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Benjamin's Sale of Goods (10th Edition, Mainwork & Supplement)

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

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

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

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

Key Features:

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

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

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

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

Case updates include:

  • ARB v IVF Hammersmith Ltd [2017] EWHC 2438 (QB)
  • Meadows v Khan [2017] EWHC 2990 (QB)
  • SCF Tankers Ltd v Privalov [2017] EWCA Civ 1877
  • Tiuta Inernational Ltd v De Villiers Surveyors Ltd [2017] UKSC 77; [2017] 1 WLR 4627
  • Clay v TUI UK Ltd [2018] EWCA Civ 1177
  • Dryden v Johnson Matthey Plc [2018] UKSC 18
  • Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307
  • Morris-Garner v One Step (Support) Ltd [2018] UKSC 20
  • Phones4u Ltd (In admin) v EE Ltd [2018] EWHC 49 (Comm)
  • Prudential Assurance Company Ltd v Commissioners for Her Majesty''s Revenue and Customs [2018] UKSC 39
  • Smith v Khan [2018] EWCA Civ 1137
And many more…
 
Key features:
  • Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages
  • Clarifies complex areas such as loss of a chance, mitigation, causation and exemplary damages
  • Examines such issues as periodical payments and interest on damages
  • Goes through statement of case, the trial and appeals
  • Considers damages in relation to particular contracts, tort and human rights such as below:
Contracts
  • Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage and Contracts of Employment
Torts
  • Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy and Misfeasance in Public Office
Human Rights
  • Damages are sought through the courts to compensate someone who suffers loss, damage or injury caused by the action of others
 
Clerk & Lindsell on Torts, 22nd Edition, Mainwork & Supplement

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

The First Supplement to the Twenty-Second Edition brings the Main Work fully up to date with the latest developments, including decisions of the Supreme Court in:

  • Robinson v Chief Constable of West Yorkshire on the duty of care owed by the police to members of the public when effecting an arrest of a suspected offender
  • Commissioner of Police of the Metropolis v DSD where it was held that art.3 ECHR imposes an obligation on the state to conduct an effective investigation into crimes involving serious violence to persons and that serious defects in the investigation of the particular case were sufficient to amount to a breach of the obligation
  • Dryden v Johnson Matthey Plc on the meaning of “damage” in personal injury claims
  • Steel v NRAM Ltd (formerly NRAM Plc) on the duty of care owed by a solicitor to a third party in claims for negligent misrepresentation
  • JSC BTA Bank v Khrapunov on the requirements to establish tortious conspiracy
  • Tiuta International Ltd (In Liquidation) v De Villiers Chartered Surveyors Ltd on the liability of a valuer where a lender advances monies against over-valued security and part of those monies goes to pay off old indebtedness to the same lender
  • R. (Mott) v Environment Agency holding that the imposition of restrictions on fishing licences which impacted disproportionately on the applicant’s livelihood were a breach of the First Protocol, art.1 ECHR
  • R. (on the application of Haralambous) v St Albans Crown Court holding that there is no obligation to disclose to the party affected by a search warrant the material upon which the magistrates relied when deciding to grant the warrant
 

And in the Court of Appeal, including:

  • CN v Poole BC holding that a local authority did not owe a duty of care arising out of the authority’s responsibilities under the Children Act 1989 to vulnerable children who were being subjected to harassment and abuse by neighbours
  • BAE Systems (Operations) Ltd v Konczak on the apportionment of damage to different causes in cases of psychiatric harm
  • Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd on the ex turpi causa defence
  • Lungowe v Vedanta Resources Plc and His Royal Highness Okpabi v Royal Dutch Shell Plc on the potential liability of a parent company in respect of alleged damage caused by the activities of a subsidiary company overseas
  • Smith v Lancashire Teaching Hospitals NHS Foundation Trust holding that s.1A(2) of the Fatal Accidents Act 1976 was incompatible with the ECHR by excluding a co-habitee of more than two years from claiming bereavement damages
  • Shepherd v Collect Investments Ltd on the calculation of damages for trespass to land
  • Network Rail Infrastructure Ltd v Williams on the liability of an occupier in nuisance for the spread of Japanese knotweed
  • Bussey v 00654701 Ltd (formerly Anglia Heating) on the knowledge an employer ought to have acquired of the risk posed by the exposure of employees to asbestos and the relevance of a Technical Data Note published by HM Factory Inspectorate
 
Additionally, this supplement:
  • Provides unrivalled breadth and depth of coverage on all areas of tort law
  • Sets out the general principles, including liability and causation, and details the practice and procedure of seeking solutions
  • Explains the general defences, such as claimant’s wrongdoing, contributory negligence, consent and assumption of risk, exclusion of liability and miscellaneous defences
  • Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from foreign torts to negligence, from breach of statutory duty to professional liability, and from product liability and occupiers’ liability to employers’ liability and public service liability
  • Deals with important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass of land and dispossession, from animals’ liability to nuisance and Rylands v Fletcher implications, and from malicious falsehood to economic torts
  • Discusses statutory IP rights, passing off and breach of confidence and privacy
  • Includes a fully updated chapter on Defamation to take in the changes in law brought in with the Defamation Act 2013
  • Deals extensively with damages
  • Covers injunctions and limitation periods
  • Includes discussion of self-help and discharge of torts
  • Considers relevant human rights issues
 
Sales of Shares and Businesses, 5th Edition

The 5th edition of Sale of Shares and Businesses provides a comprehensive guide to the acquisition of businesses in the UK, whether the acquisition is structured by way of a purchase of shares or a purchase of assets. This title includes comments and explanations on the main issues which arise on such transactions. In addition to commentary, precedents are included in paper and electronic formats.

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

Start to finish advice on the process
  • Covers pre-acquisition or disposal of a company so you can be fully prepared for negotiations over the sale of a business
  • Outlines the general principles of due diligence and in particular financial and legal due diligence helping you make sure the agreement for sale is based on a true reflection of the value of the business
  • Gives guidance on the key components of a sale agreement so you can draft and check your documents with confidence
  • Includes details on warranties and indemnities so you can ensure you have made provisions for the possible problems that may arise post-sale
  • Covers specialist areas for example, pensions, tax and employment law issues so you’ll be able to quickly find out what the law says on these areas, if they are relevant to the agreement in hand

Draft in line with current developments

  • Helps you ensure your agreements are in-line with the latest developments on company and commercial law.
  • Updates on the General Data Protection Regulation.
  • Shows how property and environmental issues may affect the sale of businesses

Full set of precedents included to save you time drafting
  • Includes a CD-ROM full of all the precedents related to the sale of a business including: acquisition agreements, board minutes and power of attorney precedents
  • Enables you to draft documents more quickly as it gives you precedents on CD-ROM to use as a basis for drafting, or to select the relevant clauses as you need them
  • Saves you time as you can easily find and copy the precedents and clauses you need from the CD-ROM into your own documents
 
Understanding the FIDIC Red and Yellow Books, 3rd Edition

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

 

New to this edition:

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

Civil Fraud: Law, Practice and Procedure is designed to be the primary port of call for all practitioners conducting a civil fraud case. It deals with the subject in a comprehensive manner, combining in-depth legal analysis with a practical approach. The authors focus throughout on the real-life situations which litigants in this area regularly encounter and offer effective guidance on the complex practical and procedural issues which can arise.

The book starts with an examination of common factual and legal scenarios in a fraud case, which can be difficult to navigate even for the most experienced litigators. The remainder of the text develops the legal, practical and procedural issues flowing from such scenarios.

The authors, drawing on a wealth of experience in litigating fraud claims, bring together the disparate areas of the law that fall under the label “fraud”, from the substantive causes of action – common law, restitutionary and equitable claims and claims arising under statute – through to remedies.

The book provides a full and comprehensible treatment of the myriad procedural swords and shields which can be used in fraud litigation, including freezing orders, proprietary and other injunctions, search orders, receivership, ancillary orders and the increasingly-used contempt jurisdiction. It also considers the key international aspects of civil fraud litigation. This is a primary ‘single source’ point of reference which avoids the need to navigate a whole series of texts in a field where practitioners often work under considerable time pressure.

Civil Fraud: Law, Practice and Procedure works as a road map to take the practitioner from the moment of initial instructions through to a completed legal and practical analysis, whether at the various interlocutory stages, or at trial. 

 
Goode on Principles of Corporate Insolvency Law, 5th Edition

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

Key features

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

New to this edition

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

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

 
Key features:
  • Examines the creation of agency
  • Provides coverage of the authority of agents
  • Discusses agency of necessity
  • Analyses sub-agency
  • Offers coverage of duties of agents towards their principals
  • Covers rights of agents against their principals
  • Covers relations between principals and third parties
  • Covers relations between agents and third parties
  • Covers termination of authority
  • Covers commercial agents
  • Provides a note on the conflict of laws
 
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) 
 
Lowndes & Rudolf: Law of General Average,15th Edition

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

 
New to edition:

Covers the Supreme Court’s Decision in The Longchamp, a case concerning Rule F (substituted expenses) and its application in the context of the negotiation of a ransom paid to Somali pirates; this was undoubtedly the most significant decision in the law of general average since The Bijela (House of Lords, 1994). 

 
Discusses how The Cape Bonny provided useful additional guidance on the burden of proof and immobilisation of a ship in relation to peril. 
 

Re-visits Anglo-Argentine v Temperley in relation to loss of market and Rule C

References The Clipper Sao Luis in relation to the new wording in Rule G concerning recoveries
 

Extensively revises Section 5 with regard to the law governing the adjustment


Key Features:

The book is the definitive practitioner text on the principle of General Average, and the York-Antwerp Rules that govern it.

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

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

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

Featuring:

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

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


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

New for the twenty-first edition
  • Comprehensive coverage of recent developments, including detailed analysis of key decisions of the United Kingdom Supreme Court such as Akers v Samba on formalities, Patel v Mirza on the defence of illegality, Angove’s Pty Ltd v Bailey on constructive trusts, and PJS v News Group Newspapers on injunctions.
  • Careful engagement with the application of the law in lower courts across the field of trusts and equity.
  • Further reference to relevant case law from Australia, Canada, Hong Kong and Singapore.
  • Discussion of the impact of UK and European legislation relating to trusts, tax and transparency in the wake of political controversy over and media investigations into offshore tax havens (including the Panama and Paradise Papers).
  • Incorporation of legislative developments, including the Charities (Protection and Social Investment) Act 2016 and applicable finance and pensions legislation.
  • Assessment of Law Commission proposals in charity, pensions and succession law.
 
 
Goode on Legal Problems of Credit and Security, 6th Edition

Goode and Gullifer on Legal Problems of Credit and Security clearly explains the fundamental concepts of common law and equity as they affect secured transactions. This book, now in its 6th edition, gives a thorough and concise explanation of the law of credit and security so you can understand how the underlying principles apply to different transactions. The book defines how security can be applied as part of a credit agreement and explains key concepts such as attachment, set-off, fixed and floating charges.


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

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


Key features:
  • Explores the fundamental concepts of the law affecting secured transactions
  • Illuminates the law of credit and security so that complex, technical areas can be more readily understood
  • Outlines the different forms that credit and security can take
  • Provides deep analysis of the legal principles where the law is unclear
  • Addresses the legal implications of changes in the organisation of the credit and security market
  • Covers case law and legislative developments as well as international conventions and European Community Directives
 
Documentary Evidence, 13Ed

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

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

 

 
Charlesworth & Percy on Negligence, 14th Edition

The main authority on the law of negligence, and frequently cited in court, Charlesworth & Percy on Negligence covers both common law and statutory duty.
Building on the excellence of previous editions, the 14th edition focuses on the considerable body of new case law that has emerged since the previous edition, recent legislative changes and a brand new chapter on the contribution of tortfeasors.

  • Sets out comprehensively the general principles, covering duty of care and liability issues under the tort of negligence
  • Shows how the principles developed through the application of the common law and explains how the law of negligence has been applied in the UK and Commonwealth jurisdictions
  • Explains the duty to take care, when it exists, between what parties it exists and to assess quickly if a cause for action exists
  • Explains what remedies may be available, including damages and investigates the remoteness of damages as a remedy
  • Explains the burden of proof in negligence cases
  • Demonstrates the defences and discharges from liability
  • Differentiates between nuisance and negligence
  • Demonstrates the standard of care principle in relation to persons professing some special skill, highways and transport, employee employer relationship
  • Provides an essential reference for every negligence case whether it is to do with personal injury including resulting in death, property, product liability and injury caused by animals and death
  • Differentiates between absolute and strict liability
  • Includes up-to-date statutory duties which means you will know exactly how recent changes apply
  • Shows, through a detailed analysis of case law, how the principles work in specific situations and sets out the implications of new developments to help you take a view on your particular case
 
Williams, Mortimer & Sunnucks - Executors, Administrators and Probate

Williams, Mortimer and Sunnucks provides in-depth guidance to the law of probate and the administration of estates after death. It is considered in the market to be one of the leading authorities on the subject offering an in-depth analysis of the law and how it applies in practice.

 

This title offers solutions to the most complex problems through authoritative analysis of the law and how it has been applied by the courts. It covers the grant of probate and of administration, non-contentious and contentious practice, devolution and liability, and the administration and distribution of assets, so that you are up to date on every aspect of the process of probate.

The authors also explain the implications of case law developments, including important decisions on testamentary capacity, knowledge and approval, undue influence, due execution, and costs.

New to this edition:

  • The Supreme Court decision in Ilott v Blue Cross on the Inheritance (Provision for Family and Dependants) Act 1975
  • Changes to the 1975 Act and to intestacy rules in the Inheritance and Trustee Powers Act 2014
  • Reorganised for ease of use
  • A brand new section on will forgery
  • Updates considering the EU Succession Regulation
  • Amendments to the CPR and standing to bring a probate claim
  • New case law on removal of Personal Representatives
  • Coverage of the new Insolvency Rules 2016 as regards insolvent estates
  • Update on testamentary capacity

Key features:

  • Provides definitive guidance on all legal issues relating to personal representatives and the distribution of an estate after death
  • Offers solutions to the most complex problems through authoritative analysis of the law and how it has been applied by the courts
  • Steers practitioners through case law with detailed analysis of judgments and their rationale
  • Follows the chronological process of probate and administration
  • Covers the grant of probate and of administration, non-contentious and contentious practice, devolution and liability, and the administration and distribution of assets
  • Takes into account family provision
  • Deals with foreign assets
  • Includes private international law as it affects personal representatives
  • Considers how development of the general law of restitution affects the refunding, following and tracing of assets
  • Explains the implications of case law developments, including important decisions on testamentary capacity, knowledge and approval, undue influence, due execution, and costs
  • Reproduces all relevant legislation, rules, orders and forms
 
Terrell on the Law of Patents 18th Edition, Mainwork & 2nd Supplement

Terrell on the Law of Patents is the undisputed authority on the law of patents in the United Kingdom. Providing guidance from application to infringement since 1884 and regularly cited in court, Terrell is the essential reference for anyone seeking practical and clear guidance on patent law, practice and procedure.
 
Main Features
  • Includes the most significant case law from all levels of the UK Courts, the European Patent Office and the UK Intellectual Property Office
  • Clarifies the principles of patent infringement as well as outlining statutory exceptions and other defences
  • Covers supplementary protection certificates (SPCs), the conditions for granting SPCs and their effects
  • Outlines the grounds for revocation as defined by the Patents Act 1977
  • Goes through the different types of invalidity including lack of novelty, obviousness, and insufficiency
New to this Edition
  • A new chapter on FRAND licensing
  • Details the procedural requirements of the Unified Patent Court
  • A chapter covering the Intellectual Property Enterprise Court and case management procedure
  • Commentary on standard-essential patents
  • Looks at the proposed reforms by the Law Commission concerning threats to bringing proceedings for patent infringement
  • New commentary on plausibility with respect to inventive step, sufficiency and industrial applicability
  • New content on infringement of second medical use patents
This is the first ever supplement and updates the 18th edition to include the latest developments on:
  • Second medical use claims and plausibility
  • Disclosure in patent actions
  • Partial and poisonous priority
  • The new Shorter Trial Scheme in the Patents Court
With updated case law including:
  • Warner Lambert v Actavis [2016] EWCA Civ 1006
  • Positec Power Tools (Europe) Ltd v Husqvarna AB [2016] EWHC 1061
  • G1/15 (Enlarged Board of Appeal, EPO)
  • Illumina Inc v Premaitha Health Plc [2016] EWHC 1516 
 
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
 
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. 
 
Kerly's Law of Trade Marks and Trade Names,16th Edition

Kerly''s Law of Trade Marks and Trade Names has provided expert guidance on all aspects of UK trade mark law since 1894. Through a mix of insightful commentary and up-to-date analysis of case law and legislation from the UK and Europe, it is the reference for the provision of clear and authoritative advice. 

The 16th edition sees a major update with the inclusion of three new chapters on topics including the average consumer, Brexit, and the defining characteristics of trade marks. It also analyses the highly significant European trade mark reforms – the greatest change to trade mark law for 20 years.

  • Provides the most comprehensive and authoritative guidance on the law of trade marks and trade names in the United Kingdom
  • Explains core topics of trade mark law: classification, registration (UK and European), enforcement, infringement, and litigation
  • Detailed analysis of community trade marks, their provisions, extent of protection, and procedural matters
  • Covers issues of assignment, licensing, merchandising, and franchising
  • Lays out the absolute and relative grounds for the refusal of registration
  • Addresses trade mark infringement and outlines a range of defences including limitations on, exclusions from, and statutory.

Some of the key new features of the 16th edition include:

  • Explains the changes introduced by the European Trade Mark Reform, analysing the key legislation affecting community trade marks and the owners of national trade marks in the EU.
  • A new chapter dedicated to the average consumer identifying relevant characteristics, factors that influence the level of attention, and discussion of where it is (and is not) deployed.
  • A new chapter explaining the likely impact of Brexit on registered trade marks which have force in the UK and the effect on owners of EU registered trade marks used primarily in the UK.
  • A new chapter addressing the meaning of the expression “trade mark,” outlining its essential functions and characteristics.
 
The Law of Personal Property, 2nd Edition

The Law of Personal Property provides a treatment of personal property and covers both tangible and intangible property, including things in action, intellectual property rights and shares and securities. It also examines all modes of dealing with or transferring interests in intangible property.

The 2nd edition:

  • Deals with the nature of money and the transfer of money
  • Features a restructure of chapters that differs from the 1st edition
  • the first authoritative guide to this area of common law since Crossley-Vaines
  • In-depth treatment of both tangible and intangible personal property, including things in action, intellectual property rights and shares and securities;
  • Adopts a consistent analytical approach differentiating (i) the interests in things recognised by English law, (ii) the various modes of acquiring such interests, and (iii) the various modes and procedures for vindicating or enforcing those interests;
  • Analyses and explicates key cases from a variety of jurisdictions
  • Covers all modes of dealing with or transferring interests in intangible property;
  • Covers commercial topics such as retention of title clauses and Quistclose trusts by locating them within the wider common law and equitable principles;
  • Extends to the private international law (conflicts), insolvency and procedural issues which arise in respect of personalty.
 
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

 
The Law on Financial Derivatives, 6th Edition

The Law on Financial Derivatives offers you an extensive analysis and explanation of the legal and regulatory principles underlying over-the-counter (OTC) derivatives in the UK. Drawing together concepts from many areas of law – including contract, tort, trusts and private international law – it shows how they relate to the day-to-day practice of financial derivatives markets and the completion of standard market contracts.??

Whether you’re looking for concise, to-the-point guidance on the basic issues of OTC derivatives, or a thorough, in-depth analysis of some of the more complex issues surrounding the industry, this title provides you with all the information you need to advise your clients confidently.

New to this edition:
This greatly reorganised and updated sixth edition explains the provisions of the EU legislation EMIR, MIFIR and MIFID II as they relate to financial derivatives. It also explains the new regulatory system in the UK, with specific reference to the regulation of financial derivatives, and the new code for the taxation of derivatives in the UK.

As with all previous editions, the sixth edition presents a close analysis of the case law relating to financial derivatives in England and Wales, including the liability of banks for fraud, negligence and breach of fiduciary duty, and the problems with tracing money and taking security. This includes a close analysis of the decision of the Supreme Court in Lehman Brothers International Europe v CRC and the range of litigation flowing from the Lehman Brothers collapse affecting property rights on insolvency. 

There is a particular focus on the extent of the liability of banks for mis-selling complex financial instruments to customers, including claims involving private customers (e.g. HSBC v Rubenstein, Al Sulaiman v Credit Suisse, Zaki v Credit Suisse, O’Hare v Coutts, Bank Leumi v Wachner, and Bailey v Barclays Bank), cases involving small corporate entities (e.g. Graisley Properties v Barclays Bank, Property Alliance v RBS, and Green v RBS), cases involving corporate vehicles (Barclays Bank v Svizera Holdings, and the appeal in JP Morgan v Springwell), and cases involving sovereign wealth funds (e.g. Goldman Sachs v Libya). There is also a discussion of all case law relating to the effectiveness of the ISDA documentation in the wake of the financial crisis, including the decision of the Supreme Court Belmont Properties and the appeals in Lomas v JFB Firth Rixson, Lehman Brothers Special Financing v Carlton, Pioneer Freight Futures v Cosco, and Britannia Bulk Carriers v Pioneer Navigation

This book:

  • Provides an extensive analysis and explanation of the legal and regulatory aspects of over-the-counter (OTC) derivatives in the UK and in the EU
  • Covers all the key aspects of derivative products such as creating and structuring derivatives contracts, interpreting and performing standard market agreements, effecting security and collateral arrangements, set-off and netting
  • Considers the manner in which existing legal principles - such as contract, tort, trusts - relate to OTC derivatives transactions
  • Analyses the code for the taxation of derivatives in the UK
  • Discusses conflict of laws issues
  • Analyses the standard market documentation in depth
  • Includes in-depth analysis of cases and regulatory changes
  • Considers real-world problems faced by practitioners working in-house or in private practice, and suggests solutions
 
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).
 
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

 

 
Gas and LNG Sales and Transportation Agreements: Principles and Practice, 5th Edition

A practical and comprehensive guide to the law and practice of structuring projects for the sale and transportation of gas and LNG, based on the author''s own comprehensive experience. The discussion is augmented by three precedent agreements and a set of further clause examples which demonstrate the practical mechanics of putting the deal together, also provided on CD for electronic access.

 

  • Presents a detailed, hands-on guide to the drafting, negotiation and interpretation of natural gas and LNG trading, shipping and transportation contracts
  • Highlights the legal and commercial issues involved at each stage and advises how they should be handled in practice
  • Offers clause-by-clause commentary on the typical provisions within gas and LNG, sales, shipping and transportation agreements
  • Pinpoints the key issues and suggests solutions to problems that can arise
  • Discusses the nature of gas and LNG and the contracting process
  • Provides discussion on the commercialisation of natural gas in light of concerns about climate change, cleaner energy sources and the security of energy supplies
  • Written from the perspective of English law but in the light of international experience and practice

 

 
Jackson & Powell on Professional Liability, 8th Edition, Mainwork & 2nd Supplement

 
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 
 
Salinger on Factoring, 5th Edition

Salinger on Factoring is renowned for its highly practical approach to the law and practice relating to factoring and invoice finance.  It combines a clear understanding of the law with clear and concise guidance on its implementation. Providing you with a detailed examination of and guide to the legal issues that arise from domestic and international factoring, this title will quickly become your most trusted guide to this complex area of law.

  • A comprehensive guide to the law and practice relating to factoring and invoice finance
  • Discusses the various forms, uses, and methods by which factoring can help businesses
  • Looks at the origins and nature of modern factoring
  • Examines the use and misuse of factoring, the limitations on its use and its benefits
  • Looks at the relationship between the factor and debtors including normal collection procedures and legal remedies where collection procedures fail
  • Examines international factoring and discusses the special considerations relevant for international factors
  • Looks at the legal structure of factoring, the provisions of factoring agreements and the types of agreement commonly used
  • Considers conflicts with third parties
  • Examines set-off and the countervailing rights of the debtor
  • Considers the rights and obligations of the factor on the occurrence of the insolvency of the client
  • Looks at the use of credit insurance and its potential affect on the terms of  the factoring agreement and the policy of insurance
  • Includes a glossary of terms and a collection of sample documents

 
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

 

 
Cohabitation and Trusts of Land, 3rd Edition

Taking into account important new case law decisions, Cohabitation and Trusts of Land takes a practical, simplified approach in setting out the complex issues encountered in cohabitation disputes. Containing procedural guidance, precedents, sample documents, checklists and clear explanations of the law, this work will enable you to quickly understand the options available.  
  • Clear and detailed explanations of the legal concepts which apply in cohabiting family breakdown situations, including express trusts, resulting trusts, constructive trusts.
  • First the book explains the law and then covers the practice and procedure. 
  • Step-by-step guidance to TLATA procedures encountered by family lawyers.
  • Includes practical civil court reference section, written for those practitioners more familiar with the family court.
  • Sets out common procedures for preparing and making applications and explains the relevant cases and law.
  • Checklists and bullet-point lists covering procedure and other relevant considerations for the practitioner 
  • Includes sample copies of the relevant forms and precedents, with advice on how to use them.
  • Section examining the authorities and awards which have been made to guide practitioners on likely outcomes in particular circumstances, and cite in support of application.
  • Analyses the principles on which claims to property rights under constructive and resulting trust are based, including analysis on the doctrine of proprietary estoppels.
  • Examines the basis on which undefined property rights are quantified
  • Details the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) and Schedule 1 of the Children Act 1989 outlining orders the court can make, who may apply and what the court must consider
  • Easy to use digest of leading cases in this area including summary of main issues involved.
  • Uniquely brings together the issue of cohabitation and the Trusts of Land Act in a way no other publication does.
  • Covers Alternative Dispute Resolution
New to this edition:
  • A new chapter on Cohabitation Agreements
  • Augmentation of Practice and Procedure to include a specific precedents section and the “Jackson” reforms
  • A new chapter on Alternative Dispute Resolution (ADR) including mediation
  • Includes guidance on applications before the Property Chamber, First Tier Tribunal
  • Occupation Orders now covered
  • A new chapter on Third Party Interests – Intervening in Applications for Financial Provision
  • A new chapter on applications by Cohabitees under the Inheritance (Provision for Family and Dependants) Act 1975
  • Equitable accounting and occupation rent fully up-dated and covered in detail
  • New cases e.g. Jones v Kernott; Capehorn v Harris; Curran v Collins and Barnes v Phillips