides precedents of suitable warranties and indemnities from which a tailored draft can be prepared
  • For the vendors’ solicitors, provides guidance and commentaries with the precedents
  • Organised around precedents of clauses and documents, accompanied by extensive commentary
  • Arranged in a logical chronology
  • Covers the history and function of warranties and indemnities
  • Covers the various parties to a sale and purchase agreement
  • Covers the rights and liabilities that arise from a breach of warranty
  • Provides detailed consideration of tax, property and general warranties in a share sale
  • Covers the forms taken by tax deeds
  • Covers warranties, undertakings and indemnities requested by the purchaser
  • Covers completion accounts and valuation
  • Provides clearly-written commentary and guidance aimed to explicate clauses and their impact 
 
Arlidge and Parry on Fraud 6th Edition

Providing a complete guide to the law on fraud, Arlidge & Parry on Fraud sets out the basic principles and clarifies key terms. The work discusses and interprets the law offering strategic guidance to complex areas. In addition, it offers advice on presenting a fraud case, so that you can be sure you follow the correct procedures and avoid mistakes.
 
It includes relevant case law to ensure that you are fully up to speed with changes that have occurred and what they mean. What’s more, it explains the implications of each offence with examples of legislation and case law enabling you to build the strongest argument possible.
 
The work includes statutes, SI’s and reproduces sections of Acts where relevant, so that you have all the core statutory and related primary materials to hand. The user friendly format means that offences are dealt with in their own separate chapters. This makes it even easier for you to find the information you need quickly, saving you time and effort.
 
Written by respected experts in the field, Jonathan Fisher QC, HHJ Alexander Milne QC, Jane Bewsey QC and Andrew Herd, the work provides an invaluable source of information that will guide you through the complex area of the law on fraud.
 
The 6th edition features a new structure to help you navigate the offences considered, new chapters on Cybercrime, Parallel proceedings, the Procedure for Charging, Internal Corporate Fraud Investigations, International Assistance, Private/Public Sector Initiatives, Money Laundering and confiscation.
 
KEY FEATURES:
  • Provides a detailed account of the three kinds of fraud codified by the Fraud Act 2006
  • Gives a practical and detailed explanation of the prosecution of fraud cases, including the powers and obligations of the prosecuting authorities, the procedure of complex and serious fraud cases (including those involving multiple offences), and the issues arising from the case management of a lengthy trial
  • Sets out the elements of the crime and the mens rea standards for establishing fraud
  • Explains the multiplicity of statutes and common law under which fraudulent acts were prohibited prior to the commencement of the 2006 Act
  • Examines fraud in the context of a range of sectors, including insolvency, tax, social security and gambling
  • Details the statutory and common law offences of conspiracy to defraud, as well as the law of inchoate liability in relation to attempt and conspiracy
  • Looks at closely associated offences that may have been considered fraud, including fraudulent trading, theft, obtaining services dishonestly, forgery and false accounting.
  • Considers related offences likely to be charged in fraud case, including company fraud, investment fraud, bribery and price fixing
  • Addresses the international reach of courts in England and Wales with regard to offences committed wholly or partly in foreign jurisdictions
  • Undertakes a detailed analysis of the obligations of the prosecutor to disclose information
  • Presents the 2014 sentencing guidelines as they pertain to fraud offences, as well as the sentences which deviate from the guidelines
  • Explores the alternatives to prosecution, including civil recovery orders and deferred prosecution agreements
  • Considers the process involved in bringing a private prosecution, as well as the advantages and disadvantages of doing so in fraud cases
  • The Fraud Act 2006 is reproduced in full as an appendix, for ease of reference

 

 
Toulson & Phipps on Confidentiality 4th Edition

Confidentiality is a complex subject. In the Fourth edition of Toulson & Phipps on Confidentiality, Charles Phipps along with new editors William Harman and Simon Teasdale provides a comprehensive and authoritative combination of reference, analysis and procedure in relation to confidentiality across all relevant areas of law.
 
As a (very) small selection, the cases decided since the last edition include:
  • Saab v Dangate Consulting Ltd [2019] EWHC 1558 (Comm); [2019] P.N.L.R. 29, in which Cockerill J conducted a detailed analysis of several aspects of the public interest defence;
  • Richard v British Broadcasting Corporation [2018] EWHC 1837 (Ch); [2019] Ch. 169, in which Mann J held that a suspect had a reasonable expectation of privacy in relation to a police investigation;
  • Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which is now the leading case on access to court records; and
  • R (Bridges) v Chief Constable of South Wales [2019] EWHC 2341 (Admin), in which the Court of Appeal held that data would fall within the scope of the data protection regime if it identified someone by a process of “individuation” (notwithstanding their continued anonymity).
  • ABC v Telegraph Media Group Ltd [2018] EWCA Civ 2329, in which the Court of Appeal upheld “the important legitimate role played by non-disclosure agreements in the consensual settlement of disputes
KEY FEATURES:
  • Provides comprehensive guidance on the law of confidentiality.
  • Sets out the principles and foundations underlying the law of confidence, identifying the essential elements of the equitable cause of action.
  • Considers the widely varying circumstances in which duties of confidentiality may arise.
  • Analyses the nature of confidential information, distinguishing what can and what can’t be protected.
  • Discusses what counts as misuse of confidential information, and the different ways in which the unauthorised use of confidential information may be justified.
  • Examines the remedies which may be available for breach of confidence – both before and after the event.
  • Considers in detail the impact of privacy rights and the new tort of misuse of private information.
  • Summarises both the data protection and the freedom of information regimes, reviewing the principal case-law.
  • Examines the confidentiality issues that arise in a variety of professional and other relationships, including medical advisers, bankers, broadcasters and journalists, teachers, clergy, counsellors , mediators, employers & employees, police, and lawyers.
  • Illustrates how confidentiality operates within the legal process, with guidance on legal professional privilege, the without prejudice rule, and public interest immunity, as well as other forms of protection which are available to litigants.
  • Considers, in particular, how children’s confidentiality in the legal process is maintained.
  • Analyses the law of arbitral confidentiality.
  • Takes into account judicial decisions in other common law jurisdictions including, in particular, Canada, Australia and New Zealand.
  • Includes up-to-date case law which can be cited in court. 
 
Lewin on Trusts, 20th Edition

Lewin on Trusts, 20th Edition gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and regulation of trusts and trustees.
 
The new edition has been extensively re-organised and substantially expanded to take account of developments in the law, and decisions in England, as well as the old Commonwealth and all the main offshore jurisdictions.
 
New features:
  • A new chapter on trusts and divorce
  • A full conspectus on the “firewall” legislation in overseas jurisdictions protecting trusts from the application of foreign laws
  • The impact of the new data protection legislation (GDPR and the 2018 Act) on trusts
  • The effect of human rights legislation on the interpretation of trusts for children
  • An expanded treatment of the nature and effect of powers of the settlor concerning changes in the trusteeship and other matters
  • A revised analysis of the indemnity of outgoing trustees
  • Developments on priorities of claims on insolvent trusts and on their winding up
  • Coverage of mediation and other forms of ADR for trust disputes
  • Public and private hearings in, and confidentiality of, trust proceedings
  • Commentary and explanation of regulations about registration of beneficial ownership and on CRS, FATCA and DAC 6 reporting for trusts
  • An examination of unexplained wealth orders 
 
The White Book Service 2020, Volumes 1&2

The White Book contains the sources of law relating to the practice and procedures of the High Court and the County Court for the handling of civil litigation, subject to the Civil Procedure Rules (CPR), and is supplemented by substantial and comprehensive expert commentary. The White Book is relied upon by more judges and lawyers than any other legal text and is trusted for its authority and commentary.
 

This year’s White Book publishes when the United Kingdom is in the process of exiting the European Union, which will in due course amend the CPR and related legislation. All changes after the main work is published will be covered by way of supplements. 

 
Salinger on Factoring 6th Edition

Salinger on Factoring is renowned for its highly practical approach to the law and practice relating to factoring and invoice finance. It combines a clear understanding of the law with clear and concise guidance on its implementation. This title has been the trusted guide to this complex area of law for nearly 30 years providing a detailed examination of, and guide to, the legal issues that arise from domestic and international factoring.
  • A comprehensive guide to the law and practice relating to factoring and invoice finance
  • Discusses the various forms, uses, and methods by which factoring can help businesses
  • Looks at the origins and nature of modern factoring
  • Examines the use and misuse of factoring, the limitations on its use and its benefits
  • Looks at the relationship between the factor and debtors including normal collection procedures and legal remedies where collection procedures fail
  • Examines international factoring and discusses the special considerations relevant for international factors
  • Looks at the legal structure of factoring, the provisions of factoring agreements and the types of agreement commonly used
  • Considers conflicts with third parties
  • Examines set-off and the countervailing rights of the debtor
  • Considers the effect of insolvency upon the rights of the factor, client and debtor
  • Looks at the use of credit insurance and its potential effect on the terms of the factoring agreement and the policy of insurance
  • Includes a glossary of terms and a collection of sample documents

 

 
Hewitt on Joint Ventures 7th Edition

Hewitt on Joint Ventures 7th edition analyses a variety of transactions where two or more existing entities agree to establish and participate in a common enterprise or business-related activity. The main focus is on joint ventures using the medium of a joint venture company. The principal issues raised by a range of transactions are examined, outlining how such issues might be handled and setting out the relevant background law.
 
Hewitt on Joint Ventures has been described in the High Court as “a book edited by practitioners who specialise and have extensive experience in this area of commercial activity”. It is written in a clear and practical way, tailored for the practitioner and in-house counsel. It aims to provide detailed commercial guidance alongside a comprehensive review of relevant specialist areas of law, as well as useful checklists and precedents.
 
Coverage:
  • Provides in-depth examination of all aspects of joint ventures and a range of collaborative relationships
  • Covers the practicalities involved in the drafting, negotiating and setting up of joint ventures
  • Guides you through the planning stages of a joint venture or alliance
  • Identifies and examines the principal issues for joint venture parties, including: capital and funding; governance and management; minority investment and protection; deadlock and breakdown; duties between joint venture parties; transfers of shares; exit, termination and change; and disputes – mediation, litigation and arbitration
  • Sets out the relevant legal background
  • Suggests ways of dealing with issues that may arise
  • Includes a range of precedents and checklists, which also feature on a CD-rom for ease of use
  • Recognises the international nature of many JV agreements
  • Guides the reader through complex and specialist areas of a JV, with chapter by chapter coverage of tax planning; competition and regulatory controls, IP and technology, employment and accounting

New to this Edition Hewitt covers up-to-date reference to important case law in recent years affecting joint ventures, including case law developments regarding:

  • Good faith obligations
  • Exercise of contractual discretion
  • Default provisions and the law of penalties
  • Transfers of shares in breach of pre-emption rights
  • Duties of directors of joint venture companies
  • Remedies for minority shareholders
  • Parent company liability
Hewitt also covers the:
  • Increasing impact of laws relating to data protection and anti-bribery and corruption
  • Challenges affecting joint ventures with local parties in a number of key international jurisdictions (Brazil, China, India, Malaysia and United Arab Emirates) 
 
Snell's Equity, 34th Edition (Mainwork)

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.

Snell’s 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.
New to this edition:
  • Fiduciary chapter covers the Court of Appeal decisions in Sinclair v Versailles, FHR v Mankarious and also Ranson v Customer Systems, as well as Newey J’s judgment in Vivendi v Richards. The chapter also comments on the HCA judgment in Howard v Commissioner of Taxation, and the FCAFC decision in Grimaldi v Chameleon.
  • Chapters on security covers the Supreme Court decision in Szepietowski and the Court of Appeal decision in Khans v Chifuntwe.
  • The Supreme Court’s decision in FHR v Cedar Capital (on appeal from the Mankarious decision).
  • Updating of citations to reflect the consolidation in the Charities Act 2011.
  • The chapter on breach of trust is rewritten to include the effect of the Supreme Court decision in Williams v Central Bank of Nigeria which considers the effect of limitation on claims for dishonest assistance in breach of trust.
  • Coverage of Marley v Rawlings on rectification of wills
  • Implications of Coventry v Lawrence on the availability of injunctive relief for claims in nuisance.
  • Expansion of the Penalties and Forfeitures chapter due to significant recent developments.
  • More commentary added on promissory estoppel
  • Coverage of undue influence is expanded
  • Statutory changes brought about by the Trusts (Income and Capital) Act 2013 and the Inheritance and Trustees’ Powers Act 2014.

KEY FEATURES:

  • 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.
 
Foskett on Compromise, 9th Edition

A compromise is the settlement of a dispute by mutual concession. Generally speaking a compromise occurs most often in a private law context, which is to say in disputes between individuals and/or commercial entities. A compromise can emerge from negotiations either before or after the commencement of litigation or arbitration proceedings and whether or not facilitated by mediation.

The purpose of Foskett on Compromise is to provide practitioners with a comprehensive and authoritative analysis of the legal framework for the resolution of disputes and the practical implications of the process of settlement however that settlement is achieved and whether it is a dispute within a domestic jurisdiction or involves cross-border implications.
 
FEATURES: 
  • Provides authoritative guidance on the law of compromise.
  • Establishes the legal foundations of compromise and the essential requirements of a valid compromise.
  • Goes through the procedure of compromise, its machinery and methods, with particular attention to Part 36 of the CPR in connection with disputes resolved within England and Wales.
  • Considers the consequences of a compromise and the effects of a breach.
  • Examines the enforcement of a compromise and how a compromise is put into effect.
  • Explains the practice of challenging the validity of (or ‘impeaching’) a compromise in order to have it set aside.
  • Deals individually with different types of dispute, including: settlements in Chancery litigation; matrimonial, family and inheritance disputes; serious personal injury claims involving children or patients; employment contract disputes; disputes in administrative law; landlord and tenant, boundary, and construction disputes.
  • Includes analysis of the compromise of arbitrations, domestic and international, appeals and compromises achieved through all forms of ADR.
  • Discusses the proper role of legal advisers (whether barrister, solicitor or other appropriate representative) in the process of compromise, including consideration of skills, responsibilities, obligations and liabilities.
  • Covers insurance interests and compromise.
  • Offers guidance and advice throughout as to best practice, for example as to what professional ethics and responsibility require in various situations.
  • Covers all aspects of the settlement of international commercial disputes whether achieved with the assistance of mediation or otherwise.
New to this edition
  • A new chapter on the settlement of international commercial disputes including a detailed analysis of ‘The Singapore Convention’.
  • New guidance on early neutral evaluation in all cases and on mediation and toher forms of ADR generally
  • Updates on cases concerning the “without prejudice” privilege
  • Updates on cases concerning Tomlin Orders
  • Update on the court’s approach to Part 36 offers and the role of Calderbank offers in general civil litigation
  • In the matrimonial jurisdiction, consideration of the post-Radmacher cases (including the Court of Appeal decisions in Versteegh and Brack); new guidance on setting aside consent orders on grounds of non-disclosure following the Supreme Court decisions in Sharland and Gohil; new analysis of setting aside and rectification of orders on the basis of mistake; and, new guidance on set aside applications and appeals following the introduction of FPR 2010 r. 9.9A and PD9A
 
Privilege 4th Edition

The fourth edition of this highly practical book examines privilege in all its aspects in terms which will appeal to the practitioner and academic alike. The author's explanation of the subject is both detailed and analytical, providing the reader with a definitive, comprehensive and expertly written account.
  • Explains the law of legal advice and litigation privilege in all its aspects
  • Goes through the core principles of legal professional privilege, including its rationale and the nature of the right
  • Looks at what constitutes privilege
  • Identifies situations where privilege occurs
  • Examines the boundaries of privilege
  • Covers the circumstances when privilege is deemed to be lost
  • Considers in detail ‘advice privilege’ and ‘litigation privilege’, covering the essential elements of both, the distinction between the two and matters specific to each such as the client-lawyer relationship, confidential communications and third party communications for ‘advice privilege’, and legal proceedings, expert witnesses, witness statements, and criminal proceedings for ‘litigation proceedings’
  • Assesses whether a documentary communication which was not made in privileged circumstances can subsequently to subject to legal professional privilege
  • Deals with the consequences where the subject matter of a privileged communication is one in which two or more persons can establish a joint or common interest
  • Addresses the general principles underlying the ‘crime-fraud exception’’, how it applies in both civil and criminal proceedings and the grounds on which it can be invoked
  • Shows how a claim to privilege is made in civil litigation, when it can be challenged, the circumstances in which a court will exercise its right to inspect documents of which the claim to privilege is made and what happens when an order for production is made in respect of materials which are privileged in part only
  • Takes into account the without prejudice privilege and how it differs from legal professional privilege
  • Analyses key judgments which have established the principles of privilege

 

 
Boilerplate: Practical Clauses 8th Edition

This compendium of boilerplate clauses in common use also features detailed analytical commentary on each clause, together with advice on its application. The book also takes account of recent case law where applicable and comes with a CD-rom containing all the clauses for ease of access to readers.
  • Offers a comprehensive range of boilerplate clauses to use in situations encountered when drafting commercial agreements
  • Provides guidance on when and how to use each clauses of benefit both to the experienced and more novice draftsperson
  • Identifies and explains relevant legislation in relation to boilerplate clauses used in drafting
  • Incorporates references to key case law and assesses its implications
  • Provides alternative clauses/wording to best meet client requirements
  • Gives analysis of clauses so that the implications of their use are made explicit
  • All the clauses are also provided on a CD-rom for ease of use to readers
  • Covers all standard warranties
  • Covers exclusions of liability
  • Provides whole agreement and variation clauses
  • Gives clauses for contracting and the internet
  • Examines the impact of cloud computing on the obligation to safeguard confidential information

 

 
Bullen & Leake & Jacob's Precedents of Pleadings 19th Edition

Bullen & Leake & Jacob’s 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.
  • 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 backed up by legislative and case law developments on each precedent
  • Written by an expert team of over 60 barristers
The 19th edition fully reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. A whole raft of new case law is incorporated into the text, and existing precedents are amended and new ones included. The Introduction to the Work is fully revised and various chapters, such as Banking & Financial Services, Discrimination at Work & Harassment, Fraud, Immigration, Intellectual Property and Property have been fully revised and updated.
 
The commentary takes into account legislative updates such as:
  • Air Navigation Order 2016 and Air Navigation (Amendment) Order 2019 (drones)
  • Consumer Rights Act 2015
  • Damages for Bereavement (Variation of Sum) (England and Wales) Order 2013
  • Data Protection Act 2018 & Regulation (EU) 2016/679 (“the GDPR”)
  • Electronic Presentment of Instruments (Evidence of Payment and Compensation for Loss) Regulations 2018 (SI 2018/832)
  • Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (SI 2019/632)
  • Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (SI 2018/1253)
  • Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (SI 2018/135)
  • Insurance Act 2015
  • Intellectual Property (Unjustified Threats) Act 2017
  • Mortgage Credit Directive Order 2015 (SI 2015/910)
  • Package Travel and Linked Travel Arrangements Regulations 2018 (SI 2018/634)
  • Payment Services Regulations 2017 (SI 2017/752)
  • Policing and Crime Act 2017
  • Small Business, Enterprise and Employment Act 2015
  • Taking Control of Goods Regulations 2013 (SI 2013/1894); Taking Control of Goods (Fees) Regulations 2014 (SI 2014/1)
  • The Pubs Code etc. Regulations 2016 (SI 2016/790)
  • Third Parties (Rights against Insurers) Act 2010
  • Trade Union Act 2016
  • Trade Secrets (Enforcement etc) Regulations 2018 (SI 2018/597) 
 
Hudson's Building and Engineering Contracts 14th Edition

Hudson’s Building and Engineering Contracts, 14th Edition, combines a well-established and much-trusted guide to the law around construction contracts with new cases, discussions and updates. An authority cited in court for more than a century, it provides in depth coverage of difficult and important construction problems based on long practical experience and on the learning of courts in many different jurisdictions.

KEY FEATURES:
  • An in-depth explanation and interpretation of the law relating to construction contracts
  • The issues arising from the provisions in common use in bespoke contracts and in all key standard construction contracts
  • The leading UK cases, significant and illuminating cases from commonwealth jurisdictions, and important decisions not reported elsewhere
  • Influential discussions of significant construction law problems
  • The ambiguities and technicalities often arising over interpretation and application of contracts

New to this 14th edition:

  • A reconsideration of the law on penalties since different jurisdictions have reacted to the House of Lords decision in Cavendish v Makdessi.
  • A revised analysis of the implied obligations of contractors and employers, including development of good faith obligations in the UK and elsewhere.
  • A new summary of insurance that is relevant to construction.
  • An extensive updating of adjudication cases in a dozen jurisdictions.
  • A new analysis of quality obligations.
  • A discussion of quantum meruit recovery on termination in the light of the High Court of Australia’s decision in Mann v Paterson.
 
Byles on Bills of Exchange and Cheques, 30th Edition

Byles on Bills of Exchange and Cheques is the essential reference guide to the regulation and use of payment instruments. Giving a detailed account of the law of bills of exchange, promissory notes and cheques, this classic text sets out the substantive and procedural law, as well as the application of the laws of principal and surety and insolvency to this context.

The new 30th edition incorporates legislative developments and recent caselaw from the UK and Commonwealth, as well as expanded discussion of set-offs.

  • Provides a detailed account of the laws and procedure governing the use of bills of exchange in the UK
  • Sets out the principles underlying the law of bills of exchange and cheques
  • Identifies the types of instruments and the relevant parties involved
  • Details a step-by-step analysis of the procedural law and relevant information for litigation.
  • Looks at the use of bills in international trade and the issues surrounding conflict of laws
  • Addresses the relevant duties of each party to the transaction and sets out the means by which the transaction is processed and discharged
  • Explains the liabilities and rights of the parties, including the liability of banks for breach of a mandate
  • Examines the relevance of the principle of Consideration for the contractual nature of the transactions
  • Considers the means by which a bill of exchange or cheque may be altered and the legal protections against forgeries
  • Undertakes a detailed analysis of the nature and operation of cheques, as distinct from other bills of exchange
  • Sets out the nature and legal issues with respect to promissory notes
  • Addresses the consequences of lost bills or cheques, and payments made in error
  • Considers the application of the laws of principal and surety, and insolvency law to the context of bills of exchange

 

 
Benjamin's Sale of Goods, 10Ed (Mainwork & 2nd Supp)

The 10th edition of Benjamin’s Sale of Goods provides comprehensive advice on case law and legislation regarding sale of goods in the UK and globally. First published in 1868, this title is a must-have purchase for commercial practitioners, academics and barristers.
 
Benjamin’s Sale of Goods leaves you safe in the knowledge you have the expert counsel to rely upon, even when faced with the most complex challenges.
The answers you need are at your fingertips, allowing you to find answers quickly and work with confidence.
 
The 10th edition takes in major changes to the law since the previous, most importantly:
  • The Res Cogitans case: a highly significant decision that means a supplier of goods reserves title to them pending payment, but permits the recipient to consume some or all of those goods before the property passes, then the contract is not one of sale at all. Benjamin’s Sale of Goods up-to-date new edition guides you through this case law and its implications for those working in this area.
  • The Consumer Rights Act: this extracts from the Sale of Goods Act all provisions that apply only to consumer sales and also in many but not all instances disapplies the Sale of Goods Act when the contract is a consumer sale. It is imperative for consumer lawyers to learn how to navigate between the two Acts, which makes the expert commentary you can rely upon in Benjamin’s Sale of Goods an absolute necessity, ensuring you get it right for your clients.
Key Features:
  • Comprehensive coverage which covers the needs of practitioners interested in all areas of sale of goods case law
  • Clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws
  • Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title's added values
  • Offers full treatment and analysis of the Consumer Rights Act 2015 as it affects sale of goods contracts
  • Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations
  • Sets out the nature and formation of the contract of sale
  • Includes discussion of unfair contract terms in commercial and consumer sales
  • Details the remedies available when disputes arise
  • Explains the implications of E-Commerce, including electronic contracts and payments
  • Examines the law on Letters of Credit
  • Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives
  • Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999
  • Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection
  • Provides authoritative discussion on conflict of laws
  • Examines the international scope of the subject, with chapters on overseas sales
  • Takes you through the laws relating to consumer protection
 
Benjamin's Sale of Goods 10th Edition, 2nd Supplement

The 10th edition of Benjamin’s Sale of Goods provides comprehensive advice on case law and legislation regarding sale of goods in the UK and globally. First published in 1868, this title is a must-have purchase for commercial practitioners, academics and barristers.
 
Benjamin’s Sale of Goods leaves you safe in the knowledge you have the expert counsel to rely upon, even when faced with the most complex challenges.
The answers you need are at your fingertips, allowing you to find answers quickly and work with confidence.
 
The second supplement to the 10th edition of Benjamin’s Sale of Goods provides an update to the mainwork. First published in 1868, this title is a must-have purchase for commercial practitioners, academics and barristers. Benjamin’s Sale of Goods leaves you safe in the knowledge you have the expert counsel to rely upon, even when faced with the most complex challenges. The answers you need are at your fingertips, allowing you to find answers quickly and work with confidence.
 
 

 

 
Misrepresentation, Mistake and Non-Disclosure 5th 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.

KEY 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 representor’s 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.
 
Bowstead and Reynolds on Agency 21st Edition, 2nd Supplement

Bowstead & Reynolds on Agency is the essential reference source for commercial practitioners. Part of the long-established Common Law Library, this new supplement updates all relevant aspects of law and how they relate to agency agreements, including contract law, administrative law, tort, commercial/company law, the law of property and the conflict of laws.
  • Nature of the subject;
  • Creation of agency;
  • Authority of agents;
  • Agency of necessity;
  • Sub-agency;
  • Duties of agents towards their principals;
  • Rights of agents against their principals;
  • Relations between principals and third parties; Relations between agents and third parties;
  • Termination of authority;
  • Commercial agents;
  • A note on the conflict of laws;
  • Appendix 1 – Commercial Agents Regulations, 1993 
 
Colinvaux's Law of Insurance 12th Edition

Colinvaux’s Law of Insurance provides you with comprehensive and clear guidance on insurance contract law. This key title takes a detailed look at the following areas: insurance contracts, the different parties involved, and the features of special types of insurance. Part of the Insurance Practitioners Library and now in its twelfth edition, it remains an essential reference on the subject.
 
This twelfth edition has been revised with new features:
  • The most recent and important UK decisions, including: Young v RSA [2019] CSOH 32 (disclosure under the Insurance Act 2015); Euro Pools v RSA [2019] EWCA Civ 808 (claims made policies); Equitas v MMI [2019] EWCA Civ 718 (utmost good faith and claims); and more.
  • The chapter on property insurance has been rewritten to take account of a series of important decisions from New Zealand on the measure of indemnity, including Sartex Quilts v Endurance [2019] EWHC 1103 (Comm).
  • Significant updates to the chapter on motor insurance in light of amendments to the Road Traffic Act 1988 with key rulings from both England and Europe, including R & S Pilling v UK Insurance [2019] UKSC 16, Cameron v Liverpool Victoria [2019] UKSC 6 and Motor Insurers Bureau v Lewis [2019] EWCA Civ 909.
  • Discussion of important cases from Australia and New Zealand, including: Delta Pty v Team Rock Anchors [2019] QCA 62 (settlement of liability claims); Onley v Catlin Syndicate [2018] FCAFC 119 (directors and officers insurance); Xu v IAG New Zealand [2019] NZSC 68 (assignment of property claims).
Other key features of the book include:
  • Provides a detailed examination of the key principles, rights, and issues of insurance contract law in the United Kingdom.
  • Covers three distinct areas: the contract, the parties involved, and special types of insurance.
  • Extensive commentary on the construction of policies explaining issues such as risk, utmost good faith, insurance interest, the premium, claims, and loss.
  • Addresses the roles of the different parties involved, including intermediaries and the regulatory structure of the industry.
  • 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 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 legislation, regulation, and cases.
  • Provides an additional international dimension with analysis of significant Commonwealth decisions affecting the English courts.

Supplemented annually to ensure the text is always up to date. 

 
O'Hare & Browne: Civil Litigation 19th Edition

This book explains how the Civil Procedure Rules work in practice. The book covers the entire spectrum of civil litigation in a general and basic way. It provides a step-by-step guide through all stages of a civil action, from funding through to trial, costs, enforcement and appeals.
 
It is applicable to all civil litigation fee earners, barristers practising in civil litigation, trainee solicitors and barristers, and LPC (Legal Practice Course) and BPTC (Bar Professional Training Course) students and as such the market consists of students (though less so in recent years given an increase in student textbooks in this area), and new practitioners. It functions well as a transitional text offering more practical advice than a student textbook but still at a relatively basic level, making it useful for new practitioners, but perhaps less so for those more experienced who would likely go straight to the White Book for their information. Although it does not follow its exact structure, this book mirrors the White Book, and is cross-referenced to it. That is, rather than covering everything the White Book does, it picks out the parts of the Civil Procedure that the authors feel are most in need of additional guidance. It is therefore a complementary text to the White Book and serves as a feeder to it. The book is also an excellent refresher text.
 
By publishing every two years the authors are able to analyse and comment upon the changes as they evolve and bed down. This keeps the text fresh and topical, as it needs to be because the CPR is amended up to four times a year (and the White Book is supplemented in tandem).
 
FEATURES:
  • Provides a practical, comprehensive and detailed guide covering all areas of civil litigation in the High Court and County Court
  • Explains how the Civil Procedure Rules work in practice
  • Guides you through the procedure involved in any civil matter
  • Covers all stages of litigation in a logical sequence from pre-action to enforcement and appeals
  • Expert authors provide tactical and strategic advice, tips and solutions
  • Includes examples to help clarify what you need to do
  • Deals with costs and funding
  • Provides references to court forms and relevant rules
  • Refers to the Civil Procedure Rules and the White Book
  • Fully up to date with the latest legislative developments
  • Written in a concise and accessible narrative style, made easily navigable with helpful and frequent subheadings
NEW FOR the 19th edition:
  • There are new sections and discussions on:
  • Adjudications in the TCC
  • Shorter and Flexible Trial Schemes
  • Disclosure Pilot for the Business and Property Courts
  • Proportionality factors and how to apply them
  • Appointment of an Advocate to the Court
  • County Court powers on awarding interest catch-up with the High Court
  • The new CPR Rule 39.2 on public or private hearings
  • Proposals to increase the small claims track in PI claims

Plus a whole host of new case law. 

 
Bowstead and Reynolds on Agency, 21st Ed (Mainwork & 2nd Supplement)

Bowstead & Reynolds on Agency is the essential reference source for commercial practitioners. Part of the long-established Common Law Library, this new supplement updates all relevant aspects of law and how they relate to agency agreements, including contract law, administrative law, tort, commercial/company law, the law of property and the conflict of laws.
  • Nature of the subject;
  • Creation of agency;
  • Authority of agents;
  • Agency of necessity;
  • Sub-agency;
  • Duties of agents towards their principals;
  • Rights of agents against their principals;
  • Relations between principals and third parties; Relations between agents and third parties;
  • Termination of authority;
  • Commercial agents;
  • A note on the conflict of laws;
  • Appendix 1 – Commercial Agents Regulations, 1993 
 
Arlidge, Eady & Smith on Contempt 5Ed (Mainwork & 1st Supp)

Arlidge, Eady & Smith on Contempt is a comprehensive and authoritative commentary on the subject, explaining everything from the development of contempt, its origins in common law, its general principles, its various categories, and its statutory underpinnings (domestic and EU), through to the latest developments in this ever evolving area of law.
Since the last edition, there have been fundamental changes in the procedural landscape for contempt.
 
This supplement brings the work up to date to June 2019.
 
The 5th edition addresses, among many others, the following changes:
  • Committal and sequestration in the County Court and High Court are now governed by the new CPR 81 and its linked Practice Direction
  • The Practice Direction (Committal for Contempt: Open Court) (Senior Courts): [2015] 1 WLR 2192
  • The Criminal Procedure Rules 2015 make provision for committal in the criminal courts as well as for court reporting restriction orders
  • The continuing emphasis on open justice and transparency in the Family Court (as well as the Court of Protection), which has been reflected in the relevant parts of the Family Procedure Rules
  • The relevant sections of the current rules are all gathered together conveniently in the new edition as appendices. The importance of the procedural safeguards to be deployed in committal cases was again re-emphasised by the Court of Appeal in LL v Lord Chancellor [2017] EWCA Civ 237, the judgments in which were handed down on 10 April 2017, leaving time mainly just to note its significance.
  • The availability of public funding for those sought to be committed for contempt: Legal Aid, Sentencing and Punishment of Offenders Act 2012; the Criminal Legal Aid (General) Regs 2013; and the Criminal Legal Aid (Financial Resources) Regs 2013. Their application in the context of contempt has been addressed in important cases such as Re Ramet [2014] EWHC 56 (Fam) and Inplayer Ltd v Thorogood [2014] EWCA Civ 1511
  • The Law Commission in England & Wales has produced a number of reports and proposals on the subject, including on the abolition in this jurisdiction of “scandalising” as a form of contempt , which has been achieved by statute (although in Scotland the law of “murmuring” remains for the time being untouched). In New Zealand too there has been an Issues Paper from their law Commission which suggests that “scandalising” will probably be abolished there as being “untenable” in the modern New Zealand society. 
 
Arlidge, Eady & Smith on Contempt 5th Edition, 1st Supplement

Arlidge, Eady & Smith on Contempt is a comprehensive and authoritative commentary on the subject, explaining everything from the development of contempt, its origins in common law, its general principles, its various categories, and its statutory underpinnings (domestic and EU), through to the latest developments in this ever evolving area of law. Since the last edition, there have been fundamental changes in the procedural landscape for contempt.
 
This supplement brings the work up to date to June 2019.
 
The 5th edition addresses, among many others, the following changes:
  • Committal and sequestration in the County Court and High Court are now governed by the new CPR 81 and its linked Practice Direction
  • The Practice Direction (Committal for Contempt: Open Court) (Senior Courts): [2015] 1 WLR 2192
  • The Criminal Procedure Rules 2015 make provision for committal in the criminal courts as well as for court reporting restriction orders
  • The continuing emphasis on open justice and transparency in the Family Court (as well as the Court of Protection), which has been reflected in the relevant parts of the Family Procedure Rules
  • The relevant sections of the current rules are all gathered together conveniently in the new edition as appendices. The importance of the procedural safeguards to be deployed in committal cases was again re-emphasised by the Court of Appeal in LL v Lord Chancellor [2017] EWCA Civ 237, the judgments in which were handed down on 10 April 2017, leaving time mainly just to note its significance.
  • The availability of public funding for those sought to be committed for contempt: Legal Aid, Sentencing and Punishment of Offenders Act 2012; the Criminal Legal Aid (General) Regs 2013; and the Criminal Legal Aid (Financial Resources) Regs 2013. Their application in the context of contempt has been addressed in important cases such as Re Ramet [2014] EWHC 56 (Fam) and Inplayer Ltd v Thorogood [2014] EWCA Civ 1511
  • The Law Commission in England & Wales has produced a number of reports and proposals on the subject, including on the abolition in this jurisdiction of “scandalising” as a form of contempt , which has been achieved by statute (although in Scotland the law of “murmuring” remains for the time being untouched). In New Zealand too there has been an Issues Paper from their law Commission which suggests that “scandalising” will probably be abolished there as being “untenable” in the modern New Zealand society.
  • The Law Commission here has not yet produced its anticipated report on “contempt in the face”- Att-Gen v Davey; Att-Gen v Beard [2013] EWHC 2317
  • The topical and recurrent theme of juror misconduct has also been addressed by the Law Commission and the legislature. The offence of disclosing jury deliberations under s.8 of the Contempt of Court Act 1981 has been repealed and new offences have been introduced via s.20 of the Juries Act 1974.
  • A new offence has also been created to meet the problems of jurors carrying out independent research (especially on the internet) into the facts of their cases or into the character of the defendant(s) being tried.
  • There have been a number of cases involving alleged breaches by the media of the strict liability rule, as set out in ss.1 and 2 of the Contempt of Court Act 1981, and further analysis by the courts of these sensitive issues: Att-Gen v Times Newspapers [2012] EWHC 3195; Att-Gen v Associated Newspapers Ltd [2012] EWHC 2029; Att-Gen v Conde Nast [2015] EWHC 3322.
  • A further case has thrown more light on the somewhat vexed question of what is the appropriate mens rea for contempt outside the context of media publication: Sol-Gen v Cox [2016] EWHC 1241, where the court derived some help from the analysis in the Scottish case of Robertson and Gough v HMA [2007] HCJAC63.
  • Various further examples of penalties imposed by the courts and, in particular, in the context of the recurring theme of fraudulent claims for personal injury compensation. These follow on from the guidance given by the Supreme Court in Summers v Fairclough Homes Ltd [2012] 1 WLR 2004, to the effect that a custodial penalty will usually be appropriate.
  • The changes envisaged in ss.45 and 45A of the Youth Justice and Criminal Evidence Act 1999 were finally brought into effect in April 2013. The provisions of s.33 of the Children and Young Persons Act 1933, therefore, now only apply in civil and family cases. There remained continuing discrepancies and it was pointed out in Aitken v DPP [2015] EWHC 1079 that there may well be a need for yet further clarification by way of statute.
  • The need for the values of Articles 6 and 8 of the ECHR to be reconciled with the imperatives of open justice has again been addressed in a number of significant appellate decisions: A v BBC [2015] AC 588; Re Guardian News and Media Ltd [2015] 1 Cr App R4; R v Marine A [2014] 1 WLR 3326; and BBC v Roden [2015] IRLR 627.
  • The practical problems that can arise for judges, when trying to accommodate the needs of accredited journalists in the course of a trial, while also making provision for protecting national security, were illustrated in Guardian News & Media Ltd v R and Incedal [2016] EWCA Crim 11.
  • Chapter 9, on journalists’ sources, has been brought up to date to take account of recent thinking in judicial decisions such as Nagla v Latvia (2013) ECHR 668; Tillack v Belgium (2012) 55 EHRR 25; Keena v Ireland (29804/10); and R (Miranda) v Home Secretary [2014] 1 WLR 3140. But there is also consideration of the light thrown on the concept of journalistic “sources” in the Investigatory Powers Act.
  • The law of contempt has been described as “Protean”. Difficulties can be thrown up suddenly and unexpectedly in the course of any litigation, criminal or civil, It is thus useful to have available a text, and the relevant rules and precedents, to hand, in a single volume which attempts to cover the whole field – rather than being confined to one area of the law or category of disputes.
  • The Scottish chapter 16 has for this edition been revised and updated by Lord Eassie, who brings to bear in that specialist field many years of practical experience and scholarship.

 

 
Law and Practice of International Finance, The

The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic. It sets out complex products in simple terms, alongside providing practical guidance on the structuring of deals and agreements, negotiating points and sample precedents. Over 388 jurisdictions are surveyed, providing the broadest possible perspective on the international financial markets.

 
Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.
 
Project Finance, Securitisations and Subordinated Debt, 3rd Edition

The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic.

This book covers the essential principles of core features of international finance: project finance, securitisation and subordinated depth. It approaches the topics from a practical perspective, providing the reader with an in-depth explanation of the core concepts underlying insolvency law and practice, as well as guidance on the drafting of contracts.
 
Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.
 
Features:
  • Reviews project finance structures and explains exactly how the agreements should be set up
  • Examines project finance contracts and financial agreements, explaining the terms and how to draw up watertight agreements
  • Surveys securitisation internationally, comparing the world’s key jurisdictions, enabling the reader to advise on securitisations with parties from any jurisdiction
  • Sets out securitisation documentation from a practical perspective
  • Contains a global comparative survey of the law of subordinated debt
  • Explains the applicable legislation and regulations, drawing out the differences between jurisdictions
  • Discusses the different classes of subordination agreement
  • Provides document outlines for structuring documents correctly, without missing any crucial clauses or pertinent information
 
 
Drafting Trusts and Will Trusts A Modern Approach, 14th Edition

The new 14th edition of Drafting Trusts and Will Trusts is a crucial guide to drafting and understanding wills and trust documents. The work offers a comprehensive selection of precedents to suit a wide range of requirements, and helps ensure the practitioner can make the best succession planning judgments through the use of the correct wills and trusts.
 
This fully updated 14th edition has been written to incorporate all of the key developments in this area of law in the years since the publication of the previous edition.
 
Features of the 14th edition include:
  • Guidance on the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential to cover and those that can be safely be omitted
  • Coverage of the inheritance tax Residence Nil Rate Band
  • A new chapter on the drafting of co-ownership trusts of the family home and six new related precedents, including trusts providing for both fixed and floating shares and charge arrangements to protect third party contributions
  • Coverage of the Finance Act 2019
  • Updated chapters to reflect changes in law and practice including revised Law Society Guidance on Making Gifts of Assets, the use by beneficiaries of data protection legislation to obtain information about trusts, and the use of the STEP Standard Provisions in personal injury trusts
  • Written in an easy to understand style enabling the less experienced drafter to comprehend more complex issues
  • Fully reviewed and updated precedents for practical assistance with drafting
  • Precedents are accompanied with an explanation of why the text is there and the choices which need to be made 
 
Handbook of UNCITRAL Arbitration Commentary, Precedents & Models for UNCITRAL-based Arbitration Rules 3rd Edition

The Handbook of UNCITRAL Arbitration presents a practical, rule by rule guide to the UNCITRAL Arbitration Rules, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration. It reviews each stage of the UNCITRAL arbitration process, from the arbitration clause, through the arbitral proceedings, to the award.
 
"A precious companion and a valuable reference for those involved in international arbitration"
Anna Joubin-Bret, Secretary of UNCITRAL
 
New to edition:
  • Reflects the arbitral awards and state court decisions published in the last four years
  • Includes the 2016 UNCITRAL Notes on Organizing Arbitral Proceedings
  • Discusses the application of the various IBA Rules and Guidelines as reflected in the 2016 IBA Report on Soft Law
  • Covers current trends to manage arbitration procedure, in particular, bifurcation of issues
  • Features a table of challenge decisions regarding arbitrators rendered by institutions and courts
  • Focuses on the latest trends as to awarding of costs and for security for costs 
 
Duress, Undue Influence and Unconscionable Dealing 3Ed

Part of the Contract Law Library, the third edition of Duress, Undue Influence and Unconscionable Dealing provides a detailed account of the law relating to these areas. Duress, undue, influence and unconscionable dealing are grounds on which a contract could be avoided by one of the parties because his/her consent was obtained by conduct which the law considers unacceptable. 
 
Duress deals with circumstances where the complainant’s consent was obtained by the use of illegitimate pressure, such as a threat of physical violence or economic pressure.
 
Undue influence deals with cases where one person has acquired influence over another and that influence is exercised in an improper manner to procure the consent of the other person to enter into a contract. 
 
The related, but distinct, doctrine of abuse of confidence applies where a fiduciary enters into a contract with his/her principal. The concern here is not whether the transaction was procured by the exercise of illegitimate or improper pressure; it is that the fiduciary might have abused the confidence in him or her by acting to their own advantage at the expense of their principal’s interests.
 
Unconscionable dealing is concerned with cases where at the time of concluding a contract one party (the weaker party) was under some special disability, such as poverty, ignorance, illness, necessity, intoxication, and the other party took unconscientious advantage of the circumstances of the weaker party. The stronger party may be guilty of unconscionable dealing even though he has not exercised any form of pressure on the weaker party.
 
KEY FEATURES:
  • Provides comprehensive information on all aspects of duress, undue influence (including probate undue influence), abuse of confidence and unconscionable dealing
  • Covers recent developments and case law relating to these areas including Commonwealth cases
  • Helps you deal with problems arising from disputes
  • Gives a detailed explanation of the general principles
  • Explains the remedies and defences available
  • Examines the different types of duress including duress of the person, duress of goods and economic duress
  • It includes a comparative analysis of the approach in other jurisdictions, particularly Australia, Canadian provinces, New Zealand and Scotland.
  • Gives examples of how duress, undue influence and unconscionable dealing cases work in practice
  • Takes you through the detailed steps that should be taken by a bank in cases of non-commercial guarantees where there is a risk of third party duress, undue influence, or misrepresentation. 
 
Sales of Shares and Businesses, 5th Edition

The 5th 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.

 
 
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, you’ll 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 you’ll 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
 
Understanding the FIDIC Red and Yellow Books, 3rd Edition

Updated to cover the 2017 FIDIC Suite of contracts, and for the first time including the Yellow and Red Books, Understanding the FIDIC Red and Yellow Books continues the practical clause-by-clause commentary that is invaluable to any construction professionals dealing with FIDIC contracts. Coverage from practitioners in the UAE now means this title covers FIDIC in Civil Law jurisdictions, as well as Common Law.

 

New to this edition:

  • Describes how the FIDIC contract terms operate in relation to Civil Law jurisdictions, such as the UAE
  • Features an overview chapter dealing with issues such as the contract’s history and purpose, the concept of the engineer, time and money, dispute resolution, and enforcement of arbitral awards
 
Key features:
  • Covers the 2017 FIDIC Conditions of Contract for Works of Civil Engineering Construction: The Red Book, one of the leading international construction contracts
  • Covers also the 2017 FIDIC Conditions of Contract for Electrical and Mechanical Works including Erection on Site: The Yellow Book
  • Reproduces each clause in full, explaining the effect and operation of each one, considering latest case law and discussing problems frequently encountered in practice
  • Helps the user to interpret contract clauses correctly and decide whether amendments need to be made to suit your situation
  • Compares the new contract with previous versions of the FIDIC Red Book and other widely used standard contracts, such as the ICE forms
  • Provides guidance on whether amendments or deletions need to be made
  • Discusses problems frequently encountered in practice in relation to clauses
  • Considers in detail the MDB harmonised version of the Red Book, approved for use by the World Bank, and its variations from the standard version of the Red Book
 
Benjamin's Sale of Goods (10th Edition, Mainwork & Supplement)

The 10th edition of Benjamin’s Sale of Goods provides comprehensive advice on case law and legislation regarding sale of goods in the UK and globally. First published in 1868, this title is a must-have purchase for commercial practitioners, academics and barristers.

Benjamin’s Sale of Goods leaves you safe in the knowledge you have the expert counsel to rely upon, even when faced with the most complex challenges.
The answers you need are at your fingertips, allowing you to find answers quickly and work with confidence.

The 10th edition takes in major changes to the law since the previous, most importantly:

  • The Res Cogitans case: a highly significant decision that means a supplier of goods reserves title to them pending payment, but permits the recipient to consume some or all of those goods before the property passes, then the contract is not one of sale at all. Benjamin’s Sale of Goods up-to-date new edition guides you through this case law and its implications for those working in this area.
  • The Consumer Rights Act: this extracts from the Sale of Goods Act all provisions that apply only to consumer sales and also in many but not all instances disapplies the Sale of Goods Act when the contract is a consumer sale. It is imperative for consumer lawyers to learn how to navigate between the two Acts, which makes the expert commentary you can rely upon in Benjamin’s Sale of Goods an absolute necessity, ensuring you get it right for your clients.

Key Features:

  • Comprehensive coverage which covers the needs of practitioners interested in all areas of sale of goods case law
  • Clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws
  • Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title''s added values
  • Offers full treatment and analysis of the Consumer Rights Act 2015 as it affects sale of goods contracts
  • Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations
  • Sets out the nature and formation of the contract of sale
  • Includes discussion of unfair contract terms in commercial and consumer sales
  • Details the remedies available when disputes arise
  • Explains the implications of E-Commerce, including electronic contracts and payments
  • Examines the law on Letters of Credit
  • Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives
  • Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999
  • Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection
  • Provides authoritative discussion on conflict of laws
  • Examines the international scope of the subject, with chapters on overseas sales
  • Takes you through the laws relating to consumer protection
 
McGregor on Damages (20th Edition, Mainwork & Supplement)

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for over 50 years.

Part of the Common Law Library McGregor on Damages provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to a full analysis of specific areas of damages.

The First Supplement to the Twentieth Edition covers all the latest developments in the law of damages since publication of the Twentieth Edition. These include important decisions on causation, remoteness of damage, damages for loss of a bargain, breaches of undertakings as to damages, non-pecuniary losses, and damages for trespass, discrimination, assault, and false imprisonment. The supplement also considers important decisions from the Supreme Court on personal injury damages, damages for negligent valuations, "negotiating" damages, and interest awards. 

Case updates include:

  • ARB v IVF Hammersmith Ltd [2017] EWHC 2438 (QB)
  • Meadows v Khan [2017] EWHC 2990 (QB)
  • SCF Tankers Ltd v Privalov [2017] EWCA Civ 1877
  • Tiuta Inernational Ltd v De Villiers Surveyors Ltd [2017] UKSC 77; [2017] 1 WLR 4627
  • Clay v TUI UK Ltd [2018] EWCA Civ 1177
  • Dryden v Johnson Matthey Plc [2018] UKSC 18
  • Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307
  • Morris-Garner v One Step (Support) Ltd [2018] UKSC 20
  • Phones4u Ltd (In admin) v EE Ltd [2018] EWHC 49 (Comm)
  • Prudential Assurance Company Ltd v Commissioners for Her Majesty''s Revenue and Customs [2018] UKSC 39
  • Smith v Khan [2018] EWCA Civ 1137
And many more…
 
Key features:
  • Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages
  • Clarifies complex areas such as loss of a chance, mitigation, causation and exemplary damages
  • Examines such issues as periodical payments and interest on damages
  • Goes through statement of case, the trial and appeals
  • Considers damages in relation to particular contracts, tort and human rights such as below:
Contracts
  • Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage and Contracts of Employment
Torts
  • Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy and Misfeasance in Public Office
Human Rights
  • Damages are sought through the courts to compensate someone who suffers loss, damage or injury caused by the action of others
 
Injunctions, 13th Edition

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

Injunctions:

  • Covers the full range of injunctions in one volume.
  • Provides a concise and practical guide with particular emphasis on explanation of procedure.
  • Sets out what remedies are available and to which situations they are best suited.
  • Covers all matters of jurisdiction and the discretionary powers of different courts.
  • Fully explains the criteria for both permanent and interim injunctions.
  • Gives step-by-step analysis of practice and procedure, covering interim applications, other proceedings (including appeals), freezing injunctions, search orders and contempt of court.
  • Contains a useful collection of official and unofficial precedents.
  • Includes a chapter on matrimonial and domestic proceedings written by Her Honour Judge Isabel Parry.
  • Deals with special cases such as ones dealing with restraint of publications, employment contracts, public law, defendants outside the jurisdiction, restraint of legal proceedings, and discrimination.
The new 13th 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:
  • Privacy injunctions: PJS v News Group Newspapers
  • Website blocking injunctions: Cartier International v BSkyB
  • Claimants’ duties to the court in public law injunction cases: SB (Afghanistan) Notification injunctions: Holyoake v Candy
  • New practice guidance in family injunction cases

 

 
A Practical Guide to International Commercial Arbitration, 2nd Edition

A Practical Guide to International Commercial Arbitration provides essential hands-on guide to give you practical, up-to-date and easily accessible advice and knowledge in this area.

Bringing you a step-by-step guide to the arbitration process, it sets out to advise on building a strategy to ensure every stage of the arbitral process meets the commercial objectives and maximises its prospects of success

The new 2nd edition:

  • Is fully up-to-date to include recent rule changes from all the major arbitration bodies
  • Deals with both the contractual arrangements necessary to provide for arbitration in the event of a dispute, and the process of the arbitration itself
  • Gives expert advice on the planning and conduct of each stage of the arbitral process from drafting an agreement to arbitrate to enforcing an award
  • Includes case study scenarios, comparative tables of selected rules and laws and an extensive glossary

 

What''s New?

  • Revisions and updates to: the 2012 ICC Rules of Arbitration; the 2012 Swiss Arbitration Rules; the 2012 CIETAC Arbitration Rules; the 2012 KLRCA Rules; the LCIA Arbitration Rules and HKIAC Rules
  • Revisions and changes to national arbitration laws, including the French New Code of Civil Procedure; the Singapore International Arbitration Act; and the forthcoming changes to Swiss Arbitration Law (the international arbitration provisions of the Swiss Public International Law Act)
  • Major recent decisions in growing commercial regions including India and Brazil
  • Further coverage of developing trends, such as third party funding
  • Expanded and developed appendices including flow charts with cross referencing to the main text
  • Expanded and updated glossary
 
International Energy Arbitration

With energy disputes now compromising some 40 per cent of all international commercial arbitrations, International Energy Arbitration offers a complete guide to the subject for arbitration practitioners and in-house counsel. It takes a sector-by-sector approach, examining arbitration processes across the entire industry, from oil and gas to renewable energies such as wind and geothermal.

The book examines in detail the legal framework surrounding energy disputes. It also sets out case studies of real disputes, providing valuable insight into the practical and legal issues that exist in complex international energy disputes.

  • Reviews the historial development of the energy arbitration sector
  • Provides a detailed examination of the legal framework surrounding international energy arbitration
  • Offers practical procedural advice from experienced energy arbitrators
  • Examines different types of energy arbitration sector by sector
  • Looks at upstream, midstream, downstream and unconventional oil and gas disputes
  • Covers disputes in all areas of the electricity sector - hydrocarbons, nuclear and renewable
  • Discusss key cases in a range of energy arbitration disputes
  • Contains relevant legislation for easy reference
 
 
A Practitioner's Guide to Authorised Investment Funds, 2nd Edition

A Practitioner’s Guide to Authorised Investment Funds is a complete practitioner’s guide to fund management, explaining the law and regulation governing the setting up, launching, marketing and operation of all major types of authorised fund vehicle. The new edition has been fully revised to cover all latest UK, European and international developments.
 
 
Civil Fraud

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 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. 

 
Goode on Principles of Corporate Insolvency Law, 5th Edition

The classic text on corporate insolvency law, providing a clear and comprehensive treatment of the fundamental principles underpinning insolvency law, and long relied upon by practitioners and the courts. In this work particular attention is paid to what assets are available for distribution on insolvency, transactions vulnerable to being set aside, and the liability of directors. The core features of liquidation, administration (and administrative receivership), schemes of arrangement and company voluntary arrangements, are identified and explained with reference to practice and underlying policy. This new edition has been thoroughly updated throughout.

Key features

  • Explores the framework and fundamental principles of corporate insolvency law, a knowledge of which is essential to an understanding of this complex field
  • Combines conceptual clarity with a rigorous analysis of the many difficult problems confronting the practitioner
  • Provides a comprehensive and up-to-date coverage of key features of increasingly complex insolvency legislation and a mass of case law
  • Contains a detailed treatment of the recast EU Insolvency Regulation and of the Cross-Border Insolvency Regulations which incorporate the UNCITRAL Model Law

New to this edition

  • Analysis of recent developments in the case law, including the Supreme Court decisions in the Lehman ‘Waterfall I’ proceedings, Akers v Samba Financial Group, Bilta (UK) Ltd v Nazir, Re Nortel GmbH, Rubin v Eurofinance SA, BNY Corporate Trustee Services Ltd v Eurosail, and Belmont Park Investments
  • Expanded treatment of the anti-deprivation and pari passu rules, in light of recent case law
  • Considers changes in the recast European Insolvency Regulation and related recent CJEU case law
  • Coverage of the new Insolvency Rules 2016
 
Bowstead & Reynolds on Agency (21st Edition, Mainwork & 1st Supplement)

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

 
Key features:
  • Examines the creation of agency
  • Provides coverage of the authority of agents
  • Discusses agency of necessity
  • Analyses sub-agency
  • Offers coverage of duties of agents towards their principals
  • Covers rights of agents against their principals
  • Covers relations between principals and third parties
  • Covers relations between agents and third parties
  • Covers termination of authority
  • Covers commercial agents
  • Provides a note on the conflict of laws
 
Formation and Variation of Contracts, 2nd Edition

This book provides a detailed account of the law relating to the formation and variation of contracts. This includes pre-contractual negotiations, offer & acceptance, formalities, consideration and promissory estoppel. 
 
In this second edition, Professor John Cartwright considers all the major developments in case law in these areas, including the recent decision of the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd (2018) on the enforceability of ‘no oral modification’ clauses.
 
Key features:
  • Draws together in single volume key issues relating to the formation and variation of contracts, focusing on the rules for their existence and validity
  • Brings together topics which are of fundamental importance to practitioners advising on the negotiation or validity of contracts, but on which there is no up-to-date specialist work
  • Traces the continuing development of the rules, as a response to changes within the English law of contract and to learn from developments being made in other legal systems
  • Highlights areas of contract law where there is likely to be significant argument about possible development in the coming years
  • Provides a perspective on the rules for the formation of contracts from an international and comparative dimension
  • Includes discussion throughout the book of difficult issues relating to contract formation as they arise in practice
  • Part I is devoted to pre-contractual negotiations (including remedies where negotiations fail to reach agreement) and finding the agreement through offer and acceptance
  • Part II is devoted to formalities, both in general and in contract in particular, including contracts for the sale of land, consumer contracts, contracts of guarantee and deeds
  • Part III is devoted to the requirement of consideration (which gives contract its character as a ‘bargain’ in the common law), both in the formation of a contract, and in the variation of an existing contract
  • Part IV is devoted to promissory estoppel, both its traditional role in the modification of a contract and its potential to develop in English law (noting how other common law jurisdictions such as the US and Australia have developed it) 
 
Lowndes & Rudolf: Law of General Average,15th Edition

Now in its 15th edition, Lowndes & Rudolf sets out, analyses and comments on the York-Antwerp rules, which govern the principle of general average in maritime law.

 
New to edition:
Covers the Supreme Court’s Decision in The Longchamp, a case concerning Rule F (substituted expenses) and its application in the context of the negotiation of a ransom paid to Somali pirates; this was undoubtedly the most significant decision in the law of general average since The Bijela (House of Lords, 1994). 
 
Discusses how The Cape Bonny provided useful additional guidance on the burden of proof and immobilisation of a ship in relation to peril. 
 
Re-visits Anglo-Argentine v Temperley in relation to loss of market and Rule C
References The Clipper Sao Luis in relation to the new wording in Rule G concerning recoveries
 
Extensively revises Section 5 with regard to the law governing the adjustment


Key Features:
The book is the definitive practitioner text on the principle of General Average, and the York-Antwerp Rules that govern it.
  • It defines General Average and explores the historical context and development of it as a legal principle.
  • It sets out key principles of the Law of Carriage by Sea.
  • The main section of the book offers a rule-by-rule commentary on the York-Antwerp Rules covering the historical background, development, practice and construction of each rule, from the Rule of interpretation and the Definition to the Treatment of cash deposits and Contributory values.
  • Advises on how rights of contribution are assessed and enforced.
  • Covers issues around the currency of the adjustment, including rates of exchange and the problem of set-off.
  • Describes the legal landscape around General Average Insurance and Recoveries, including what happens in the case of losses in excess of the insured value.
  • The appendices gather key documents, including the relevant international treaties, but also the Lloyds Average Bond, the BIMCO Average Bond Clause, the Lloyds Standard Form of Salvage Agreement and several Salvage Guarantee Forms.
  • Provides the reader with a comprehensive explanation of the principles underpinning these concepts. 
 
MacGillivray on Insurance Law, 14th Edition

MacGillivray on Insurance Law is the established authority on non-maritime commercial insurance and risk. For over one hundred years it has been a trusted text for providing comprehensive and clear guidance through its examination of the most recent cases and legislative developments. Covering general principles, particular classes of business and the parties involved, it is a must-have title for anyone seeking advice on insurance law.
 
The fourteenth edition has been updated to include:
  • Analysis of the highly significant Supreme Court case of Wood v Capita Insurance Services on construction
  • Looks at the Supreme Court decision in Brownlie v Four Seasons Holdings Inc and all the latest developments following its ruling in Patel v Mirza
  • Commentary on the ECJ case Van Hove v CNP Assurances SA concerning unfair terms
  • Numerous Court of Appeal decisions including Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc on aggregation, Western Trading Limited v Great Lakes Reinsurance (UK) Plc on reinstatement, and Maccaferri Ltd v Zurich Insurance Plc on notice of loss
  • The chapter on warranties has been significantly revised to take account of statutory reforms, whilst retaining full account of the previous law where still relevant
  • The aviation chapter has been updated with two new international conventions covering compulsory insurance: the General Risks Convention and the Unlawful Interference Compensation Convention
  • Fully updated references throughout the book to acknowledge changes introduced by the Insurance Act 
 
Keating on Construction Contracts, 10th Edition (Mainwork & Supplement)

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

Featuring:

  • Offers solicitors, barristers and construction professionals detailed and authoritative commentary on all issues relating to construction contracts, from an examination of Employer's Approval and Architect's Certificates to a recently added chapter on Delay and Disruption
  • Presents in depth practical help, delivered in a concise style, discussing legal principles, analysing judicial decisions, interrogating standard forms and interpreting legislation
  • Discusses in detail the standard form agreements upon which Building and Construction activity turns including commentary on Infrastructure Conditions of Contract, NEC3, FIDIC and JCT contracts 
  • Goes through the workflow of a construction contract, its formation and  composition
  • Examines the contractor’s right to payment and the recovery of payment for varied work
  • Deals with employer’s approval of the contracted work and the formal requirements of an architect’s certificate
  • Goes through such issues as excuses for non-performance, negligence and economic loss, and delay and disruption claims
  • Covers financial recovery and causation and liquidated damages and penalties
  • Addresses various equitable doctrines and remedies
  • Considers assignments, substituted contracts and sub-contracts
  • Reproduces relevant statutes including the 1996 Act as amended by 2009 Act, and the Scheme for Construction Contracts for easy access and navigation
  • Includes expanded coverage on procurement and the effect, and the Jackson reforms regarding proportionate costs and case management
  • Provides up-to-date references to and guidance on key primary case law and decisions from the UK, Europe and overseas, for example, the Court of Appeal decision in P.C. Harrington v Systech; the Court of Appeal decision in Lanes Group plc v Galliford Try Infrastructure Ltd
  • Ensures full coverage of Supreme Court cases which continue to define principles of contractual construction, for example, the Supreme Court decisions in Rainy Sky S.A. v Kookmin Bank; Berrisford (FC) v Mexfield Housing Co-Operative Ltd and Lloyds TSB Foundation for Scotland v Lloyds Banking Group plc (Scotland); The Supreme Court decision in Benedetti v Swairis The TCC decision in Walter Lilly v DMW Developments
  • Joint edited in three previous editions by Stephen Furst QC (Deputy Judge of the Technology and Construction Court and Recorder and member of Keating Chambers, acting for clients in the field of construction in all UK courts and forms of arbitration) and Sir Vivian Ramsey (former civil engineer and Head of Chambers, prior to joining the Bench, and serving in the Technology & Construction Court).
  • Contributed to by a stellar supporting team of experts from Keating Chambers who have been voted Construction Set of the Year in 2006, 2007, 2008, 2009, 2011, 2012, 2013 and 2014.
 
Hanbury & Martin: Modern Equity, 21st Edition

Hanbury & Martin: Modern Equity is a leading title on equity and trusts law, providing an up-to-date and modern account of this challenging area of the law.


Now in its 21st edition, this long-standing work is the second edition under the current authors. The new edition contains rigorous analysis of the latest in case law and academic debate with strengthened reference to other common law jurisdictions. Cited by the Supreme Court of Canada, the Alberta Court of Appeal and the Singapore High Court, Modern Equity continues to be unparalleled in breadth and detail, remaining the authority on equity and trusts law.

New for the twenty-first edition
  • Comprehensive coverage of recent developments, including detailed analysis of key decisions of the United Kingdom Supreme Court such as Akers v Samba on formalities, Patel v Mirza on the defence of illegality, Angove’s Pty Ltd v Bailey on constructive trusts, and PJS v News Group Newspapers on injunctions.
  • Careful engagement with the application of the law in lower courts across the field of trusts and equity.
  • Further reference to relevant case law from Australia, Canada, Hong Kong and Singapore.
  • Discussion of the impact of UK and European legislation relating to trusts, tax and transparency in the wake of political controversy over and media investigations into offshore tax havens (including the Panama and Paradise Papers).
  • Incorporation of legislative developments, including the Charities (Protection and Social Investment) Act 2016 and applicable finance and pensions legislation.
  • Assessment of Law Commission proposals in charity, pensions and succession law.
 
 
Goode on Legal Problems of Credit and Security, 6th 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 6th edition, gives a thorough and concise explanation of the law of credit and security so you can understand how the underlying principles apply to different transactions. The book defines how security can be applied as part of a credit agreement and explains key concepts such as attachment, set-off, fixed and floating charges.


The Sixth Edition covers:
  • New discussion of taking security over electronic assets, such as electronic bills of lading, electronic databases and bitcoin
  • Consideration of the Cape Town Convention on International Interest in Mobile Equipments and the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015
  • Revised discussion of automatic crystallisation clauses, in light of the Irish Supreme Court decision in Re JD Brian Ltd (In Liquidation)
  • Extensively revised discussion of Abbey National v Cann in the light of Southern Pacific Mortgages Ltd v Scott [2014] UKSC 52
  • Substantial update to discussion of the nature of security interest over receivables, on champerty and the operation of anti-assignment clauses
  • Discussion of new cases on equitable set-off, particularly Bibby Factors Northwest Ltd v HFD Ltd on the relationship between assignment and set-off

Goode and Gullifer on Legal Problems of Credit and Security will be invaluable to any student studying this area of law.


Key features:
  • 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
 
Electronic Signatures and Identities: Law and Regulation

This new, third edition of Lorna Brazell's Electronic Signatures and Identities Law and Regulation incorporates key changes and developments in the civil law relating to digital identities, not only in the UK but also in major international jurisdictions. In particular, the new edition provides a detailed discussion of the European Union's eIDAS (Electronic Identification and Trust Services for Electronic Transactions in the Internal Market) Regulation of 2014. 
 
Documentary Evidence, 13Ed

Now in its 13th edition, Documentary Evidence is a comprehensive guide to the legal obligations of disclosure. Logically presented and lucidly written, it provides detailed analysis and sensible practical advice. Following a chronological structure, it shows when and how a practitioner should take action in relation to the obligation to disclose. It is a standard work that is often cited in court judgments. 
 
Under the Civil Procedure Rules the parties to an action are encouraged to adopt a “cards-on-the-table” approach toward the exchange of information, not just once litigation has commenced but before as well. It is likely in the early stages that a few documents will be identified as being relevant or key to the matter at hand. These will be used to provide advice as to the merit or not of proceeding with the dispute. If the decision is taken to proceed, the law imposes a requirement to make full and proper disclosure, which is the process whereby the parties to an action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. This title deals with the nature and scope of the obligation to disclose.

Documentary Evidence: 
  • Provides a comprehensive guide to the principles, obligations and protections of disclosure, legal professional privilege and other aspects of evidence in the form of documents
  • Authored by a renowned QC, provides detailed analysis, practical advice and robust views often derived from cases in which he has been personally involved
  • Discusses in depth the key principles and problem areas of disclosure, and how to raise, or combat, the available defences against it
  • Is logically structured by following in chronological order the steps taken in conducting a case, showing the practitioner when and how to take action at each stage
  • Advises on how to obtain, assess and manage the documents needed and how to identify the key issues
  • Discusses how practices have changed consequent to the fact that most disclosure is now electronic disclosure and the challenges and opportunities presented by this
  • Analyses the extent of the powers of regulatory or public bodies to obtain or disclose documents