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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) 
 
Keating on Construction Contracts, 10th Edition (Mainwork & Supplement)

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

Featuring:

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

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

 

 
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. 
 
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

 

 
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.
 
 
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).
 
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

 

 
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.

 
Exclusion Clauses and Unfair Contract Terms, 12th Edition

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

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

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

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

 

 
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.

 

 
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

 

 
Chalmers and Guest on Bills of Exchange and Cheques, 18th Edition

This 18th edition of Chalmers & Guest provides an annotated guide to the Bills of Exchange Act 1882 and the Cheques Act 1957, and offers legal practitioners comprehensive guidance to the to the law and practice relating to bills of exchange, cheques and promissory notes.
 
The 18th Edition
  1. Offers comprehensive guidance to the to the law and practice relating to bills of exchange, cheques and promissory notes
  2. Sets out the relevant legislation, principally the Bills of Exchange Act 1882, section-by-section to explain in detail what the legislation says and to provide opinion and guidance on how to comply with its terms
  3. Offers frequent illustrations to describe common situations where a legal problem might arise, i.e. the book presents the reader with a scenario and works through the legal consequences
  4. Deals with the legal capacity to enter into a contract
  5. Explains how consideration is required, and how the rules around consideration vary from the normal rules of contract law
  6. Covers the ability to transfer a bill from one person to another
  7. Goes through the general duties of the holder, such as what a holder must do to fix maturity of the instrument
  8. Sets out the liabilities of Parties and answers questions about who has to pay and who can be sued
  9. Deals with the effect of discharge and the circumstances where payment is not sufficient to discharge the bill 
  10. Considers acceptance and payment for honour, addressing the circumstances where the bill isn’t accepted or where the acceptor becomes insolvent
  11. Examines what happens when a bill is lost or destroyed
  12. Addresses the law where bills are split into parts
  13. Explains the applicable rules where the parties to a bill come from different countries
  14. Describer what a cheque is and the main exceptions where the Act does not apply to cheques
  15. Deals with crossed cheques 
  16. Looks at the law relating to Promissory Notes rather than orders
  17. Goes through a variety of general rules, e.g. good faith, computation of time, signature/company seals, bankruptcy
  18. Looks at the protection of bankers paying unindorsed or irregularly indorsed cheques, the rights of bankers collecting cheques not indorsed by holders, and unindorsed cheques as evidence of payment
  19. Covers conflict of laws
  20. Offers frequent illustrations to describe common situations where a legal problem might arise by presenting a scenario and working through the legal consequences
  21. Refers to case law throughout to support statements and guidance
  22. Reflects changes introduced by Small Business, Enterprise and Employment Act 2015 on bills of exchange and cheques- specifically related to electronic payment of bill
  23. Reflects provisions specific to Northern Ireland
  24. Presents a selection of precedent material for use in communications and court proceedings 
 
Drafting Trusts & Will Trusts: A Modern Approach, 13th Edition

Drafting Trusts and Will Trusts is the all-encompassing text. How? Its comprehensive style aids practitioners in the preparation of a variety of trust deeds. Covering both settlements and will trusts, the precedents are also provided on CD to support drafting.

  • A highly practical work covering all aspects of drafting settlements and will trusts from first principals and definitions of common terminology to types of trusts and their various uses
  • Covers the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential to cover and matters which may safely be omitted
  • Includes a large selection of newly updated Precedents which are drafted in a straightforward, modern way
  • Precedents are accompanied with an explanation of why the text is there and the choices which need to be made
  • Written in an easy to understand style enabling the less experienced drafter to understand more complex issues
  • The book serves as a guide to the interpretation of Trust documentation
  • Second edition of the STEP provisions discussed in-depth and reproduced in Appendices
  • CD containing the precedents in the book for quick and easy drafting
  • The Appendices feature a handy list of useful websites 
 
Damages for Breach of Contract

This is the principal guide to the legal profession as to what their clients/companies can claim for when they are the victims of a breach of contract, written by the author of Exclusion Clauses and Unfair Contract Terms, now in its 11th edition.

Features

  • Informs readers what their clients/companies can claim for when they are the victims of a breach of contract.
  • It explains and analyses the rule established in Hadley v Baxendale (1854), one of the most cited cases in the common law, including its refinement by the House of Lords (now the Supreme Court).
  • Outlines the development of all the relevant principles below through the substantial amounts of case law which govern them.
  • Analyses the principles of recovery for loss of bargain
  • Explains when recovery can take place for loss of profits.
  • Details when expenses incurred on reliance on the contract proceeding can be recovered following breach.
  • Covers recovery for damage caused.
  • Explains the duty on a party to mitigate loss in the case of a breach.
  • Clarifies the relevance of the innocent nature of the breach in question (or otherwise).
     
 
Goff & Jones: The Law of Unjust Enrichment, 9th Edition

Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field.

The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies.

The 9th Edition of Goff & Jones: The Law of Unjust Enrichment deals with the following six key matters in relation to making a claim:

• Explains how a claim in unjust enrichment can be precluded where a defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract
• Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit
• Considers the requirement that a defendant’s gain has been acquired at the claimant’s expense
• Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc
• Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality
• Explicates in detail personal and proprietary remedies for unjust enrichment
 

 
Drafting Commercial Agreements, 6th Edition

Commentary on, and provision of, precedents for use by the commercial practitioner advising clients on a range of business transactions. Includes all the most common transactions with related precedents grouped at the end of each chapter. CD-rom also contains all the precedent material. 

Main Features
  • Analyses agreements, basic principles, around the supply of goods and services
  • Analyses agreements, basic principles around agency and distribution
  • Analyses agreements, basic principles around mergers and acquisitions
  • Covers a wide range of other commercial agreements including:
    o  joint ventures
    o  confidentiality agreements
    o  employment contracts
    o  teaming agreements
    o Securities for debts
    o Dispute resolution and settlement agreements
    o Technology licensing agreements
  • Provides precedents for all the areas of commercial agreements covered in the work
  • Includes cross references to main case law 
  • Written by a high profile author with established track record and high-profile in this market
  • Includes a CD-rom of complete precedents for immediate use in drafting

 

 
Aldridge: Powers of Attorney, 11th Edition

Powers of Attorney is the definitive work providing clear guidance on the creation, interpretation and use of powers of attorney. Written in a succinct and straightforward manner, it provides everything needed to operate effectively in this area of the law. Beginning with an explanation of the scope of powers of attorney, it goes on to examine the duties of the parties involved, before looking at specific situations in which powers of attorney can be used.
The new 11th edition has been updated throughout to reflect recent developments in legislation and case law.
  • Clarifies the role, powers and duties of donor, attorney and third parties
  • Shows how powers of attorney are used in different situations, including land and companies
  • Advises on drafting issues
  • Includes forms and precedents
  • Explains how powers of attorney interact with trusts law
  • Covers lasting powers of attorney and examines the key case law since their introduction in 2007
  • Reproduces relevant statutes, statutory instruments and rules, so they can be consulted easily

 

 
Hewitt on Joint Ventures, 6th Edition

Hewitt on Joint Ventures 6th edition examines transactions where two or more existing companies agree to establish and participate in a common enterprise or business-related activity. It identifies the principal issues raised by a range of transactions, sets out the relevant background law and suggests ways of dealing with issues that arise.

Hewitt on Joint Ventures is written in a clear and practical way covering a range of specialist areas of law affecting joint ventures alongside useful checklists and precedents. To provide detailed commercial guidance whilst being tailored for the practitioner.

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 raised by an array of transactions, 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; 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
  • Recognizes 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
  • Default provisions and law of penalties
  • Transfers of shares in alleged breach of pre-emption rights
  • The duties of directors of joint venture companies

 Hewitt also covers the:

  • Increasing impact of laws relating to anti-bribery and corruption
  • The challenges affecting joint ventures with local parties in key international jurisdictions (Brazil, China, India, Malaysia and United Arab Emirates)

 

 
Goode on Payment Obligations in Commercial and Financial Transactions, 3rd Edition

Goode on Payment Obligations in Commercial and Financial Transactions is the essential text when looking for clear and in depth answers when dealing with issues arising from monetary obligations.  Shedding light on numerous areas of payment this title offers insight into familiar problems providing you with the solutions you need.

  • Covers all forms of payment obligations from the definition of money and payment through to international inter-bank transfers and foreign money obligations.
  • Offers new insights into familiar problems by rigorous analysis of underlying legal principles
  • Analyses the key concepts of money, payment, obligation to pay, the right to payment and defences/remedies regarding payment claims.
  • Explains the stipulations regarding time and interest – express and implied terms regarding time, the impact of termination of contract and the acceleration of liability
  • Delivers robust views on complex and important areas such as compound interest, payment to an agent, recovery of exchange rate losses and foreign illegality
  • Considers international inter-bank transfers and foreign money obligations
  • Provides an introduction to e-money and payment by card
  • Provides commentary on the law in Commonwealth jurisdictions and the US, thus providing a comparative approach to problems which, in their essence, are international in character
  • Examines the procedures which a bank must adopt to comply with anti-money laundering legislation without thereby exposing themselves to claims from customers.
  • Written originally by the eminent Sir Roy Goode QC and now edited by one of the leading practitioners in the field, Charles Proctor of Bird and Bird
 
Aldridge Powers of Attorney, 11th Edition

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

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

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

The Law of Passing-off is the only specialist practitioner's reference work dealing with the common law torts of unfair competition by misrepresentation, namely passing-off and injurious falsehood.
 
The Modern Contract of Guarantee, 3rd Edition

Provides a practical treatise on the law of suretyship in modern commercial practice. It includes analysis of the factors affecting the validity of the guarantee such as duress and undue influence and the liability of the lender for the acts of the principal borrower.
 
Conflicts of Interest, 5th Edition

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

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

 
Estoppel by Conduct and Election, 2nd Edition

One of the strongest justifications for this publication remains the fact that the examined doctrine is one of the most complex areas of modern law and requires clarification, for barristers who specialise in it and solicitors or other practitioners who from time to time need guidance in this area.

Estoppel precludes a person from denying the truth of a statement. There are different kinds of estoppel: by record, by deed, by representation, promissory etc.

Estoppel by conduct and election examines Estoppel in its commercial context looking at the general principles as well as the particular relationships which in which estoppels can arise. It benefits greatly from an in-depth examination of underlying case law actively demonstrating how principles are dealt with in the court.

COVERAGE

  • Covers a complex area in depth, explaining the general principles and application to practice areas
  • Written by a respected judge, an expert in this field and a proven author 
  • Covers different types of estoppel – promissory estoppel, estoppel by representation, and proprietary estoppel and by convention 
  • It examines the different relationships in which estoppel can arise, e.g. principal and agent, landlord and tenant, bailor and bailee, licensees of IP and bank and customer 
  • Inspects estoppel in different transactions from companies, insurance and insolvency
  • Illustrates how estoppel works by in-depth analysis of case law
  • Examines estoppel under both common law and statute
  • Deals with procedural matters and shows how estoppel can be used as a defence 

New to Edition

  • There are significant updates on the subject of Proprietary Estoppel.  Including Estoppel by encouragement, Estoppel by Standing by, estoppels as an equitable cause of action, estoppels by representation etc
  • Quasi Estoppel and Equitable defences will also be freshly examined including consent to breach of trust
  • There will be a major update on Promissory Estoppel, including a fresh approach on The Nature of promise, knowledge of rights, intention to affect legal relations and causation 
     

 
Electronic Evidence & E-Disclosure Handbook

Peter Hibbert’s Electronic Evidence and E-Disclosure Handbook provides practical step-by-step guidance on how to project-manage, seek, preserve, and analyse electronic documents for legal review and offers detailed insight on compliance with CPR Part 31 in civil litigation cases in the England & Wales jurisdiction. 

E-disclosure has emerged as a new and important facet of disclosure, as noted by Lord Justice Jackson in his Report on Civil Litigation Costs. It is now seen as inevitable in many cases, rather than an optional course for parties. It is therefore hugely important for judges, solicitors and counsel to have a fully detailed and up-to-date understanding of the process, the ever increasing and developing technology available and how it functions.

The author ensures that this insight is easily found in his Handbook – using reader-friendly language to explain the technology involved, starting with basic concepts and developing an understanding of some of the more advanced analytical systems. The text advises lawyers on how to communicate confidently with business clients’ IT departments, e-discovery vendors and indeed experienced judges, with a technological understanding and a vocabulary to match. The Electronic Evidence and E-Disclosure Handbook:

•explains where relevant data may be found
•demonstrates what software tools exist and what they do (in terms of collecting, processing, reviewing and analysing the data) 
•explains what practitioners can save in terms of cost and time  – with screenshots of a number of e-disclosure software tools, showing how data is actually displayed on-screen to enable lawyers to search and review 

 
The text goes on to guide the reader through the disclosure obligations under CPR part 31, in particular Practice Direction 31B, including essential points on:

•advising the client on the need to preserve data and the implications of preservation on business operations
•preparing for the first CMC, including how to conduct the required discussions on technology and disclosure
•how to avoid sanctions being imposed against the client and against the lawyer for disclosure failures

 
The Electronic Evidence and E-Disclosure Handbook is a complete text and looks beyond UK jurisdictions. The author tackles issues which can arise when relevant data are stored in foreign jurisdictions, and also provides an understanding of the legal, practical and technical issues that can arise when transferring electronic data into and outside the England and Wales jurisdiction.

As Lord Justice Jackson remarked in his foreword to the Handbook: ''I anticipate that it will become the vade mecum for any lawyer conducting heavy civil litigation''.
 
Boilerplate: Practical Clauses, 7th Edition

Boilerplate: Practical Clauses, 7th Edition covers the commonly used Boilerplate clauses for commercial contracts. This compendium of boilerplate clauses in common use also features detailed analytical commentary on each clause, together with advice on its application.

COVERAGE

  • 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
  • Analyses the provisions and impact of the new EU Consumer Rights Directive, particularly in relation to trading over the internet
  • Provides a discussion of the latest cases on the Unfair Terms in Consumer Contracts Regulations
  • Considers the legal effect and drafting of whole agreement clauses and exclusion of liability for precontract misrepresentation in the light of the Court of Appeal decisions in Springwell and AXA
  • Discusses signature of contracts and completion of transactions by electronic means
  • Provides a detailed discussion of and analysis of the relevant cases relating to the Eisudem Generis Rule
  • Covers the latest cases relating to non-binding heads of agreement
  • Studies the provisions and impact of the new EU Directive on late payment of debts

 

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

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

 

 
Injunctions, 12th Edition

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

Injunctions:
  • Covers the full range of injunctions in one volume.
  • Provides a concise and practical guide with particular emphasis on explanation of procedure.
  • Sets out what remedies are available and to which situations they are best suited.
  • Covers all matters of jurisdiction and the discretionary powers of different courts.
  • Fully explains the criteria for both permanent and interim injunctions.
  • Gives step-by-step analysis of practice and procedure, covering interim applications, other proceedings (including appeals), freezing injunctions, search orders and contempt of court.
  • Contains a useful collection of official and unofficial precedents.
  • Includes a chapter on matrimonial and domestic proceedings written by Her Honour Judge Isabel Parry.
  • Deals with special cases such as ones dealing with restraint of publications, employment contracts, public law, defendants outside the jurisdiction, restraint of legal proceedings, and discrimination.
This 12th Edition includes essential updates on:
  • Damages in lieu of an injunction: Lawrence v Fen Tigers
  • No injunction to ban autobiography: Rhodes v OPO
  • The Anti-Social Behaviour, Crime and Policing Act 2014
  • Important recent case law on freezing injunctions
  • New powers for district judges in injunction cases
 
Private Equity Law and Practice, 5th Edition

Established as the leading reference work on planning and executing both the funding of start-up companies and acquisitions through venture capital. Covering the major legal and business aspects of funding via private equity, this accessible guide provides all the practical legal and commercial information needed in this area.
  
FEATURES & BENEFITS
  • Provides a helpful introduction to private equity, an overview, its historical development, the modern day rationale for its use, past, present and future implications and key points to take forward.
  • Discusses the methods of raising private equity in the post-economic collapse climate and how best to secure it.
  • Explains the ‘investment criterion’ and its use in the industry as a means of securing private equity
  • Details methods of raising funds and choosing the best
 
 
Guest on the Law of Assignment, 2nd Edition

Positioned within contract law, this new 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.

  • 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
  • Covers the position of creditors, trustees in bankruptcy and personal representatives of the assignor, and the liquidator of an assignor company
  • Analyses the problems associated with priorities, including those between competing assignees, competing holders of interests in shares, and an assignee and a chargee under a charge created by a company
  • Considers special priority rules and variation of priorities
  • Establishes defences available to the obligor under assignments subject to equities, including defences that impeach the existence or enforceability of the chose in action assigned, set-off, and right of retainer
  • Reviews available financing devices involving assignment, with coverage of financing of receivables, factoring, block discounts, and securitisation
  • Looks at situations where there is assignment of obligations or liabilities
  • Addresses conflict of laws, centring on the law applicable to contractual obligations under Article 14 “the Rome I Regulation”, as well as Transactions outside Article 14
  • Covers key case law, including analysis of the rule in Dearle v Hall (1828) on priorities between competing assignees; Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (1994) on prohibition of assignment; Pan Ocean Shipping Co Ltd v Credit Corp Ltd (1994) on position of the assignee; Raiffeeisen Zentralbank Osterreich AG v Five Star General Trading LLC (2001) as indicative of the correct interpretation of Article 14 of Regulation (EU) 593/2008 ("the Rome I Regulation")
  • Written in the Common Law Library style to enable the practitioner to find a statement of the law then (if necessary) go to the authority that supports it.
  • Eminent author who is a former General Editor of Chitty on Contracts and Benjamin’s Sale of Goods
 
Personal Injury Pleadings, 5th Edition

  • Supplies everything needed for drafting pleadings in personal injury claims
  • Contains a comprehensive set of sample pleadings together with detailed advice on their correct drafting, ensuring practitioners prepare statements of case that are properly constructed and include all of the necessary elements
  • Covers a wide variety of areas of PI practice, from general topics such as occupiers'' liability and motorists liability to specific areas such as liabilities for sports injuries and injuries by animals
  • Provides commentary and guidance on drafting, plus up-to-date case law, relevant legislation and sample pleading
 
Sale of Shares and Businesses, 4th Edition

The new edition of 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.

Coverage:

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 final implementation of CA06
  • 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
 
Expert Evidence: Law and Practice, 4th Edition

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

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

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

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

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

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

 
Solicitors' Claims

  • Draws together the legal and practical issues which most commonly arise in claims against solicitors
  • Offers practical advice for solicitors and those dealing with solicitors’ professional indemnity
  • Covers the main areas of legal liability
  • Deals with specific problem areas in individual chapters, examining the following in relation to each:
    • applicable legal principles that courts will use to determine issues of liability, including latest case law developments
    • factual matters which should be considered alongside claims
    • guidance on how potential pitfalls can be avoided
    • identifies the underlying causes of claims against solicitors
    • looks at practical claims handling issues
    • goes through strategic considerations relating to settlement of claims
    • addresses costs issues when considering settlement, including the impact of the April 2013 Jackson reforms
 
A Practitioner's Guide to Trade and Commodity Finance

With extensive use of diagrams and examples to explain complex concepts, it examines all the main financing structures and many of the more unusual ones, the risks and risk management techniques involved, and how the regulatory regime impacts on what banks, insurers, producers, traders and buyers need to take into account.

A Practitioner's Guide to Trade and Commodity Finance looks at all aspects of trade and commodity financing, from pre-export financing to enforcement of security and insolvency issues. It covers the impact of post-credit crisis reforms, including the latest revised Basel Accord, and provides in-depth discussion of risk including risk management, risk transfer issues, regulation and due diligence.

Other related topics including ownership structures, securitisations, Islamic financing techniques and insurance and other risk mitigants all have chapters devoted to them.

A Practitioner’s Guide to Trade and Commodity Finance has been written by current and former members of the award-winning trade finance team at SNR Denton and is edited by its head, Geoffrey Wynne.