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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 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
 
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.
 
 
Chitty on Contracts, 33rd Edition (2 Volumes)

Chitty on Contracts is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law.

The work is in two volumes:

Volume One covers the General Principles of contract law, while Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors. (Volume One of the work is available as a standalone for those who need coverage of the general principles of contract law only).

KEY FEATURES:

Provides coverage of all relevant legislation and a huge depth of case reference;

  • Presents complete coverage of the law of contract, incorporating extensive reference to relevant legislation and recent case law
  • Contains interpretation and analysis of general legislation since the last edition,
  • Provides an in-depth examination of actions arising in contract law, including exclusion clauses, estoppel, illegality and public policy, mistake, misrepresentation and non-disclosure, breach of performance
  • Covers the formation of contract as it effects the Agreement; Consideration, Form, Mistake; Misrepresentation and Duress and Undue Influence;
  • Treats in detail the Capacity of parties
  • Analyses and comments on the terms of the contract relating to Express and Implied Terms; Exemption Clauses; Unfair Terms in Consumer Contracts; and Arbitration Clauses;
  • Examines Illegality and Public Policy
  • Under Joint obligations covers in detail the law of contract relating to Third Parties, Assignment;, Death and Bankruptcy
  • Examines and analyses contract law in relation to performance and discharge, covering Discharge by Agreement; by Frustration; by Breach;
  • Studies remedies for breach of contract, including damages and limitations
  • Discusses Restitution in relation to contract law
  • Analyses conflict of laws as if affects contract law
  • Deals individually with contracts in the following areas of law: agency, arbitration, bailment, bills of exchange and banking, building contracts, carriage by air, carriage by land, construction, credit and security, employment, gaming and wagering, insurance, restrictive agreements and covenants, sale of goods and suretyship
  • Offers interpretation and advice on the law when disputes arise, or when technical areas need clarification, and when responsibilities, obligations and entitlements need to be established
  • Supplemented regularly
  • Written by experts in contract law

Key new case law and legislation covered in Chitty 33

  • Impact of Human Rights Act 1998: McDonald v McDonald (SC)
  • Oral agreements for sale of land: Dowding v Matchmove Ltd (CA)           
  • Fraud: Hayward v Zurich Insurance Co plc (SC)
  • 'No reliance' clauses: First Tower Trustees Ltd v CDS (Superstores International) Ltd (CA)
  • Interpretation: Wood v Capita Insurance Services Ltd (SC)
  • Implied terms: Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd (SC)
  • 'No oral variations' clause; part payment of debt: MWB Business Exchange Centres Ltd v Rock Advertising Ltd (SC)
  • Acts of State: Mohammed v Ministry of Defence,  Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs and Belhaj v Straw (SC)
  • Illegality: Patel v Mirza (SC)
  • Damages for third party's loss: Swynson Ltd v Lowick Rose LLP (SC)
  • Assignment: - set-off: Bibby Factors Northwest Ltd v HFD Ltd (CA); - prohibitions on assignment: Business Contract Terms (Assignment of Receivables) Regulations 2018 (draft)
  • Damages: SAAMCo: - Hughes-Holland v BPE Solicitors; - mitigation: Fulton Shipping Inc of Panama v Globalia Business Travel SAU (SC);  - 'negotiating damages':  Morris-Garner v One Step (Support) Ltd (SC)
  • Liquidated damages: Cavendish Square Holding BV v Makdessi and ParkingEye Ltd v Beavis (SC)
  • Restitution: Bank of Cyprus UK Ltd v Menelaou (SC); Investment Trust Companies v Revenue and Customs Commissioners (SC); Lowick Rose LLP v Swynson Ltd; Angove’s Pty Ltd v Bailey (SC); Prudential Assurance Co Ltd v Revenue and Customs Commissioners (SC)
  • Agency: - irrevocable authority: Bailey v Angove’s Pty Ltd (SC); commercial agents: ERGO Poist’ovna a.s. C-48/16 (CJEU)
  • Banking: Payment Services Regulations 2017
  • Consumer law: Package Travel and Linked Travel Arrangements Regulations 2018 (draft); ParkingEye Ltd v Beavis (SC); Court of Justice cases on acting as a consumer; mixed purposes contracts; guarantees of loan by consumer to commercial company; traders as intermediaries for non-traders; when a court must raise EU consumer legislation on its own motion; commercial practices, including  misleading actions and misleading omissions; the exemption for the “main subject matter of the contract”; fairness under the 1993 Directive and choice of law clauses; collective actions and stays of proceedings.
  • Credit and security: implementation of the Mortgage Credit Directive
  • Employment: CJEU cases on 'rolled-up holiday pay' and on 'working time'
  • Insurance: Insurance Act 2015, including new ss 13A and 16A (late payment of claims); - fraudulent claims:  Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (SC); interpretation of exclusions: Impact Funding Solutions Ltd v Barrington Support Services Ltd  (SC)
  • Gaming -  'cheating': Ivey v Genting Casinos (UK) Ltd
  • Sale of goods: - retention of title clause: PST Energy Shipping Ltd v OW Bunker Malta Ltd (SC) 
 
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) 
 
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.
 
Limitation Periods, 8th Edition

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.
 
Since the 7th edition in 2014 the law has continued to develop in a number of important areas. Coverage in the new edition includes:
 
Procedural matters
  • Grant v Hayes & Butters on the definition of 'cause of action'.
  • Regional Court in Poznan (Poland) v Czubala on the time limits for giving of notices of appeal by public bodies against discharges from extradition proceedings under Pt 1 of the Extradition Act 2003.
Accrual of Cause of Action
  • Maharaj v Johnson and Escott v Tunbridge Wells BC on continuing torts and the date from which time runs.
  • Jacobs v Sesame Ltd on the question of the starting date in claims for investment misselling.
Discretionary Extension of Time
  • Collins v Secretary of State for Business Innovation and Skills on the question of the proper approach to discretionary extension of time under s.33.
Categorisation
  • The Small Business Enterprise and Employment Act 2015 s.108 increases the limitation period for a directors' disqualification application from two years to three.
  • Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc on restitutionary claims.
  • Les Laboratoires Servier v Apotex on the doctrine of ex turpi causa.
  • R. (Best) v Chief Land Registrar on time limitations and criminal trespass.
  • Kazakhstan Kagazy Plc v Baglan Abdullayevich Zhunus on Pt 36 Offers.
  • Several cases on the possible application of estoppel in a limitation context.
 

 

 
Medical Negligence, 5th Edition

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

 

 
De Smith's Judicial Review 8th Edition

De Smith has established itself as the leading work on the principles, practice and remedies of judicial review in England and Wales. De Smith takes the practitioner through the history, principles and practice of judicial review. The new edition reflects the continuing importance and complexity of judicial review, and incorporates recent fundamental developments in the area.
 
This new edition reflects the continuing importance and complexity of judicial review, and incorporates recent fundamental developments in the area. It deals with domestic grounds of review, challenges under the Human Rights Act 1998 and the use of European Community law in judicial review. It:
  • Provides solutions to the most complex legal problems relating to judicial review.
  • Analyses both the theoretical foundations of the subject and its practice.
  • Supplies comprehensive guidance on what to do at every stage of an action for judicial review.
  • Explains the impact of the latest case law and procedural developments.
  • Sets judicial review in the context of the fast-changing administrative justice system (including “proportionate dispute resolution”, the new tribunal system, recourse to ombudsmen).
  • Draws on relevant experience from other Commonwealth jurisdictions, especially Australia, Canada, India, New Zealand and South Africa. 
 
Guest on the Law of Assignment, 3rd Edition

Positioned within contract law, this work deals with the assignment of things in action – debts, contractual rights, etc. It deals only with voluntary assignment and not compulsory assignment as with bankruptcy or liquidation.
 
This book is intended for the practitioner who has a problem, issue or case involving the voluntary assignment of things in action, either in giving advice or preparing litigation. Following the approach of titles such as Chitty on Contracts, this work enables the practitioner to find a statement of the law and then (if necessary) the authority that supports it.
 
New for this edition:
  • A consideration of the potential effects of Brexit and the Small Business, Enterprise and Employment Act 2015
  • Incorporation of new statutory and case law since the last edition
  • Added references to UK-based text (Snell’s Equity) for the benefit of practitioners of English law 
Other features:
  • Provides a thorough statement of the law of voluntary assignment including, for each issue or topic, the authority that supports it
  • Goes through the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action; detailing the requirements for assignment; and looking at the relationship of assignment and other transactions
  • Examines the law of assignments under section 136 of the Law of Property Act 1925, explaining its effect and requirements, and including the assignment of an equitable chose under section 136
  • Goes through equitable assignment and agreements to assign, covering both an equitable assignment of an equitable chose and of a legal chose
  • Deals with restrictions on assignment, covering contractual terms forbidding assignment, prohibition by statute or public policy, and personal contracts and covenants
 
Construction Delay and Disruption: Practice and Procedure

Construction Delay and Disruption: Practice and Procedure is the first title of its kind to provide the background and theory of this very technical field, with the underpinning of real-life experience and practical examples to enable readers to gain practical instruction on how to manage these issues in construction life, as well as in court/ADR/arbitration and dispute board settings. The author’s clear and understandable style presents this topic in a way that all practitioners – both contractors and legal professionals – can understand and make effective use of. 

Comprehensively covers the issues and procedures associated with construction delay and disruption:

  • Reviews specific contract provisions and standard clauses on delay, and notice forms
  • Looks at time extensions and related practice and procedure, and legal conflicts
  • Addresses delay penalty issues and provisions for recovery of loss or expense
  • Describes prevention strategies
  • Gives real-world examples of project analysis and claims
  • Provides legal arguments for use in practice, court, ADR and arbitration
  • Includes forms for use in practice
  • Covers the subject as dealt with in standard forms: FIDIC, NEC3, ICE and JCT
  • Deals with risk assessment claim analysis, planning and scheduling risk
  • Takes the reader through forensic delay analysis, causation and concurrency
  • Looks at damages and their calculation
  • Includes global claims
  • Covers the law of the UK, related law in the US, Australia, Hong Kong, Canada, New Zealand and Sharia Law
  • Written by a specialist practitioner and experienced author in delay and disruption claims in engineering and construction projects worldwide 
 
McPherson & Keay Law of Company Liquidation, 4th Edition

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

 

 
Phipson on Evidence, 19th Edition

Phipson on Evidence is the leading work on civil and criminal evidence. It examines in detail all aspects of the principles and procedures making up the law of evidence. Coverage includes the admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues.
 
Key features:
  • The leading work and authority on civil and criminal evidence, frequently quoted in court
  • Written by a prominent team expert authors, with excellent balance between leading practitioners and academics
  • Fully updates all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules
  • Examines in detail all aspects of the complex principles and procedures which make up the law of evidence
  • Looks at the admission of evidence
  • Considers the burden and standard of proof
  • Examines evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses
  • Discusses all aspects of good and bad character
  • Includes analysis of privilege and facts excluded by public policy
  • Examines hearsay in civil and criminal proceedings
  • Analyses the use and admission of opinion and expert evidence
  • Looks at the exclusion and inclusion of extrinsic evidence
  • Examines the judicial discretion to admit or exclude evidence
  • Considers a broad range of case law, including that of the Commonwealth

 

 
Gatley on Libel and Slander, Mainwork & Supplement

  • Provides an authoritative and comprehensive guide to the law of defamation.  The twelfth edition is substantially revised to cover recent case law (domestic, Commonwealth and Strasbourg) and important legislation including the Defamation Act 2013
  • Includes expert commentary and analysis of substantive defamation law, including discussion of all significant recent English case law
  • States the English law of defamation as it stands prior to the coming into force of the Defamation Act 2013
  • Discusses the Defamation Act 2013 and its impact on English law and practice
  • Offers detailed coverage of the relevant procedure and guidance on practising in defamation law and other related areas of law
  • Includes reference to cases from other jurisdictions with commentary on their relevance to English law and procedure, in particular decisions from Australia, New Zealand, Canada and Hong Kong
  • Discusses the jurisprudence of the European Court of Human Rights and the impact of the Human Rights Act 1998 on defamation law and privacy
  • Explains the constituents of related causes of action arising from the publication of statements and images, e.g. misuse of private information, breach of confidence, and harassment, and the defences to such claims, and discusses recent case law on these topics
  • Deals first with substantive law and then with procedure, clearly separated into chapters and sections
  • Sets out key legislation
  • Includes summaries of libel awards in the appendix material

The Second Supplement includes full updates on all developments in defamation case law, both substantive and procedural, including analysis of the effect on English law and practice of the Defamation Act 2013, and in particular:

  • Discussion of the impact of the Court of Appeal’s highly important decision in Lachaux v Independent Print Ltd [2017] EWCA Civ 1334, [2018] EMLR 1 on the construction of s.1 Defamation Act 2013
  • Consideration of recent authorities on liability for third party content (Google Inc v Trkulja [2016] VSCA 333, Delfi v Estonia (2016) 26 EHRR 6, MTE and Index.hu Zrt v Hungary Application no.22947/13 and Tamiz v UK Application no. 3877/14)
  • Analysis of authorities interpreting Defamation Act 2013
  • Comprehensive guidance for practitioners of the effect of the demise of jury trial in defamation, and its impact on preliminary determination of issues, including questions of meaning and serious harm
  • In misuse of private information, discussion of Weller v Associated Newspapers Ltd [2015] EWCA Civ 1176; [2016] 1 WLR 1541, PJS v Times Newspapers Ltd [2016] UKSC 26; [2016] AC 1081, which considers the concept of public domain and raises important questions about the interests protected by the tort, and Khuja v Times Newspapers Ltd [2017] UKSC 49; [2017] 3 WLR 351, which concerns the balance to be struck between the article 8 rights of those arrested but not charged and the public interests in open justice and free speech, and where there are interesting observations on the overlap between defamation and misuse of private information
  • Discussion of ambit of Protection from Harassment Act 1997 in media publication cases


All the latest developments in libel and slander, malicious falsehood and privacy from here and overseas are covered in this second supplement to the twelfth edition of this title

 
Bowstead & Reynolds on Agency, 21st Edition

Bowstead & Reynolds on Agency is the essential reference source for commercial practitioners. Part of the long-established Common Law Library, this new edition brings together 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.
 
The 21st edition covers the role of agent and principal and offerings explanation, advice and interpretation that will give you a better understanding of the law. 
 
New for this edition:
  1. Chapter 1: new material on nature of agency; amendment of material on application of agency law to companies with breaking up of material into separate paragraphs accordingly;
  2. Chapter 2: new material on capacity and authority of agent to contract with self on behalf of principal; revision of material on the relevancy of illegality to agency;
  3. Chapter 3: considerable new material, including on the nature of actual authority and the effect of dishonesty in an agent; the power of a principal to continue to act despite appointing an agent;
  4. Chapter 5: some elaboration of points arising with sub-agents.
  5. Chapter 6: recasting of material on agent’s duties to comply with mandate and instructions; effect of illegality as between principal and agent; new material on disclosure and consent in relation to conflicts of interest; new material on circumstances in which an agent holds property on trust for the principal; rewriting of material on compensation for breach of duty; new material on fiduciaries’ positive equitable duties; new material on self-dealing and fair-dealing; new material on duties owed to separate principals;
  6. Chapter 7: new material on uncertainty in agents’ remuneration entitlements; forfeiture of remuneration; commissions on renewal; rights to indemnity; rights of attorney to remuneration;
  7. Chapter 8: new material on apparent authority; imputation of an agent’s knowledge
  8. Chapter 9: new material on agents’ liability for breach of warranty of authority
  9. Chapter 10: new material on power of principal to terminate agent’s authority. 
 
Lewin on Trusts, 19th Edition, Mainwork & Supplement

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

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

HIGHLIGHTS COVERED IN THIS NEW EDITION:

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

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

SUPPLEMENT COVERAGE:

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

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

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

 
Consumer Financial Services Complaints and Compensation, 2nd Edition

This fully revised new edition examines the compliance and redress regime for mis-selling, administration and claims problems with a practical emphasis on complaint handling, It is an easy to use guide to the complaints sourcebook for the smaller IFA. For larger firms and their professional advisers it acts as an effective reference book enabling the reader to rapidly refresh their understanding of the rules and "best practice" procedures.
 
 
Shareholders Agreements, 7th Edition

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

 

 
Lindley & Banks on Partnership, 20th Edition

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

 
New for the 20th Edition:
 
  • New and detailed coverage on private fund limited partnerships (PFLPs) as a vehicle for investment following the Legislative Reform (Private Fund Limited Partnerships) Order 2017
  • Explores partners’ statutory and other rights to information and access to books, the potential impact of the restraint of trade doctrine on the partnership agreement whilst the partnership continues and the interplay of the courts’ jurisdiction over partnerships with its powers under TOLATA 1996. 
  • Includes a revised and extended treatment of the vexed issue of repudiation and partnerships in the light of Goldstein v. Bishop and related decisions.
  • Considers the impact of cases such as Boghani v. Nathoo (on rights and duties under s.38 of the 1890 Act), Bates van Winkelhof v. Clyde & Co LLP (on the overlap of employment rights with partnership) and Hosking v. Marathon Asset Management LLP (on the equitable doctrine of forfeiture).
 
The Law of Nuclear Energy, 2nd Edition

Covers all aspects of the legislative framework for nuclear power and nuclear power projects. 

 
Lightman & Moss on the Law of Administrators and Receivers of Companies, 6th Edition

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

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

 

 
The Supreme Court Practice 1999 (The White Book) 2017 Reprint

A 2017 Reprint of the September 1998 edition
 

This is the last published edition pre the Woolf Reforms which created the modern Civil Procedure Rules we know today, still used by many jurisdictions whose own civil procedure rules are based on England and Wales’s as they stood for many years prior to 2000.


This 3 volume reprint will contain:

  • Volume 1: Complete and up to date (in 1999) Rules of the Supreme Court and County Court Rules with annotated commentary on the rules with case law.
  • Volume 2: Forms, practice directions, procedural tables, relevant statutory materials. 
  • Tables and Index.

 

The original Editorial Team of this included: The Right Hon. Sir Richard Scott V-C, Head of Civil Justice, the Senior Master and Queen’s Remembrancer, Chief Chancery Master, Chief Taxing Master, Registrar of Civil Appeals, District Judges, Queen’s Bench and Chancery Masters and other Officers of the Court.

 
Banking Litigation, 4th Edition

 The 4th of edition of Banking Litigation:

  • Covers all the major areas of potential conflict, from disputes with domestic customers to those arising from global custodianship and international banking
  • Gives detailed procedural advice alongside more strategic considerations, helping practitioners respond effectively at all stages of a dispute.
  • Deals with domestic and international banking litigation
  • Looks at conflict of laws issues
  • Advises on strategy in banking litigation
  • Shows how to identify potentially litigious situations and take preventative measures to avoid litigation
  • Explains procedure, with extensive analysis of disclosure in banking litigation
 
Cousins: Law of Mortgages, 4th Edition

Authoritative explanation of the law relating to mortgages, covering every type of mortgage agreement is covered, with the rights and duties of the parties involved spelt out, areas of dispute and the remedies available gone through, and the procedures for amending or transferring mortgages described. 

 
Exclusion Clauses and Unfair Contract Terms, 12th Edition

Exclusion Clauses and Unfair Contract Terms examines, in a straightforward and practical manner, this integral area of contract law and provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, this esteemed work offers key commentary on the means and method of successfully challenging an exclusion clause when seeking to disentangle a client from an agreement which may have proved onerous post agreement coming into force, and for which they are seeking a remedy. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the ways in which exclusion clauses are controlled by the judiciary and regulated by legislation.

 
The authors look at all aspects of the subject, examining unlawful, void and ineffective exclusion clauses, then as a result of this, explaining in a straightforward and practical manner how to draft exclusion clauses that are lawful, valid and effective. Written with a practical focus, the work includes sample exclusion clauses, illustrating the points made and providing templates for you to use in your everyday work.
 
NEW TO THIS EDITION:

• Fresh consideration of just when and how terms are incorporated into a contract (Barrier Ltd v Redhall Marine Ltd; Transformers v Needs; Goodlife v Hall Fire)
• Developments in the interpretation of exclusion and limitation clauses (Import Funding Solutions Ltd v AIG Europe; Persimmon v Taylor Wimpey; University of Wales v LCB)
• Development of the doctrine of allocation of risks when it comes to interpreting exclusion clauses (Transocean Drilling UK Ltd v Providence Resources plc; the Persimmon case)
• Just what counts as an onerous clause and how to ensure it is made part of the contract (Noreside v Irish Asphalt; the Goodlife case)
• Changes to what exclusion and limitation clauses are automatically void
 
Schemes of Arrangement in Corporate Restructuring, 2nd Edition

  • Provides in-depth guidance on the legal principles, formal procedures and practical questions arising in schemes of arrangement for corporate restructuring
  • Features extensive precedent material and detailed case studies of schemes in operation
  • Explains the different type of scheme available, including ''pre-pack'' schemes, assessing their comparative advantages and disadvantages
  • Explores the underlying legal principles, including ''timing'' and ''compromise''
  • Sets out a ''three-stage'' guide to schemes, from first court-hearing through to the ''sanction hearing’
  • Goes through each stage of the scheme process in detail
  • Features extensive precedents, including examples of schemes, letters, claim forms, statements, court orders, proxies and expert opinions, and hearing materials
  • Illustrates the issues covered by reference to detailed UK, US and European case studies compiled from the author''s experience
  • Deals with the complex cross-border and jurisdictional issues facing practitioners
  • Discusses how to get multi-national schemes recognised
  • Looks at the involvement of COMI in the recognition process
  • Examines bondholder issues
  • Looks at common issues with schemes, including competition, pensions, regulation, accounting, confidentiality and voidability
  • Provides a comparative analysis with other procedures including CVAs and Administrations

 

 
Shackleton on the Law and Practice of Meetings, 14th Edition

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

 

 
Law of Sukuk: Shari'a Compliant Securities

This book is the first authoritative guide to Sukuk, or shari’a-compliant securities. The book offers clear guidance for legal and finance professionals on the sale, purchase, origination and issuance of sukuk, including standard form documents and financial services contracts.

  • Offers guidance to solicitors, barristers and legal and finance professionals on the sale, purchase, origination and issuance of sukuk, the Islamic equivalent of bonds
  • Gives an account of how to run Islamic finance transactions, including standard form documents and shari’a-compliant financial services contracts
  • Explains the meaning of sukuk, both modern and pre-modern, and compares bonds and sukuk
  • Provides an up-to-date treatment of the legal, regulatory, and policy issues pertinent to shari’a-compliant securities specifically in the UK and the utility of passporting to the European Economic Area
  • Explains English case law and statute on banking and company law as pertinent to the principles and practices of Islamic financial law
  • Authored by a leading English lawyer with experience of financial services in a shari’a compliant context
  • Sets out the steps to floating a sukuk on the LSE and includes the forms with which to do so, together with procedural and documentary timetables for sukuk and for listing on the LSE
  • Contains UK and international case studies of notable sukuk issuances and structures, to highlight issues of disclosure, liability, and insolvency or default specific to the sale of sukuk
  • Analyses the state of the art regarding benchmarks, rating and accounting for sukuk; offers some conjectural observations on the impact of Brexit upon Islamic finance in the UK and abroad
  • Explains and categorises nominate shari’a-compliant contract types; sets out the required document lists
  • Analyses the use of corporate service providers and offshore trusts and financial service centres
  • Analyses securitisation, asset backing and Islamic finance
  • Contains a glossary and explanation of Arabic terms pertinent to sukuk and classical Islamic commercial law
  • Sets out international hard and soft law on sukuk
  • Advises on and provides precedent language for sukuk prospectuses
  • Takes into account the usufruct and tangible property requirements
  • Presents alternative to litigation for sukuk: Islamic Dispute Resolution
  • Considers the costs and provides a cost-benefit analysis of sukuk
  • Covers corporate governance and Islamic banking and finance reviews Islamic securities and deals in the UK
  • Supports investigation of sukuk as a financing option and associated investment and asset classes
  • Identifies areas of legal uncertainty and attendant risk, and its related measurement and management, considering the respective utility and function of shari’a compliant and conventional instruments
  • Sets out analysis of completed or prospective deals in Islamic securities
  • Analyses and categorises nominate shari’a-compliant contract types
 
Keating on Construction, 10th Edition

Explains fully the principles governing building contracts, their practical application and their interpretation by the courts.

 
Arlidge, Eady & Smith on Contempt, 5th Edition

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. 

 
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 DaveyAtt-Gen v Beard [2013] EWHC 2317
 
The Law of Insolvency, 5th Edition

Main Features:
  • Incorporates major changes to primary and secondary legislation: Enterprise and Regulatory Reform Act 2013; Deregulation Act 2015; Small Business, Enterprise and Employment Act 2015; Insolvency Rules (England and Wales) 2016, plus Practice Directions issued in 2014.
    Includes commentary on the EU Insolvency Regulation, both in the original (2000) and recast (2015) versions.
  • Significant changes to insolvency procedures, including the replacement of debtors’ bankruptcy petitions to the court by online applications to an adjudicator; the abolition in virtually all cases of physical meetings of creditors, and also of company members, during the course of insolvency proceedings; various alternative procedures for an office holder to obtain creditors’ and members’ consent, including by the deemed consent procedure; removal of the requirement for liquidators to obtain sanction for the exercise of certain powers; extension of liability for wrongful or fraudulent trading to cases of company administration.
  • More than 300 new cases included in the new edition, including judgments by the Supreme Court in Jetivia v. Bilta (extraterritorial application of ss.213 and 238 of the Insolvency Act 1986); Olympic Airlines SA (jurisdiction under art.3(2) of the EU Insolvency Regulation);  Eurosail (test for balance sheet insolvency); Belmont Park Investments (the anti-deprivation rule); Paycheck Services (meaning of “de facto director”); the Nortel and Lehman Companies Pensions Cases (“provable debts” in administration); Rubin v. Eurofinance (limits to common law assistance for foreign insolvency proceedings).
  • Judgments by the Privy Council in cases relating to cross-border insolvency, including Saad Investments; Singularis Holdings; and Stichting Shell Pensioenfonds v.Krys.

 

 
Schemes of Arrangement in Corporate Restructuring, 2nd Edition

• Provides in-depth guidance on the legal principles, formal procedures and practical questions arising in schemes of arrangement for corporate restructuring

• Features extensive precedent material and detailed case studies of schemes in operation

• Explains the different type of scheme available, including 'pre-pack' schemes, assessing their comparative advantages and disadvantages

• Explores the underlying legal principles, including 'timing' and 'compromise'

• Sets out a 'three-stage' guide to schemes, from first court-hearing through to the 'sanction hearing’

• Goes through each stage of the scheme process in detail

• Features extensive precedents, including examples of schemes, letters, claim forms, statements, court orders, proxies and expert opinions, and hearing materials

• Illustrates the issues covered by reference to detailed UK, US and European case studies compiled from the author's experience

• Deals with the complex cross-border and jurisdictional issues facing practitioners

• Discusses how to get multi-national schemes recognised

• Looks at the involvement of COMI in the recognition process

• Examines bondholder issues

• Looks at common issues with schemes, including competition, pensions, regulation, accounting, confidentiality and voidability

• Provides a comparative analysis with other procedures including CVAs and Administrations

 
Schemes of Arrangement in Corporate Restructuring, 2nd Edition

 • Provides a comparative analysis with o

 
Arlidge, Eady & Smith on Contempt, 5th Edition

A comprehensive and authoritative commentary on the subject, explaining everything from the development of contempt from 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.

 
The Law of Reinsurance, 4th Edition

 The first supplement to the 4th edition updates the main work to include the latest on:

• Simmonds v Gammell [2016] EWHC 2515
• H v L & Ors [2017] EWHC 317 (Comm)
• The impact on insurance regulation and the ability of UK insurers/reinsurers to do business in the EU post Brexit
• The raft of new regulations resulting from Bermuda being granted Solvency II equivalence by the EU
• Contracts (Rights of Third Parties) Act 2016
• The Bermuda LLP
• The current state of the common law relating to the giving assistance to foreign liquidators
 
The Law of Insolvency

Explains the law and practice of corporate insolvency and personal bankruptcy, going through the procedures involved and examining the different options and the responsibilities and obligations of the parties involved.

 
Construction Insolvency, 6th Edition

 KEY FEATURES

  • Explains the key concepts of insolvency and construction law
  • Sets the principles within the complicated contractual relationships of the construction industry
  • Includes detailed analysis of technical areas such as assignment, novation, trust, set-off, bonds and guarantee
  • Explores the interface with other areas of law, such as equity, property, disputes, and directors' liability
  • Discusses how insolvency commonly arises in the construction industry
  • Considers formal and informal insolvency - and deals with insolvency claims
  • Looks at adjudication, and the relationship between adjudication and insolvency enforcement procedures
  • Discusses the growing use of security devices as protection against insolvency
  • Covers directors and employees involved in construction insolvencies
  • Uses in-depth case studies to illustrate the  everyday practice of insolvency
  • Draws on cases from the UK, Ireland, south-east Asia, and Australasia to highlight the problems that arise in practice
  • Gives practical guidance for solving specific problems
 
Carver on Charterparties

This is a major new, revamped version of significant sections of the renowned Carver’s Carriage by Sea (1982).

Carver on Charterparties is intended to accompany Carver on Bills of Lading, and the two volumes together now cover the ground of the old 1982 Carver. Carver on Charterparties is a significant contribution to this crucial commercial law field, and it seeks to re-establish itself as the leading narrative authority in the field. It covers the wealth of cases and legislation that have arisen in the field since 1982.


IMPORTANT CASES COVERED

  • The Giannis NK [1998] AC 605 HL - shippers' liability for dangerous cargo
  • The Eurus [1998] 1 Lloyd's Rep 351 CA - effect of instruction to delay tender of notice of readiness
  • The Hill Harmony [2001] 1 AC 638 HL - scope of owner's obligation to proceed with "reasonable despatch"
  • The Happy Day [2002] 2 Lloyd's Rep 487 HL - effect of a "premature" Notice of Readiness
  • The Starsin [2004] 1 AC 715 CA - concerned with the identity of the carrier, the effect of the Himalaya clause and the possible liability of a shipowner in tort.


FEATURES

  • Comprehensive consideration of the law of charterparties and positive features of Scrutton
  • Time Charters and Voyage Charters
  • An assessment of the fundamental principles of the law of obligations and consider their application and relationship with the law of charterparties
  • It will adopt the expository form
  • An encyclopaedic approach to the law of charterparties
  • Charterparties as forms of commercial contract, which enables solicitors to draft better contracts and barristers to test them
  • It clears up uncertainties in points of principle, while illustrating the principles in a wide variety of case material.
  • Pinpoints criteria required for the nature, validity, construction of the contract, the parties to it and specific terms, the performance of the contract during loading, during the voyage and during unloading of cargo.
  • Provides the nature of the liability of the parties to the charterparty for loss of or damage to the goods carried, to the carrying vessel, and the parties’ economic losses.
 
Carver on Charterparties

In conjunction with Carver on Bills of Lading, covers the ground of the classic 1982 treatise Carver’s Carriage by Sea. Carver on Charterparties is a major new work of thematic synthesis and analysis that seeks to re-establish Carver as the leading narrative authority in a fundamental area of shipping law. Its discursive and encyclopedic approach offers an alternative to that provided in Scrutton on Charterparties and Bills of Lading.

 
Construction Insolvency, 6th Edition

• Explains the key concepts of insolvency and construction law

• Sets the principles within the complicated contractual relationships of the construction industry
• Includes detailed analysis of technical areas such as assignment, novation, trust, set-off, bonds and guarantee
• Explores the interface with other areas of law, such as equity, property, disputes, and directors’ liability
• Discusses how insolvency commonly arises in the construction industry
• Considers formal and informal insolvency - and deals with insolvency claims
• Looks at adjudication, and the relationship between adjudication and insolvency enforcement procedures
• Discusses the growing use of security devices as protection against insolvency
• Covers directors and employees involved in construction insolvencies
• Uses in-depth case studies to illustrate the everyday practice of insolvency
• Draws on cases from the UK, Ireland, south-east Asia, and Australasia to highlight the problems that arise in practice
• Gives practical guidance for solving specific problems
 
Kennedy and Rose on the Law of Salvage, 9th Edition

• Provides in-depth coverage of all aspects of the law of salvage

• Explains the underlying concepts of salvage so the principles on which disputes frequently turn are clear
• Discusses the relationship between English Law and the IMO’s Salvage Convention
• Goes through all aspects of the salvage contract, including the standard salvage contract forms
• Examines the duties of each party and the consequences of misconduct
• Looks at salvage payments, covering who is liable and how they are distributed
• Presents coverage of awards of salvage arbitrators which dominate the actual ”case law” of salvage matters
• Considers underwater cultural property and treasure
• Examines environmental issues and how they impact on contractual and liability issues in modern salvage operations
• Covers the Nairobi International Convention on the Removal of Wrecks and the Bunker Convention
• Contains all the major salvage documents, international conventions, statutes, rules and regulations so they can be consulted easily
 
Mental Health Law, 6th Edition

Examines all the key issues, from informal and compulsory care and treatment of people with mental disorders to the safeguards against unjustified deprivation of liberty and the powers of tribunals and the courts. 

 
Sinclair on Warranties and Indemnities on Share Sales

This practical text contains precedents and commentary on warranties and indemnities on share sales. It 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.

  • 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
  • Covers general points on warranties
  • Provides detailed consideration of tax, property and general warranties in a share sale
  • Covers warranties applicable to an assets deal
  • 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
  • Provides precedent clauses in bold typeface for ease of location on the page, and to differentiate the wording fom accompanying commentaries and explanations
  • Provides precedents on CD for ease of access
    Includes Tables of Cases, Statutes, SIs and EC Legislation
 
Carver on Bills of Lading, 4th Edition

PRODUCT DESCRIPTION
 
Carver on Bills of Lading offers exhaustive coverage of the nature and uses of bills of lading in commercial transactions, negotiations and on occasion disputes. Written by two of the foremost commentators on this area of law, the work contains a commentary on the Hague-Visby rules and the Rotterdam rules in addition to coverage of the most important recent cases and Supreme Court decisions. The title is part of the British Shipping Laws Library.
The 4th edition:
  • Offers an in-depth analysis of the use and operation of bills of lading and certain related documents (such as sea waybills and delivery orders) by two of the leading academics globally.
  • Discusses the nature of a bill of lading, both as a receipt and as a contractual document
  • Explains the roles of each party to the bill of lading contract
  • Covers the contractual effects that follow a transfer of a bill of lading
  • Examines bills of lading as documents of title
  • Explains how and when third parties can be affected by bills of lading
  • Analyses the Hague and Hague-Visby Rules for the international carriage of goods by sea in detail
  • Offers commentary on the new Rotterdam Rules, which have received limited ratification but are expected to be widely adopted globally in the coming years.
New features of this edition include coverage of the developments in the law relating to bills of lading since 2011, with much of the text being reworked and brought up to date for 2017. Among the new cases discussed are:
  • The Erin Schulte
  • Finmoon v Baltic Reefers
  • Glencore International AG v MSC
  • The Sea Miror
  • The Superior Pescadores
  • The Saga Explorer
  • The BBC Greenland
  • The Eems Solar
  • The Golden Endurance
  • The Devon
  • The DC Merwestone
  • The Sky Jupiter

 

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

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

New to the 2nd edition:

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

 

 
Carver on Bills of Lading, 4th Edition

 Carver on Bills of Lading offers exhaustive coverage of the

nature and uses of bills of lading in commercial transactions,
negotiations and on occasion disputes. Written by two of the
foremost commentators on this area of law, the work contains
a commentary on the Hague-Visby rules
and the Rotterdam rules in addition to
coverage of the most important recent
cases and Supreme Court decisions.
 
Terrell on the Law of Patents, 18th Edition

The undisputed authority on the law of patents in the United Kingdom, from application to infringement. First published in 1884 and regularly cited in court, Terrell is an essential reference for anyone seeking practical and clear guidance on patent law, practice, and procedure. The 1st supplement updates the 18th edition with: Warner Lambert v Actavis [2016] EWCA Civ 1006 Positec Power Tools (Europe) Ltd v Husqvarna AB [2016] EWHC 1061 Illumina Inc v Premaitha Health Plc [2016] EWHC 1516

 
Guide to the General Data Protection Regulation

This title provides comprehensive coverage of the new EU General Data Protection Regulation and commentary on how it will impact on the UK national level. 
 
Intended as a companion to Data Protection Law and Practice (4th edition), the key and sole focus of this title is the General Data Protection Regulation. This book will provide a detailed and stand-alone account of the most significant development in UK Data Protection law since the 1998 Act itself.