In the first Newsletter of 2012 we announce the publication of a long-awaited title. The 9th editon of Currie on Confirmation
of Executors arrived in December as a last-minute Christmas present to executry practitioners. The new edition covers the rights
of civil partners and cohabitees in succession and developments in the law of adult incapacity, including the introduction of the
continuing power of attorney, the financial guardian and intervention orders.
The Arbitration (Scotland) Act 2010 aims to make Scotland the jurisdiction of choice for arbitations domestic and international. Two
experienced arbitrators, David Parratt and Peter Foreman, have annotated the new legislation and Rules of Court in Scottish
Arbitration Handbook, published by Avizandum Publishing in December. They provide informed commentary on how the legislation is likely to affect the
conduct of arbitration in Scotland.
In the Greens Annotated Acts series Professor Joe Thomson provides authoritative guidance to the Damages (Scotland) Act
2011 through his in-depth annotations. The volume also contains Part II of the Administration of Justice Act 1982 enabling
cross reference between its recent changes and the annotations to the Damages Act.
Aidan O'Neill has written a new edition of his authoritative guide to EU law: EU Law for UK Lawyers. Written in a
lively and accessible style, it is an ideal guide for practitioners, whether those coming to the subject for the first time or those
already with a background in EU law.
Avizandum Law Bookshop sells antiquarian law books which are still of interest to practising lawyers. We are urgently seeking copies of
Walker on Civil Remedies in Scotland (published in 1974) and Maclaren on Expenses in the Supreme and Sheriff
Courts of Scotland (published in 1912) for a growing list of customers! If you have a copy to sell please contact us at
customerservice@avizandum.com.
Lastly, congratulations to Lord Reed on his elevation to the Supreme Court! And a Happy New Year to all our customers!
Bellamy & Child: The European Community Law of Competition (Supplement 2)
V Rose
Publisher: Oxford University Press
Expected Publication Date: 31/01/12
ISBN: 9780199639694
£95.00 Pbk 
New legislation covered includes the Vertical Agreements block exemption and Guidelines; the new block exemptions for specialisation and
R&D agreements and the Horizontal Cooperation Guidelines. A full update as to case law is also provided including coverage of the
Court of Justice's judgment in Alrosa concerning the role of third parties in the Commission's commitments procdure; the judgment
of the General Court in the AstraZeneca case analysing asymmetric markets and abusive behavious relating to intellectual property
rights; and recent decisions of the English High Court and Competition Appeal Tribunal.
Chitty on Contracts
(30th edn) Supplement 3
H Beale
Publisher: Sweet & Maxwell
Published: Nov 11
ISBN: 9780414047853
£115.00 Pbk
Clerk & Lindsell
on Torts (20th edn) Supplement 1
Publisher: Sweet & Maxwell
Published: Nov 11
ISBN: 9780414045781
£65.00 Pbk
Hudson's Building and Engineering Contracts (12th edn) Supplement 1
Atkin Chambers
Publisher: Sweet & Maxwell
Published: Dec 11
ISBN: 9780414023055
£65.00 Pbk
Lewin on Trusts
(18th edn) Supplement 2
L Tucker et al
Publisher: Sweet & Maxwell
Published: Nov 11
ISBN: 9780414048720
£75.00 Pbk
Macdonald's
Immigration Law & Practice (8th edn) Supplement 1
I Macdonald QC & R Toal
Publisher: LexisNexis
Published: Dec 11
ISBN: 9781405763332
£75.00 Pbk
Contains all the recent legislation and commentary since publication of the main work, including human trafficking, the new points-based system and the charter of fundamental rights.
MacGillivray on Insurance Law (11th edn) Supplement 2
J Birds et al
Publisher: Sweet & Maxwell
Published: Nov 11
ISBN: 9780414047914
£145.00 Pbk
McGregor on Damages
(18th edn) Supplement 2
Publisher: Sweet & Maxwell
Published: Nov 11
ISBN: 9780414047761
£75.00 Pbk
Phipson
on Evidence (17th edn) Supplement 1
HM Malek & J Auburn
Publisher: Sweet & Maxwell
Published: Dec 11
ISBN: 9780414047778
£89.00 Pbk
Scottish Land Law Volume 1 (3rd edn) Supplement 1
W M Gordon
Publisher: W Green
Published: Nov 11
ISBN: 9780414018679
£55.00 Pbk
Anton's Private International Law (3rd edn)
P Beaumont & P McEleavy
Publisher: W Green & SULI
Published: Oct 11
ISBN: 9780414013452
£155.00 Hbk
Now in its 3rd Edition this is a supremely comprehensive work on private international law, one which has been held in the highest esteem
since its groundbreaking 1st edition written by the outstanding jurist Professor Alexander (Sandy) Anton in 1967. This new edition has been
completely revised by Paul Beaumont and Peter McEleavy, taking account of the significant developments in theory and practice since 1990.
This book is the most up to date treatment of the increasing panoply of EU law on private international law. It explains the Treaty
context by analysing Article 81 TFEU and the UK and Irish Protocol. It thoroughly analyses Brussels I (including the recast proposal of
December 2010), Rome I and II, Brussels IIa, Maintenance and Insolvency and the relevant ECJ case law on those instruments. In
addition it deals with the European Enforcement Order, European Payment Order, European Small Claims, Service Regulation, Taking of Evidence
Regulation, proposed Succession Regulation, and the ECJ case law on private international law of companies.
The book also examines the Hague Conventions as they apply in the UK (including Child Abduction, Adoption, Children, Service of Documents,
Taking of Evidence, Formal validity of Wills, and Trusts) and some that should apply in the future (Choice of Court Agreements 2005 and
Maintenance 2007).
Cohabitation (2nd edn)
K Malcolm & F Kendall
Publisher: W Green
Published: Oct 11
ISBN: 9780414018266
£78.75 Pbk & CD-Rom
The expert authors provide in-depth
explanation of all aspects of the legal
rights and responsibilities that apply to
cohabitants, including issues relating to
children, property, pensions, taxation and
wills. This is intended to be a book for everyday
use, offering guidance on the issues which
solicitors have to deal with on a day to day
basis, ensuring that you get it right and
save valuable time. Cohabitation includes
the vital tool of a CD bank of useful styles
for litigation, property transactions and
agreements between cohabitants.
This second edition pulls together advice on preventative measures as well as rescue remedies for clients dealing with problems that have
arisen on the breakdown of the relationship. Major reference is also made in this new edition to the Family Law (Scotland) Act 2006 and
numerous new cases such as Gow v Grant, Mitchell v Gibson and Savage v Purches.
The authors also use a new comparative chapter to look at the English system and from this look forward to suggested reforms.
Commercial Leases (2nd edn)
D Cockburn & R Milne
Publisher: Bloomsbury Professional
Published: Oct 11
ISBN: 9781847663177
£48.00 Pbk
Written in a succinct and straightforward style this text provides a practical guide to the drafting and negotiating of commercial leases.
In an area of law where careful drafting is essential, this concise and informative
handbook offers a unique practical viewpoint, outlining potential pitfalls
and providing solutions.
Reference is made throughout to pertinent case law and statutory authority,
and further sources are given where appropriate.
This text provides a practical guide to occupational leases for commercial
property. Following the chronology of a transaction, the author discusses clauses
which regularly occur in commercial leases, highlighting the points each side
needs to insist upon in negotiations and providing optional revisals for those
acting for tenants.
Conveyancing Practice in
Scotland (6th edn)
E Sinclair & A Stewart
Publisher: Bloomsbury Professional
Published: Nov 11
ISBN: 9781847668813
£78.00 Pbk
Conveyancing Practice in Scotland 6ed, written by practicing lawyers with many years of
transactional experience, is the only practical guide to managing conveyancing transactions in Scotland. The reader is taken step by step
through the conveyancing process, combining clear explanatory text with example wording at every stage of a typical conveyancing
transaction.
The new edition has been completely revised and restructured throughout to include commercial
conveyancing. New chapters on examination of title and remedies have been added as have handy summaries and checklists at the end of each
chapter, making this the ideal aide memoir for even the most experienced practitioner.
This indispensable guide is essential reading for commercial property lawyers as well as
residential practitioners in Scotland.
Currie on Confirmation of Executors (9th edn)
E Scobbie
Publisher: W Green
Published: Nov 11
ISBN: 9780414014619
£188.70 Hbk & CD-Rom
There has been what is referred to as a 'sexual revolution' in executry practice in recent years. The law now recognises civil partnerships for succession. It also now affords some financial protection for a cohabitee on the death of his or her partner. The rights of the test tube baby have been addressed. All have effects on succession and the confirmation process. The law relating to adult incapacity has also seen wholesale changes with the introduction of the continuing attorney, the financial guardian and the holder of an intervention order. This edition reports on the developing practice in relation to obtaining confirmation where an incapax is the executor. It is simple to see the absolute necessity for this new 9th edition of Currie on Confirmation of Executors.
Damages (Scotland) Act 2011
J Thomson
Publisher: W Green
Published: Nov 11
ISBN: 9780414018877
£38.00 Pbk
In July 2011 this important piece of legislation came into force and has influenced the way in which every personal injury solicitor works.
Scots law now reflects much of the Scottish Law Commission's Report on Damages for Wrongful Death. The Commission had taken the
view that the Damages (Scotland) Act 1976 had become over complex and contained inaccuracies as a result of numerous amendments made over
the years. The 2011 Act re-enacts much of the existing law but in a more logical and coherent way.
In this volume Professor Joe Thomson provides authoritative guidance through his in-depth annotations of the Act. It also contains a copy
of Part II of the Administration of Justice Act 1982 enabling cross reference between its recent changes and the annotations to the
Damages Act 2011.
Delict: A Comprehensive
Guide to the Law (2nd edn)
F McManus, E Russell, J Bisacre
Publisher: Dundee University Press
Published: Jan 12
ISBN: 9781845860424
£50.00 Pbk
Recognising the multi-faceted nature of the subject, the authors of this book have produced, in a single volume, a truly comprehensive guide to the law. This is essential reading for all students of delict as well as practitioners who require an up-to-date reference.
Domestic Abuse and Scots
Law
H Hughes (General Editor)
Publisher: W Green
Published: Dec 11
ISBN: 9780414017887
£66.30 Hbk & CD-Rom
This multi-author book is written by a combination of professionals and academics all regarded as experts in their particular fields. Their aim is to provide a comprehensive and practical guide on all aspects of Scots law in relation to domestic abuse. General Editor Helen Hughes has designed this to be accessible to solicitors, advisers and all those seeking information and guidance in cases of domestic abuse, such as social workers and family and child support agencies.
Freedom of
Information
K Dunion
Publisher: Dundee University Press
Published: Oct 11
ISBN: 9781845861223
£60.00 Pbk
This is the only in-depth guide to Scotlland's access to information regime. Written by Kevin Dunion, the first Scottish Information Commissioner, this uniquely informed text provides detailed commentary on the provisions of the Freedom of Information (Scotland) Act 2002 and also the Environmental Information (Scotland) Regulations 2004. Fully referenced to the Commissioner's own decisions and court judgments, it also considers in detail key issues of interpretation since the law came into effect. It is an essential handbook for anyone working with, or using, freedom of information law in Scotland.
Greens Practice Styles:
Commercial Leases
Publisher: W Green
Published: Nov 11
ISBN: 9780414018884
£57.20 Pbk
For many years Greens Practice Styles has been the trusted go-to source of the styles needed for those drafting across all areas of the Scottish legal landscape.
Greens Practice Styles: Commercial Leases now offers the quality and authority of the leases section of the parent title's Division C in a handy portable volume. It is a highly practical tool. All content comes in hard copy and on CD, allowing the user to study styles in the book format while downloading the digital versions for their own work. There is also a helpful index of styles.
Styles contained in the text include: Assignation of lease; Lease: multi-occupancy building; Notice effecting irritancy of lease; Offer to sub-let; Rent review notice.
Human Rights Law in
Scotland (3rd edn)
The Hon Lord Reed & J Murdoch
Publisher: Bloomsbury Professional
Published: Nov 11
ISBN: 9781847665560
£95.00 Pbk
Written by two distinguished authors, this work explores the impact of human rights legislation in Scotland and provides a comprehensive
review of ECHR jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery.
This highly regarded title is essential reading for legal practitioners, government agencies, students and others who require a clear and
up-to-date guide to the application of European human rights law in Scotland.
Contents includes: ECHR and Scots law. European protection of human rights. Applying the European Convention of Human Rights. Physical
Integrity: life, torture and inhuman treatment, servitude and liberty of person. Fair administration of justice. Private and family life
and education. Civil and political liberties: thought, expression, assembly and association and free elections. Property rights.
Appendices: the Human Rights Act 1998, relevant sections of both the Scotland Act 1998 and the ECHR
The Law of Corporate Insolvency in Scotland (4th edn)
J St Clair & The Hon Lord Drummond Young
Publisher: W Green
Published: Nov 11
ISBN: 9780414017559
£165.00 Hbk
Mediation: A Practical
Guide for Lawyers
M Mantle
Publisher: Dundee University Press
Published: Oct 11
ISBN: 9781845861216
£25.00 Pbk
This new book, aimed at students and practitioners, offers a comprehensive guide to the mediation process, together with checklists,
sample agreements and table of cases.
Authored by Marjorie Mantle, a founding partner of Mediation Scotland and an experienced commercial, court and workplace mediator, it
combines up to date legislation with case studies and practical tips.
An excellent resource for students on the Diploma who are taking the mediation course, it is also a valuable guide for experienced and
newly qualified practitioners.
Mediation: A Practical Guide provides fundamental information, practical
tips and case studies which show useful examples of the application of mediation
principles in practice. The contents include the key principles of mediation;
how to “sell” the concept of mediation; a guide to choosing the
right mediator; the role of the legal practitioner and a whole host of other
essential aspects of mediation.
Norrie's Commentaries on Family Law
K McK Norrie
Publisher: Dundee University Press
Published: Oct 11
ISBN: 9781845861193
£50.00 Hbk
This collection of short articles, aimed at practitioners and family law students, is replete with cases that address the multiple aspects
of Scottish family law with particular attention paid to the children's hearing system, the Hague Child Abduction Convention, same sex
relationships and cohabitiation.
Authored by Kenneth Mck Norrie, a leading advocate and one of the foremost academics in Scots family law, this collection provides a
fascinating chronological history of the development of family law from the Human Rights Act 1998 and the Scotland Act 1999 to the present
day.
Personal Injury Practice in the Sheriff Court (3rd edn)
R E Conway
Publisher: W Green
Published: Nov 11
ISBN: 9780414018372
£84.00 Hbk
This new 3rd edition is a fully updated, practical and user-friendly guide to procedure for personal injury claims in the sheriff court and
incorporates guidance on the pre-action protocol and the new personal injury ordinary and summary cause rules.
Part 1: Personal Injury Claims emphasises various strategies to strengthen the case at every stage. Part 2: Common Actions outlines the
current law and practice of the most commonly encountered sources of action including Road Traffic
Accidents, Workplace Accidents, Industrial Disease, Construction Accidents, Holiday Claims, Accidents to Children, Stress, Bullying and
Harassment Claims.
The author gives straightforward coverage of strategies, tactics and arguments for each stage of the claims and litigation process in the
sheriff court. Written from the perspective of the pursuer's agent, the emphasis throughout the book is on practical guidance and case
management, from first introduction through to the appeal process.
Scottish Arbitration
Handbook
D Parratt & P Foreman
Publisher: Avizandum Publishing
Published: Dec 11
ISBN: 9781904968443
£95.00 Pbk
The Arbitration (Scotland) Act 2010 has placed Scotland at the forefront of modern arbitration law and procedure. The Act improves the range
of options for domestic dispute resolution and has given Scotland the chance to establish itself as a centre for cross-border and
international arbitration.
The Scottish Arbitration Handbook is an accessible and practical guide to the new law. It combines annotation of the 2010 Act and the new
procedural rules with informed commentary on how the legislation is likely to affect the conduct of arbitration. The authors draw on their
experience in practice to address the issues that commonly arise during the arbitration process.
Coverage includes: Arbitration (Scotland) Act 2010, annotated; Scottish Arbitration Rules, annotated; new procedural rules contained in the
Rules of Court; analysis of the non-mandatory rules; sample arbitration clauses or agreements.
Under the 2010 Act, arbitration in Scotland is a flexible, confidential, speedy and costeffective procedure for the resolution of disputes.
The Scottish Arbitration Handbook provides an invaluable source of information and guidance to all those considering arbitration in
Scotland.
The Scottish National
Party: Transition to Power
J Mitchell et al
Publisher: Oxford University Press
Published: Nov 11
ISBN: 9780199580002
£25.00 Hbk
The Scottish National Party is a study of the SNP immediately after it came to power in May 2007. It is based on a survey of the entire membership and elite interviews with over 80 senior party figures. The image of the SNP as a youthful party, with a decentralised social-movement-type organisation is challenged. The party is much older and much more male than had previously been thought and appears more like other conventional parties than its past image suggested. Its increased membership in recent years holds few clues as to how to re-engage youth, as even these recent joiners are predominantly older people, often former members returning to the party. The study questions the value of the civic-ethnic dichotomy in understanding nationalism. SNP members, it argues, acknowledge different ways - civic and ethnic, with the emphasis very much on civic - of defining who is Scottish. The picture emerges of a coherent left-of-centre party that accepts the pragmatism of its leadership. While independence remains the key motivation for joining and being active, a sizeable minority see the party as a means of furthering Scottish interests. The idea of independence is examined in elite interviews and found, again, to be understood more pragmatically than many commentators have suggested.
Arlidge, Eady & Smith
on Contempt (4th edn)
D Eady & ATH Smith
Publisher: Sweet & Maxwell
Published: Dec 11
ISBN: 9780414043220
£289.00 Hbk
Comprehensive and authoritative commentary on the subject of civil and criminal contempt; Discusses the latest developments in practice,
procedure and case law; Updated coverage of the Human Rights Act and Civil Procedure Rules; Discusses the issues of injunctions restricting
the freedom of speech in the protection of privacy, and super-injunctions; Covers developments in strict liability contempt; Updated to
include the impact of new 'social media' such as 'Tweeting' from court, and the capacity of the social media to
undermine court orders; Covers the misuse of social media by jurors; Updated with the latest developments in reporting court proceedings
– and the impact of the Family Procedure Rules and the Criminal Procedure Rules; Covers Contempt in the Face of the Court and the
Criminal Procedure Rules; Discusses the issue of journalists and the protection of their sources.
The
British Firearms Law Handbook (formerly Gun Law) (7ed)
L Saunsbury & N Doherty
Publisher: Sweet & Maxwell
Published: Dec 11
ISBN: 9780414044982
£27.95 Pbk
This book is devoted exclusively to the law relating to the use of guns. In it the ordinary person who handles guns will find all the
requirements of the law which he needs to know, and those who have to enforce the law will find it of invaluable assistance to them in
their work.
Issues addressed include: shooting game, protected birds and animals, guns
for sport, rifle clubs, the tenant’s right to shoot, the
definitions of firearms and ammunition (including prohibited weapons and
imitation firearms), the licensing of firearms, how to obtain a licence and
how to appeal a refusal or revocation, young people and guns, poaching, and
criminal offences relating to firearms and ammunition. Useful appendices
complete the book.
Since the last edition of the book was published in 1999 there have been
some very significant changes in firearms law. The book therefore includes
substantial new material covering these changes including: classification
of prohibited firearms and ammunition & exemptions
from such classification, e.g. antique firearms; the mandatory minimum sentence provisions for prohibited firearms introduced by the
Criminal Justice Act 2003; the banning and reclassification of Brococks and other self-contained gas cartridge air weapons; realistic
imitation firearms and other relevant provisions of the Violent Crime Reduction Act 2006; the law relating to young persons and guns which
has been subject to a number of recent modifications; key changes relating to game shooting introduced by the Regulatory Reform (Game)
Order 2007; a brand new chapter relating to the security of firearms & ammunition; an additional chapter expanding
substantially the information relating to licensing appeals and applications
for the removal of a firearms prohibition; an expanded section on criminal
offences involving firearms and the available penalties; key developments
in case law since the last edition.
Bullen & Leake &
Jacob's Precedents of Pleading (17th edn)
D Brennan QC et al
Publisher: Sweet & Maxwell
Published: Dec 11
ISBN: 9780414047754
£430.00 Hbk
Widely regarded as the essential guide to drafting statements of case. Offers authoritative, structured precedents of statement of case
complete with guiding commentary across both mainstream and specialist
areas of practice.
The new 17th edition: Covers all branches of litigation from common areas such
as personal injury and employment to the more specialist ones such as sport
and aviation; Includes a range of templates which can easily be modified to
assist you with the case on which you are working; Contains example claims
and defences to help ensure you are aware of the correct procedures; Sets out
each section in standard order, with commentary followed by the precedents
split by claims and defences; Refers to case law and cites relevant legislation;
Compiled by a team of over 60 leading barristers; Two new chapters covering
competition and construction law; A completely revised chapter on Harassment – further to the coming into force of the Equality Act 2010 – and
Immigration, and substantial changes to Clinical Negligence, Product Liability,
Constructive Trust and Tracing and Judicial Review.
New or amended forms and precedents, particularly in: Assault, False Imprisonment and Malicious Prosecution; Carriage by Air; Employment
Tribunal; Conspiracy; Bribery; Personal Injury; Multi-Party Actions; Restitution; Property.
Commercial Property Litigation
J Fieldsend & P McAndrews
Publisher: Jordan Publishing
Published: Dec 11
ISBN: 9781846612572
£95.00 Hbk & CD-Rom
Commercial Property Litigation is a new authoritative handbook for property litigators. It combines an analysis of the
relevant substantive law and procedure with practical know-how focusing on common issues and problems faced by the property litigator.
The authors’ explanatory commentary is supported by expertly drafted
precedents, checklists, and extracts from key pieces of legislation and procedural
rules, which are contained on an accompanying CD-Rom providing easy access
to these time-saving precedent materials.
Conflicts of Interest
(4th edn)
C Hollander & S Salzedo
Publisher: Sweet & Maxwell
Published: Dec 11
ISBN: 9780414023390
£195.00 Hbk
Conflicts of Interest provides authoritative guidance on the law relating to conflics of interest in all its dimensions, from client
conflict and personal conflict to commercial and judicial conflict.
The new edition: offers expanded coverage of judicial conflicts
in response to a variety and frequency of modern day judicial challenges;
includes a new chapter covering arbitration conflicts which covers
the increasing issue that arbitrators and barristers may practise
from the same chambers and increasingly appear as judge and advocate
in the same case; updated coverage for chapters on fiduciary duties
and litigating conflicts; includes the new code of conduct from the
Solicitors’ Regulation Authority.
Cook on Costs
2012
M Cook
Publisher: LexisNexis
Published: Nov 11
ISBN: 9781405755474
£104.00 Pbk
Cook on Costs is the most authoritative, readable, comprehensive and up-to-date text on the subject of civil costs, written by the
highly-respected Michael Cook and frequently cited in court.
Updates for this year: Civil Procedure Rules and Costs Practice Direction;
Proportionality; Referral fees; Implementation of the Jackson Review; The
costs management pilot schemes; CPR Part 36 offers; Family proceedings – new
rules and glossary; Latest High Court and Court of Appeal decisions on costs;
The Solicitors Regulation Authority Code of Conduct.
EU Law for UK Lawyers
(2nd edn)
A O'Neill
Publisher: Hart Publishing
Published: Aug 2011
ISBN: 9781841130460
£75.00 Hbk
This is the second edition of this wide-ranging survey of EU law. The new edition has been significantly enlarged. Unlike many other EU law
books it takes full account not only of the Lisbon Treaty changes to the EU treaties, but also of the fact that the EU Charter of Fundamental
Rights now has the same legal value as the EU Treaties. It therefore not only covers the relevant case law of the Court of Justice of the
European Union, but also ties that case law into the decisions of the European Court of Human Rights, because it is clear that EU law can
only now properly be understood and applied against this background of European fundamental rights jurisprudence.
The book sets out very clearly the broad shape of the European Union's legal systems, while also giving the reader a good feel for the
policy motivations in the Court of Justice of the European Union and the scope of EU legislative activity. Written in a lively and
accessible style, it is an ideal guide for practitioners, whether those coming to the subject for the first time or those already with a
background in EU law.
Among the additions and changes in this expanded edition the book includes new chapters on the EU and fundamental rights, on commercial
agency, on criminal law and on private international law in the EU. It also contains a full treatment of EU equality law.
The Interpretation of Contracts (5th edn)
Lord Justice Lewison
Publisher: Sweet & Maxwell
Published: Dec 11
ISBN: 9780414023062
£275.00 Hbk
Expert guidance in preparing, advising on and disputing agreements. This new edition gives practical help when faced with
questions of disputed interpretation. It enables the construction of solid arguments based on the principles laid down by case law.
Starting with key principles including the maxims of interpretation such as the ejusdem generis rule, it goes through the different
components of a basic proposition followed by in-depth analysis and illustrated by the most relevant judicial decisions.
This title also helps you identify the materials available to interpret
a contract such as previous agreements, published precedents, pre-contract
negotiations and post contractual conduct. It covers the issue of addressing
the role of a previous case law in interpreting a contract and the ‘golden rules’ for
establishing the meaning of a word, including scientific and technical
terms. You will have the best resource to avoid future disputes over meaning.
Examines the rules of contract interpretation to assist in preparing, advising on and disputing agreements; Provides real value in advising
on the likely outcome of a contractual dispute so you pursue the strands most likely to succeed; Uses a practical research style covering
each area that might be disputed between parties to a contract; Provides information in a clear structure with a general proposition
followed by detailed explanation and then quotations from judgements; Helps navigate the key statute and case developments in contract law;
Includes two new chapters covering Force Majeure Clauses and Dispute Resolution Clauses; Offers expert guidance to the choice of
jurisdictions clauses and choice of law clauses; Discusses the issue of implied terms which have been rewritten in the light of the
decision in AG of Belize v Belize Telecom; Covers the recent issue of blank spaces in contracts, the role of published precedents and the
maxim noscitur a sociis; Provides extended discussion of the ways in which terms may be incorporated into contracts; Covers the
developments in pre-contractual negotiations rewritten in light of Chartbrook v Persimmon; Includes updated coverage on the latest
developments and case law.
Jackson & Powell
on Professional Liability (7th edn)
J Powell QC et al
Publisher: Sweet & Maxwell
Published: Dec 11
ISBN: 9780414047808
£285.00 Hbk
Jackson & Powell on Professional Liability is divided into two parts: chapters covering the general law around professional
liability - the duties, remedies, defences, litigation, human rights issues - are followed by detailed chapters covering individual
professions in turn.
The new edition: Offers comprehensive coverage of the law of professional
liability; Discusses the difference between contractual liability and tortuous
liability; Provides essential reference point as it aids practitioner’s in establishing whether a duty of care exists ,
whether it has been breached, the cause and remedies available; Considers the duties, obligations and standard of skill of professionals
to help establish if a duty of care has been breached; Explains the nature of fiduciary duties including unauthorised profits and undue
influence; Investigates the nature and scope of Professional Indemnity Insurance; Provides quick access expert guidance on available
defences including equitable defences; Analyses the impact of Human Rights on Professionals; Covers the different liabilities and standard
of skills for professionals operating in a variety of industry sectors; Separate chapters on individual professions – providing
commentary from the start of an action through to adjudication and damages;
Covers the following professions: Construction Professionals, Surveyors,
Solicitors, Barristers, Financial Practitioners, Insurance Brokers, Accountants,
Auditors, Actuaries, Information Technology Professionals, Patent and Trademark
Attorneys; Discusses the FSA and financial regulations; Updated with the
latest case law and legal developments.
Kerly's Law of Trade
Marks and Trade Names (15th edn)
J Mellor QC et al
Publisher: Sweet & Maxwell
Published: Dec 11
ISBN: 9781847037701
£295.00 Hbk
Provides full explanation of the UK law of trade marks and trade names; Covers classification, registration (UK & European), different types of marks, enforcement, infringement and litigation; Includes coverage of assignments; Goes through licensing, merchandising and franchising; Deals with infringement and available remedies; Looks at mediation and arbitration in the context of trade marks; Incorporates recent legislative change such as the Trade Marks Regulations 2008, the Trade Marks (Earlier Trade Marks) Regulations 2008 and the Community Trade Mark (Amendment) Regulations 2008.
Munkman on Damages for
Personal Injuries (12th edn)
G Exall
Publisher: LexisNexis
Published: Dec 11
ISBN: 9781405755658
£120.00 Hbk
This practical resource provides a concise and up-to-date coverage of the principles of law on the assessment of damages, as well as
examples of typical awards. It gives general guidance on settlements and discusses a plethora of numerous recent cases.
What’s new for 2011: Inclusion of the new 7th edition of the Ogden Tables with detailed commentary; Details and discusses the Court of
Appeal’s consideration of general damages in multiple-injury cases
in Sadler v Filipiak (10th October 2011); A new chapter on
the radical development of periodical payments and related cases such as Flora, Thompstone and Corbett; A new
chapter on damages that are not recoverable, to meet the needs of the growing insurer/claims assessor market; A new chapter on damages in
clinical negligence cases; A new chapter deals specifically with future loss of earnings, loss of earning capacity and which examines
closely the problems when losses are suffered by self-employed claimants; Fatal accidents has been revised to take into account the
guidance given in Welsh Ambulance Services v Williams [2008] EWCA Civ 81 on the deaths of high earning business owners; Brand new
chapter that deals with the need for specialised accommodation and associated losses; A new chapter on damages for shortened life
expectancy/damages in anticipation of death.
Annotated Companies
Legislation (2nd edn)
J Birds et al (Eds)
Publisher: Oxford University Press
Expected Publication Date: 31/01/12
ISBN: 9780199652693
£230.00 Pbk
As the only single volume commentary with a complete set of company law materials, Annotated Companies Legislation offers the legal
practitioner a detailed section-by-section guide to the Companies Act 2006 and surviving parts of older legislation.
The second edition of this well-regarded commentary provides up-to-date analysis on all recent developments and includes, in particular, a
review of dynamic areas such as derivative claims, unfair prejudice, and directors' duties.
This one-stop resource offers guidance on the interpretation of the law and the impact of changes made by the Companies Act 2006 by
reference to case law, Hansard and Committee Reports and includes copies of all substantive secondary material. It is designed with the user
in mind and provides derivation and destination tables which ease navigation around the 2006 regime. The book is organised according to the
topics covered in the Parts of the 2006 Act and paragraph numbers reference the Parts and sections of the Act enhancing usability and
making research quicker and easier.
This second edition offers excellent value for money and a much-needed fresh commentary on companies legislation. It provides a single,
convenient and portable volume leaving the reader with no need to research elsewhere.
Clinical Negligence: A
Practical Guide (7th edn)
A Buchan
Publisher: Bloomsbury Professional
Expected Publication Date: 28/02/12
ISBN: 9781847666734
£90.00 Pbk
Written in a clear and concise style, this new 7th edition of this popular and highly respected title has been fully updated to take account
of the various important developments in legislation and case law that have occurred since the previous edition.
Practical and accessible, it provides practitioners with a structured background to the law. This information is supported by numerous case
illustrations, plus a large amount of highly valuable practical guidance on procedure. A 'must-have' title for all practitioners
specialising in this complex area of the law.
Fully revised and updated to include: causation in negligence, human rights and clinical negligence, damages, expert evidence, terms of duty
of care, detention under the Mental Capacity Act 2005, the Mental Capacity Act 2005, and the NHS Redress Act 2006.
Disclosure (4th edn)
P Matthews & HM Malek QC
Publisher: Sweet & Maxwell
Expected Publication Date: 31/01/12
ISBN: 9780414047792
£209.00 Hbk
An authoritative and detailed analysis of the law relating to the process
by which parties to an action disclose to each other all documents relating
to the action. It examines both substantive law and procedure, discussing
the “who, what, how and when” of
disclosure obligations and explaining the implications of non-compliance.
New to the 4th edition: Updated to include the Civil Procedure Amendment Rules 2010. Includes the latest developments in case law (mainly
UK but also Commonwealth, Ireland and Channel Islands). Offers amended forms and precedents in line with key changes in the law. Discusses
key areas of change: electronic disclosure, time of disclosure, Norwich Pharmacal and other pre-action disclosure.
Keating on Construction
Contracts (9th edn)
The Hon Sir V Ramsey & S Furst QC
Publisher: Sweet & Maxwell
Expected Publication Date: 31/01/12
ISBN: 9780414047921
£395.00 Hbk
Provides detailed commentary on all issues relating to construction contracts. Gives practical help on interpreting legislation and
analysing judicial decisions. Up-to-date references to case law, journals and other source material. Covers UK case law and relevant
decisions from Europe and overseas. Includes Commentary on JCT Standard Form of Building Contract and Nominated Sub Contract. Features key
sections of Housing Grants, Construction and Regeneration Act.
The Law of Carriage of
Goods by Sea
L Singh
Publisher: Bloomsbury Professional
Expected Publication Date: 31/12/11
ISBN: 9781847667038
£50.00 Pbk
This new title provides a comprehensive overview and insight into the legal aspects of sea carriage and its surrounding issues. The book
will enable students, both new to the subject, as well as those seeking to advance their knowledge, to better understand the often
technical and complicated nature of the law in this area.
Includes relevant case excerpts, statutory materials, exam and coursework
related questions and diagrams to aid understanding of the subject. Material
covered includes: a general introduction; bills of lading; charterparties;
international and domestic regulations; rights and obligations of the parties
under a contract of carriage; limitations of liability; and remedies./p>
Misuse of Drugs and
Drug Trafficking Offences (6th edn)
R Fortson QC
Publisher: Sweet & Maxwell
Expected Publication Date: 31/12/11
ISBN: 9780414045170
£115.00 Hbk
An invaluable and detailed guide to all aspects of the criminal law relating to drugs, including their manufacture, possession and use,
importing, exporting, rules of evidence and police powers, as well as rules pertaining to offences of money laundering, sentencing and
confiscation.
Offers a balance of UK drugs law in their international context. Explains
complex concepts of drug laws clearly. Provides practical guidance as well
as legal theory. Includes information on various substances, including ‘Legal Highs’. Covers the impact of the
Medicines Act 1968. Provides helpful flow charts, diagrams showing mechanics of confiscation,
summary of controls under existing drug legislation and tables highlighting
invaluable statistical material. Written by one of the most prominent legal
practitioners in this area.
This new edition will encompass the following: All chapters have been substantially
revised and brought up to date. Includes recent legislative developments
and case law (including relevant decisions in Scotland and elsewhere). Addresses
current law (and prospective law) in relation to ‘Legal Highs’ which
are increasingly being brought under legislative control. Impact of the Medicines
Act 1968 as a means of regulating under the criminal law the distribution
and use of substances on human beings. Discusses changes of policy and strategy
in relation to drugs that are applied other than for medicinal or scientific
purposes. Discussion on the latest UK, UN and EU strategies for drug control.
Reflects significant developments in rules relating to confiscation. Revisions
to the powers of police and law enforcement agencies. Sentencing powers and
sentencing decisions will be brought up to date including the latest Sentencing
Council proposals for sentencing drug offences.
Pensions Law Handbook
(10th edn)
Nabarro Pensions Team
Publisher: Bloomsbury Professional
Expected Publication Date: 31/12/11
ISBN: 9781847667472
£85.00 Pbk
The new fully updated edition of this title is the definitive and comprehensive guide to pensions law and practice within the UK.
It deals with the duties and responsibilities of key personnel and the law applicable to specific tasks, such as contracting out, early
leavers, reconstruction, winding-up, funding and surplus. This practical handbook will guide you through the complex web of
pensions-related statues, regulations and case law, providing accessible, easy-to-understand explanations of the relevant topical issues.
Nabarro's pensions department is one of the country's leading pensions teams.
Pre-Nuptial and
Cohabitation Agreements
N Francis & N Bennett
Publisher: Jordan Publishing
Expected Publication Date: 31/12/11
ISBN: 9781846610950
£60.00 Pbk
Pre-Nuptial and Cohabitation Agreements provides the practitioner with comprehensive practical guidance on the law relating
to such agreements, and upon their effectiveness, and the relevant case-law, when they are relied upon in subsequent ancillary relief
proceedings. There are practical step-by-step drafting guides and a discussion of the pitfalls that advisers must attempt to avoid.
An innovative addition to the book is a consideration of how pre-nuptial agreements are analysed in practice in certain foreign
jurisdictions. Up-to-date descriptions of the position in the United States, Russia, and some European jurisdictions are included. As
pre-nuptial agreements come to the fore in England and Wales, foreign experience will be all the more invaluable.
Trade Marks: Law and
Practice
A Firth
Publisher: Jordan Publishing
Expected Publication Date: 31/01/12
ISBN: 9781846612633
£65.00 Pbk
Trade Marks: Law and Practice is a concise account of UK trade marks law within the European and international context.
Written by Alison Firth and expert co-authors, this text deals with all the relevant domestic and international developments.
The text incorporates and analyses the ongoing amendments to the Trade Marks Act 2004, amendments to the Trade Marks Rules 2000 and the
expansion of the system of international registration of trade marks under the Madrid Protocol and the International Trademark Treaty.
The appendices include helpful consolidated versions of the Act and the Rules.
The work offers a coherent and logical analysis of the legal framework in which trade marks operate and is expertly distilled for ease and
speed of reference. It considers the commercial functions of trade marks and how to use them; how to protect trade marks and the process of
registration, licensing and assignment.
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