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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.
 
 
International Energy Arbitration

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

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

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

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

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

The new 2nd edition:

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

 

What''s New?

  • Revisions and updates to: the 2012 ICC Rules of Arbitration; the 2012 Swiss Arbitration Rules; the 2012 CIETAC Arbitration Rules; the 2012 KLRCA Rules; the LCIA Arbitration Rules and HKIAC Rules
  • Revisions and changes to national arbitration laws, including the French New Code of Civil Procedure; the Singapore International Arbitration Act; and the forthcoming changes to Swiss Arbitration Law (the international arbitration provisions of the Swiss Public International Law Act)
  • Major recent decisions in growing commercial regions including India and Brazil
  • Further coverage of developing trends, such as third party funding
  • Expanded and developed appendices including flow charts with cross referencing to the main text
  • Expanded and updated glossary
 
A Practitioner's Guide to Authorised Investment Funds, 2nd Edition

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

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

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

  • Reviews specific contract provisions and standard clauses on delay, and notice forms
  • Looks at time extensions and related practice and procedure, and legal conflicts
  • Addresses delay penalty issues and provisions for recovery of loss or expense
  • Describes prevention strategies
  • Gives real-world examples of project analysis and claims
  • Provides legal arguments for use in practice, court, ADR and arbitration
  • Includes forms for use in practice
  • Covers the subject as dealt with in standard forms: FIDIC, NEC3, ICE and JCT
  • Deals with risk assessment claim analysis, planning and scheduling risk
  • Takes the reader through forensic delay analysis, causation and concurrency
  • Looks at damages and their calculation
  • Includes global claims
  • Covers the law of the UK, related law in the US, Australia, Hong Kong, Canada, New Zealand and Sharia Law
  • Written by a specialist practitioner and experienced author in delay and disruption claims in engineering and construction projects worldwide 
 
The Law of Nuclear Energy, 2nd Edition

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

 
Banking Litigation, 4th Edition

 The 4th of edition of Banking Litigation:

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

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

 
Schemes of Arrangement in Corporate Restructuring, 2nd Edition

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

 

 
Law of Sukuk: Shari'a Compliant Securities

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

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

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

 
Arlidge, Eady & Smith on Contempt, 5th Edition

Arlidge, Eady & Smith on Contempt is a comprehensive and authoritative commentary on the subject, explaining everything from the development of contempt, its origins in common law, its general principles, its various categories, and its statutory underpinnings (domestic and EU), through to the latest developments in this ever evolving area of law. Since the last edition, there have been fundamental changes in the procedural landscape for contempt. 

 
The 5th edition addresses, among many others, the following changes:
  • Committal and sequestration in the County Court and High Court are now governed by the new CPR 81 and its linked Practice Direction
  • The Practice Direction (Committal for Contempt: Open Court) (Senior Courts): [2015] 1 WLR 2192
  • The Criminal Procedure Rules 2015 make provision for committal in the criminal courts as well as for court reporting restriction orders
  • The continuing emphasis on open justice and transparency in the Family Court (as well as the Court of Protection), which has been reflected in the relevant parts of the Family Procedure Rules
  • The relevant sections of the current rules are all gathered together conveniently in the new edition as appendices.  The importance of the procedural safeguards to be deployed in committal cases was again re-emphasised by the Court of Appeal in LL v Lord Chancellor [2017] EWCA Civ 237, the judgments in which were handed down on 10 April 2017, leaving time mainly just to note its significance.
  • The availability of public funding for those sought to be committed for contempt: Legal Aid, Sentencing and Punishment of Offenders Act 2012; the Criminal Legal Aid (General) Regs 2013; and the Criminal Legal Aid (Financial Resources) Regs 2013.  Their application in the context of contempt has been addressed in important cases such as Re Ramet [2014] EWHC 56 (Fam) and Inplayer Ltd v Thorogood [2014] EWCA Civ 1511
  • The Law Commission in England & Wales has produced a number of reports and proposals on the subject, including on the abolition in this jurisdiction of “scandalising” as a form of contempt , which has been achieved by statute (although in Scotland the law of “murmuring” remains for the time being untouched).  In New Zealand too there has been an Issues Paper from their law Commission which suggests that “scandalising” will probably be abolished there as being “untenable” in the modern New Zealand society. 
  • The Law Commission here has not yet produced its anticipated report on “contempt in the face”- Att-Gen v DaveyAtt-Gen v Beard [2013] EWHC 2317
 
The Law of Insolvency, 5th Edition

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

 

 
Schemes of Arrangement in Corporate Restructuring, 2nd Edition

 • Provides a comparative analysis with o

 
Schemes of Arrangement in Corporate Restructuring, 2nd Edition

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

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

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

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

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

• Goes through each stage of the scheme process in detail

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

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

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

• Discusses how to get multi-national schemes recognised

• Looks at the involvement of COMI in the recognition process

• Examines bondholder issues

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

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

 
Arlidge, Eady & Smith on Contempt, 5th Edition

A comprehensive and authoritative commentary on the subject, explaining everything from the development of contempt from its origins in common law, its general principles, its various categories, and its statutory underpinnings (domestic and EU), through to the latest developments in this ever evolving area of law.

 
The Law of Reinsurance, 4th Edition

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

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

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

 
Construction Insolvency, 6th Edition

 KEY FEATURES

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

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

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


IMPORTANT CASES COVERED

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


FEATURES

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

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

 
Construction Insolvency, 6th Edition

• Explains the key concepts of insolvency and construction law

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

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

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

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

 
Sinclair on Warranties and Indemnities on Share Sales

This practical text contains precedents and commentary on warranties and indemnities on share sales. It provides guidance for all parties – purchasers and vendors - who have to deal with a sale and purchase agreement (“sale agreement”) for either a company or business.

  • Provides precedents and commentary on warranties and indemnities on share sales
  • Provides guidance for all parties – purchasers and vendors - who have to deal with a sale and purchase agreement (“sale agreement”) for either a company or business.
  • For the purchasers’ solicitors, provides precedents of suitable warranties and indemnities from which a tailored draft can be prepared
    For the vendors’ solicitors, provides guidance and commentaries with the precedents
  • Organised around precedents of clauses and documents, accompanied by extensive commentary
  • Arranged in a logical chronology
  • Covers the history and function of warranties and indemnities
  • Covers the various parties to a sale and purchase agreement
  • Covers the rights and liabilities that arise from a breach of warranty
  • Covers general points on warranties
  • Provides detailed consideration of tax, property and general warranties in a share sale
  • Covers warranties applicable to an assets deal
  • Covers the forms taken by tax deeds
  • Covers warranties, undertakings and indemnities requested by the purchaser
  • Covers completion accounts and valuation
  • Provides clearly-written commentary and guidance aimed to explicate clauses and their impact
  • Provides precedent clauses in bold typeface for ease of location on the page, and to differentiate the wording fom accompanying commentaries and explanations
  • Provides precedents on CD for ease of access
    Includes Tables of Cases, Statutes, SIs and EC Legislation
 
Carver on Bills of Lading, 4th Edition

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

 

 
Illegality and Public Policy, 4th Edition

Illegality and Public Policy is an invaluable text in clarifying the complexities surrounding the law relating to illegality, public policy and restraint of trade. It comprehensively addresses issues of criminal and civil law, consequences of illegality, and reform in the UK and Commonwealth. Practical examples are given to encourage creative solutions to disputes, making this a must-have text.

Key features:

  • Clarifies the particularly complex law relating to illegality and public policy in contracts and the possible consequences of such agreements.
  • Provides hypothetical examples of illegality and suggests possible approaches to dispute resolution to give practical guidance on an elusive subject.
  • Distinguishes between ‘statutory illegality’ and illegality derived from common law.
  • Considers issues arising from the relationship between criminal and civil law, including claimant recovery actions, the forfeiture rule, and the Estates of Deceased Persons Act 2011.
  • Looks at the nature and scope of the doctrine of public policy by analysing contracts affected by fraud, issues of integrity of the legal process, and the application of public policy to cases with an international element.
  • Covers the need to distinguish between an agreement and the surrounding circumstances when ascribing degrees of responsibility for any illegality to the parties involved.
  • Detailed examination of the doctrine of restraint of trade and the distinction between public and private interest.
  • Sets out the availability of restitutionary relief in cases of contract illegality.
  • Explores UK and Commonwealth case law and the most recent reforms in these jurisdictions.
  • Highlights potential arguments for challenging and examining contracts.
  • Includes commentary on the statutory prohibition of contracts.
  • Discusses the effect of criminal activity under the enforceability of a contract.
  • Deals with the passing of property under unenforceable contracts and difficulties surrounding the transfer of limited interests.
  • Analysis of the Law Com No.320 report regarding the illegality defence.
 
The 4th edition:
  • Addresses the highly significant and wide-ranging discussions of illegality in relevant recent Supreme Court cases
  • Comprehensively updates the latest High Court and Court of Appeal decisions 
  • Offers updated analysis of the rapidly developing area of restraint of trade, with over 30 reported decisions on this issue in the past couple of years 
  • Addresses the latest and most important Commonwealth decisions, such as Ting Siew May v Boon Lay Choo [2014] SGCA 28 in the Singapore Court of Appeal

 

 
Carver on Bills of Lading, 4th Edition

 Carver on Bills of Lading offers exhaustive coverage of the

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

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

 
Guide to the General Data Protection Regulation

This title provides comprehensive coverage of the new EU General Data Protection Regulation and commentary on how it will impact on the UK national level. 
 
Intended as a companion to Data Protection Law and Practice (4th edition), the key and sole focus of this title is the General Data Protection Regulation. This book will provide a detailed and stand-alone account of the most significant development in UK Data Protection law since the 1998 Act itself.
 
Phipson on Evidence 18th Edition, 2nd Supplement

 
Jackson & Powell on Professional Liability, 8th Edition

Jackson & Powell is the definitive text on Professional Liability. It provides comprehensive coverage of the law of professional liability.  It is an essential reference point for every practitioner as it aids them in establishing whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists while explaining the remedies available.
  • Examines the nature of professional liability
  • Deals with subjects of general application and delves into specific professions
  • Discusses the difference between tortuous liability and contractual liability
  • Considers the duties and obligations of a professional-including positive duties and restrictions
  • Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience
  • Discusses changes in the standard required by professional
  • Explains the nature of a fiduciary duty including unauthorised profits and undue influence
  • Discusses the origins of the duty of confidentiality including the continuing duty to former clients
  • Considers the remedies available
  • Discusses contribution between defendants
  • Considers  available defences including equitable defences
  • Differentiates between limitation in contract, tort and equity
  • Analyses the impact of human Rights on Professionals
  • Investigates the nature & Scope of Professional Indemnity insurance
  • Demonstrates the different liabilities for different professionals
  • Has separate chapters on individual professional providing commentary from the start of action through to adjudication and damages if appropriate
  • Individual chapter on specific professions including construction professionals, surveyors, solicitors, Barristers, medical practitioners,
  • Financial Practitioners, Insurance Brokers, Accountants and Auditors, Actuaries, Members and managing
  • This new edition also features an entirely new chapter on Art

 

 
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

 
Jones on Extradition and Mutual Assistance, 4th Edition

Jones on Extradition sets out the law and practice of extradition between the UK and other countries, providing an explanation of the latest issues, procedures and case law.

As well as covering extradition, mutual assistance is also covered with an explanation of how both of these concepts relate to each other and how they apply to specific situations.  The author clarifies the general principles including how the law relates to other areas such as human rights and abductions highlighting the issues that need to be considered.

All relevant legislation and treaties are included so that all the relevant material is at hand for readers.

The 4th edition:

  • Covers the principles of extradition
  • Inlcudes the relevant rules both to and from European and other countries and the UK
  • Discusses cases (both reported and unreported) and legislation in context
  • Provides a thorough grounding in the law and practice in this area
  • Shows how the law relates to other areas such as human rights, setting out the law in context and raising issues for your consideration
  • Explains the categorisation of countries for extradition purposes, making clear which arrangements apply for specific countries
  • Analyses extradition procedures, both to and from the UK, such as arrest, hearing and appeals to ensure that procedures can be followed correctly
  • Explains where bars to extradition may apply and offers suggestions on how extradition may be challenged
  • Includes a new section on police powers plus expanded sections on international crimes and immunities and extradition & human rights, ensuring the reader is up-to-date with the latest thinking and practice on these topical issues
  • Provides relevant legislation, treaties and Codes of Practice so that key materials are to hand in one place, making research easier and quicker
  • Written by Alun Jones QC so the reader can rely on the commentary for legal acumen, accuracy and authority (he is recognised as an authority in this area and was instructed by the Government of Spain in the Pinochet extradition).
  • Essential reading for UK criminal and civil solicitors and barristers, the CPS and SFO, UK government bodies, UK courts and the judiciary. The focus on international co-operation ensures it will also have a broad appeal to Commonwealth countries and the USA.
  • Includes in full (with some annotation of UK materials) all the UK and International legislation and treaties that a lawyer working in this area needs
  • Covers the Extradition Act 2003; Crime (International Co-op) Act 2003; reforms at EU level; new US/UK and US/EU Treaty; and the highly controversial Eurowarrant thoroughly.  Includes a section on police powers; and sections on international crimes & immunities, and extradition & human rights.
 
Tax Penalties

Tax penalties have become an increasingly important topic with the introduction in 2007 of a stringent penalty. The legislative project to create this new penalty system is largely complete applying to nearly all taxes. Penalty cases are the most frequent type of case put before the tax tribunal. In addition there are many thousands of penalties which do not proceed to an actual appeal but still need to be dealt with by practitioners.

 
Craies on Legislation, 11th Edition

 A practitioner’s guide to the nature, process, effect and interpretation of legislation.

As the pace of legislative change at all levels continues to accelerate, it becomes increasingly difficult for practitioners to know how to follow and apply, and sometimes influence or challenge, the legislation that is relevant to their clients in every area of the law.
 
A highly practical resource, Craies provides clear and concise answers to the most common questions users of legislation have.  It aims to be an essential everyday guide covering primary legislation, subordinate legislation and devolved legislation, as well as EU legislation.  Craies is relied upon by practitioners in all fields, and is regularly cited in the higher courts.

This new 11th Edition is entirely up-to-date and provides essential and current commentary in fast-changing times.  Written by Daniel Greenberg, Counsel for Domestic Legislation in the House of Commons, it tells the latest episode in a number of long-running stories, including the Human Rights Act, Henry VIII Powers, Pepper v Hart, the slip rule in Inco Europe and many others.   Recent cases of importance in the field of legislation (including Public Law Project v Lord Chancellor) as well  as important political developments in the fields of devolution and elsewhere (including the Strathclyde Report on the primacy of the House of Commons).

 

 
Disclosure, 5th Edition

 An updated, detailed and authoritative analysis of the law relating to disclosure in civil proceedings.

The rules dealing with disclosure are notoriously tricky. This book provides an authoritative and detailed analysis, examining both substantive law and procedure, discussing the “who, what, how and when” of disclosure obligations and explaining the implications of non-compliance.

The new 5th edition of Disclosure by authors Paul Matthews and Hodge Malek QC provides up to date and accurate guidance on the law, legal principles and disclosure-related procedure. You can have the answers you need at your fingertips.

The new fifth edition brings this leading text up-to-date in relation to:

  • Norwich Pharmacal and other pre-action disclosure;
  • The 2013 Jackson CPR reforms;
  • Electronic disclosure;
  • Inspection of documents;
  • Legal professional privilege;
  • Without prejudice privilege;
  • Collateral use;
  • Failure to comply (including the impact of the Denton v White caselaw)

 

 
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 
 
Hollington on Shareholders' Rights, 8th Edition

This new edition of Shareholders’ Rights provides guidance for readers on the statutory remedies for the protection of minority shareholders with coverage/guidance also of articles of association and shareholders' agreements; the fiduciary duties of directors; restrictions on the power of the majority under general principles of equity and the principles of partnership law (such as good faith) which have been adopted in company law.

Main Features:
  • Explains the rights of minority shareholders and offers guidance on statutory remedies available to them when their rights have been  breached
  • Sets out  the key broad principles governing the rights of an individual shareholder and the balance of power between the majority and the minority
  • Uses the principles throughout to provide a framework for in-depth explanation of different aspects of law and practice
  • Examines shareholder agreements
  • Details the fiduciary duties of directors in relation to shareholders
  • Considers the balance of power between majority and minority shareholders and examines restrictions placed upon the powers of majority shareholders
  • Takes into account the principles of partnership law, such as good faith, which have been adopted in company law
  • Offers a full analysis of share valuation principles
  • Goes through the practice and procedure involved when seeking remedies
  • Provides precedents and guidance to assist in drafting, including a Tomlin order and a ‘Wallersteiner’ costs indemnity order
  • Reflects all the key recent cases, include decisions which examine the implications on the relationship between the unfair prejudice remedy and derivate claims, and underlying principles of the unfair prejudice remedy 
 
Renewal of Business Tenancies Property and Conveyancing Library, 5th Edition

Renewal of Business Tenancies provides expert guidance on all the stages of business tenancy renewal. 
 
The 5th edition:
  • Explains how the law is applied, the right to renew and the role of the court 
  • Goes through the individual components of the tenancy renewal process from termination to the hearing and afterwards 
  • Details the transactions to which the Landlord and Tenant Act 1954 applies
  • Presents a range of examples throughout the text, giving highly practical solutions to complex procedures 
  • Provides advice on tactics and timing to help get the best results for clients
  • Proposes workable solutions to the problems encountered
  • Shows how to prepare for hearings, what to do, and how to deal with the aftermath 
  • Supports the text by reference to statutes, practice directions, and CPR 
  • Presents non-prescribed forms and precedents

 

 
The Insurance of Commercial Risks: Law and Practice, 5th Edition

The Insurance of Commercial Risks: Law and Practice advises on the overlapping area of insurance law and commercial liability, offering advice on disputes concerning the coverage of insurance policies. The book examines the fundamentals of insurance contracts, looking at the law governing the main liability insurances and the types of risk, exclusions and policy conditions involved in each. 

 Main features:
  • Commentary on the practice and application of insurance law when protecting against different commercial risks
  • Provides concise advice for effectively evaluating the merits of a coverage dispute and explaining how the law applies to commercial insurance.
  • Examines the risks, policy conditions, exclusion terms, and exceptions for the main types of liability insurance: employers’, public, product, Directors & Officers, warranty and indemnity, and commercial vehicle.
  • Covers the law relating to property risk: buildings, contents, carriers’, theft by employee, contractors’, and business interruption.
  • Explains fundamental principles of insurance law contracts such as conditions, warranties, and the duty of disclosure.
  • Defines the role and liabilities of insurance brokers and other intermediaries.
  • Outlines the relevant aspects of the claims process, including calculating indemnities and the rights of third parties and insurers.
  • Details key topics that arise in litigation such as disclosure and issues surrounding jurisdiction.
New to the 5th edition
  • Updated to reflect the key legislative changes implemented by the Insurance Act 2015, including the relevant implications of the Enterprise Act 2015 on this act.
  • A comprehensive new chapter on the interpretation of insurance contract terms analysing warranties and insurance conditions, conditions precedent, claims co-operation and claims control clauses.
  • A new chapter on the Third Parties Rights Against Insurers Act 2010, which came into force in 2016.
  • A thorough update of case law developments in areas including employer''s liability insurance, motor vehicle insurance, business interruption insurance and the principle of indemnity and subrogation.

 

 
Misrepresentation, Mistake and Non-Disclosure, 4th Edition

This book explains the doctrines of misrepresentation, mistake and non-disclosure as they affect the drafting and interpretation of contracts. It then analyses the consequences of each, as well as the remedies available to parties in each case.

Main Features:
  • The book gives practitioners all the insight they need in order to tackle misrepresentation, mistake and non-disclosure, whether drafting and interpreting contracts, or resolving disputes over contracts made void by these issues.
  • The book’s three distinct sections deal with each of these issues in turn (Part I – Misrepresentation, Part II – Mistake, Part III – Non-disclosure).
  • Each focuses on defects in the formation of the contract, and the practical solutions that may be employed.
  • Details the remedies available in cases of misrepresentation
  • Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation.
  • Covers rescission of the contract for misrepresentation, including remedies, elements of the claim, limits to the claim, and the effect of third parties.
  • Explains liability in tort for misrepresentation - firstly the tort of deceit, secondly the tort of negligence - their relevant defences, damages recoverable and fraud.
New to this Edition
  • Incorporates significant legislative changes to the law of misrepresentation and non-disclosure, including the new remedies for consumers arising from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection (Amendment) Regulations 2014 and the Consumer Rights Act 2015; and the reform of the insured’s duty of disclosure by the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.

 

 
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

 

 
The Law of Insurance Broking, 3rd Edition

Law of Insurance Broking is the only book dedicated exclusively to the law affecting insurance brokers and their relationship with clients, agents, and third parties. This leading resource has been comprehensively updated to reflect the regulatory and legislative changes to the industry. It offers practical legal solutions to the day-to-day problems encountered by brokers, as well as clarifying the key principles and terms of insurance contracts. 

Main features:

  • Dedicated guidance on the law and regulation governing the professional activities of insurance brokers and the industry as a whole
  • Focuses on the relationship between the client, agent, and third parties and all the relevant legal implications
  • Provides practical and workable solutions to the most significant issues and legal problems faced by brokers on a daily basis
  • Covers important topics such as net rating, funding, security vetting, rights to documents, profit commissions, and letters of engagement
  • Explains the key terms of insurance contracts and provides guidance on formation, classification and interpretation
  • Sets out the principles of the premium for marine and non-marine insurance
  • Examines the responsibilities and duties of brokers throughout the claims process
  • Looks at the scope of the broker’s professional liability to the insured
  • Coverage of accounting procedures
  • Explains reinsurance contract formation and the role of the reinsurance broker
  • Overview of obtaining insurance at Lloyd’s of London
  • Discusses the issues and procedures surrounding the choice of jurisdiction
  • Written in accessible language to provide clear answers to day-to-day problems

 

Highlighted new commentary:

  • Includes a new chapter on the recent changes affecting industry regulation
  • New commentary on the broker’s role in preparing and drafting the contractual documentation
  • Fully updated to take account of the latest and most significant case law and legislative changes
  • Acknowledges the key developments introduced by the Insurance Act 2015
     
 
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
 

 
Brice on Maritime Law of Salvage, 6th Edition

Brice covers the full range of legal issues that salvage operators, shipping lawyers and average adjusters will come across surrounding sunken ships, namely the principle relevant legislation and international conventions; the salvage forms and other instruments practitioners must use; the pertinent case law; and the historical background in which all these factors must be placed.

NEW TO THIS EDITION

Fully updated to take account of the Nairobi International Convention on the Removal of Wrecks, given effect by the Wreck Removal Act 2011. The Act provides measures to enable the United Kingdom to ratify and implement the ICRW in the United Kingdom’s domestic law by the insertion of new sections (255A to 255U) and a Schedule (11ZA) into the Merchant Shipping Act 1995.Provides expert commentary on the key areas salvage operations including law of salvage, Admiralty Court decisions, the Salvage Agreement, salved property and salved values.

FEATURES

Across its eight chapters the book looks closely at the topics detailed below, and its appendices cover key legislation and other instruments which are crucial to the recovery of salvage.
  • Clause-by-clause analysis of the ‘Lloyd’s Standard Form of Salvage Agreement – No Cure-No Pay’.
  • Insight into arbitration proceedings including key trends in arbitral decision-making.
  • The historical development of the concept of salvage, from the American and UK perspectives, leading to the international conventions which govern maritime salvage today.
  • Outlines and places into context the jurisdiction of the Admiralty Court, in relation to conventions including the Brussels Convention 1910, the European Judgments Contention 1968, the Lugano Convention 1988, and the London Salvage Convention 1989.
  • Analyses the consequences of salvor factors such as theft and looting, and fraud and dishonesty, as well as expenses, losses, apportionment of salvage, remuneration, interest, inflation, and possessory rights.
  • Covers the impact of the London Salvage Convention on salved property and salved values.
  • Examines the cultural heritage, and public interest in, wrecked vessels and cargoes, including the extent of the many public and private interests that operate over a shipwreck, such as wrecks protected for archaeological, scientific or historical reasons.
  • Explains the principles of the Salvage Agreement, covering relevant legislative provisions as well as all the most relevant case law, from The Choko Star to the Sea Angel.
  • Analyses the legal relationship between salvage and the environment, covering such issues as third party claims in relation to danger, pollutants and threats to the environment, environmental aspects of the London Salvage Convention, public international law concerning pollution, and European directives relating to salvage and the environment.
  • Looks at claims following breach of duty, analysing the liability of the salvor and the various claims to damages that result.
  • The appendices include jurisdiction-related legislation, such as the Senior Courts Act 1981 and the Civil Aviation Act 1982; various salvage conventions; merchant shipping acts, including the 1993 Protection of Wrecks Act and the Wreck Removal Convention; Specimen forms and awards, including the Lloyds form and SCOPIC 2011; relevant US legislation, including excerpts from the Constitution, and the Abandoned Shipwrecks Act 1988; as well as various miscellaneous provisions, reports and statistics.
 
EU State Aids, 5th Edition

  • Presents a complete picture of EU State aid law
  • Examines State aid in specific sectors, including the financial sector, agriculture, large investment projects, transport and broadcasting
  • Deals with horizontal aid, including aid for SMEs, employment and training, regional aid and aid for research, development and innovation
  • Deals with all the economic aspects concerning State aid such as the market investor principle
  • Goes through the administrative procedure for examining State aid
  • Covers the remedies for dealing with and recovering unlawful State aid
  • Presents a complete picture of EU State aid law
  • Examines State aid in specific sectors, including the financial sector, agriculture, large investment projects, transport and broadcasting
  • Deals with horizontal aid, including aid for SMEs, employment and training, regional aid and aid for research, development and innovation
  • Deals with all the economic aspects concerning State aid such as the market investor principle
  • Goes through the administrative procedure for examining State aid
  • Covers the remedies for dealing with and recovering unlawful State aid
  • Includes a set of case summaries highlighting the Commission's reasoning, relevant national arguments and other aspects of the decision
  • Sets out the procedures for illegal state aid complaints
  • Lists all relevant rules, regulations, notices and guidance notes, with references to full texts