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Customer Newsletter No 13 September 2009


LexisNexis have created a new legal professional diary to accompany the Scottish Law Directory. The Scottish Law Diary 2010 is available in two versions: page-to-view and week-to-view. See Forthcoming Books: Scots Law for details.

A flurry of activity from Greens this autumn has produced new editions of three well-established practitioner titles: Compulsory Purchase and Compensation by Jeremy Rowan Robinson, Land Tenure and Tenements Legislation by Robert Rennie, and Nature Conservation Law by Colin Reid. H Reynold Galbraith has written a new work on Executry Tax Planning which should prove invaluable to practitioners in the field.

Greens have also brought out Greens Bankruptcy and Mercantile Statutes 2009-2010, an offprint of the relevant section of the Parliament House Book. This paperback will be a useful and portable work of reference.

Of more general interest in the year of the tenth anniversary of the Scottish Parliament will be The Scottish Parliament 1999-2009: The First Decade, a collection of essays by distinguished commentators reflecting on the work and achievements of the Parliament to date.

Antiquarian Law Books We have customers looking for a number of antiquarian Scots law books. In particular, we are searching for copies of David M Walker's Civil Remedies and various editions of the institutional writers. Please contact Mary Jane Bennett at maryjane@avizandum.co.uk if you have any books you wish to sell.


Contents:


1 Supplements

2 New Books: Scots Law

3 New Books: UK & EU Law

4 Forthcoming Titles: Scots Law

5 Forthcoming Titles: UK & EU Law

Supplements

Charlesworth & Percy on Negligence (11th edn) Supplement 3
Walton, C
Publisher: Sweet & Maxwell
Published: Aug 09
ISBN: 9781847039477
£90.00 Pbk
Considers various decisions in the House of Lords, including: Van Colle v Chief Constable of Hertfordshire Police ; Smith v Chief Constable of Sussex Police [2008] 3 WLR 593, HL (liability of police towards individuals who are victims of crime); Mitchell v Glasgow City Council [2009] 2 WLR 481, HL (liability of a local authority to a tenant injured by the criminal act of another tenant); and Trent Strategic Health Authority v Jain [2009] 2 WLR 248, HL (liability of a health authority for economic loss in wrongfully causing the closure of a registered nursing home)

Examines a selected number of Court of Appeal cases, including: Calvert v William Hill Credit Ltd [2009] 2 W.L.R. 1065, CA (liability of bookmakers to a customer sustaining economic loss as a result of compulsive gambling); Poppleton v Trustees of the Portsmouth Youth Activities Committee [2009] PIQR P1, CA (liability for injury sustained when engaging in hazardous activity), Ellis v Environment Agency [2009] PIQR P5, CA (causation in accident cases).


Clerk & Lindsell on Torts (19th edn) Supplement 4
Dugdale, A et al ( Consultant Editors)
Publisher: Sweet & Maxwell
Expected Publication Date: 31/10/09
ISBN: 9781847037886
£95.00 Pbk


The Scottish Law Directory Fees Supplement 2009
LexisNexis Editorial
Publisher: LexisNexis
Published: Aug 09
ISBN: 9781405742559
£22.50Hbk
The Scottish Law Directory Fees Supplement 2009 consolidates all the revisions to fee rates up to August 2009 and includes solicitors' fees, solicitors' outlays, expenses of party litigants, stamp duties and tax rates.


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New Books Available Now


Scots Law


Casebook on Scottish Criminal Law (4th edn)
CHW Gane, CN Stoddart & J Chalmers(Eds)
Publisher: W Green
Published: Aug 09
ISBN: 9780414016934
£42.00 Pbk
This new edition covers all the significant cases in the main areas of substantive Scots criminal law, bringing all this information together into one volume. Fully revised to take into accoount legal developments since 2001, this fourth edition includes new features such as: a discussion of the recent legislation on sexual offences; coverage of new hate crime legislation; an examination of the controversial topic of corporate responsibility for homicide, both at common law and under statute, and the latest decisions from the High Court on the law of causation.


Company Law (3rd edn)
N Grier
Publisher: W Green
Published: Aug 09
ISBN: 9780414017160
£37.00 Pbk
The 3rd edition takes into account the extensive changes made by the Companies Act 2006. This is an indispensable text for law students, covering all the essential areas of company law in a clear and logical format. In addition, by highlighting the areas about which practitioners need to advise clients, this title is valuable to legal practitioners looking for a concise guide. As this is an established text, students and lecturers have the benefit of complete confidence in the quality of the work.


Compulsory Purchase and Compensation (3rd edn)
J Rowan-Robinson
Publisher: W Green
Published: Aug 09
ISBN: 9780414017528
£85.00 Hbk
Revised and updated. A detailed but straightforward explanation of the law relating to compulsory purchase and compensation in Scotland. The author also considers the wider area of compensation for depreciation in the value of property caused by government actions and decisions falling short of expropriation. He sets out not only to state the law, but to explain how it has emerged in its present form and to consider where change is desirable.


Criminal Procedure (Scotland) Act 1995 (8th edn)
RS Shiels & I Bradley
Publisher: W Green
Published: Aug 09
ISBN: 9780414017597
£82.00 Pbk
Parliament House Book is the most comprehensive and up-to-date source of legislation available to Scots law practitioners and students, providing you with fingertip access to collections of consolidated statutes, legislative amendments and subordinate legislation in key areas of the law. Greens Legislative Looseleaf Reprints, printed annually, reproduce significant sections of this respected looseleaf title. They offer all the weight and authority of the encyclopaedia in handy portable formats, allowing you access to the facts whether in the office, court, library or at home.

2009/2010 edition includes: Partnership Act 1890; Unfair Contract Terms Act 1977; Sale of Goods Act 1979; Supply of Goods and Services Act 1982; Bankruptcy (Scotland) Act 1985; Law Reform (Miscellaneous Provisions) (Scotland) Act 1985; Contracts (Applicable Law) Act 1990; Bankruptcy (Scotland) Act 1993; Sale and Supply of Goods Act 1994; Contract (Scotland) Act 1997; Bankruptcy and Diligence etc (Scotland) Act 2007; Late Payment of Commercial Debts (Interest) Act 1998; Bankruptcy Fees (Scotland) Regulations 1993/486; Unfair Terms in Consumer Contracts Regulations 1999; Bankruptcy (Scotland) Regulations 2008; Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008.


Executry Tax Planning
H Reynold Galbraith
Publisher: W Green
Published: Aug 09
ISBN: 9780414017368
£55.00 Pbk
This new title will help solicitors to advise clients on tax planning in relation to wills and trusts, and to deal with tax issues arising during the administration of estates. The book is divided into three parts: pre-death, during administration and post-death. Within each part, the author provides useful tips and traps in relation to a wide range of tax issues, including income tax, capital gains tax, inheritance tax, pre-owned assets tax and stamp duty.

Contents: Income Tax; Capital Gains Tax; Inheritance Tax; Pre-owned Assets Tax; Stamp Duty; Council Tax; Current Trends in Post-Death Planning; Style of Post-Death Deeds; How to avoid Negligence Claims in Tax.


Greens Annotated Rules of the Court of Session 2009
N Morrison
Publisher: W Green
Published: Aug 09
ISBN: 9780414017672
£115.00 Pbk
Reproduced from the Parliament House Book, this book provides a comprehensive and authoritative guide to the practice and procedure of the Court of Session.

As well as providing the full text of the Rules of the Court of Session, this handy, portable volume also provides detailed expert analysis written by Sheriff Nigel Morrison QC.

Contents: Updated and annotated Act of Sederunt (Rules of the Court of Session 1994) 1994; Expenses of Party Litigants (SI 1976/1606); Messengers-at-Arms and Sheriff Officers Rules 1991 (SI 1991/1397); Solicitors Rights of Audience 1993 (SI 1993/1215); Act of Sederunt (Rules of the Court of Session Amendment) (Fees of Solicitors, Shorthand Writers and Witnesses) 2002 (SSI 2002/301); Directions and Practice Notes.


Greens Bankruptcy and Mercantile Statutes 2009-2010
Greens Editorial
Publisher: W Green
Published: Aug 09
ISBN: 9780414017931
£60.00 Pbk
Offprint from the Parliament House Book.

 

 


Greens Sheriff Court Rules 2009-2010
Greens Editorial
Publisher: W Green
Published: Aug 09
ISBN: 9780414017665
£45.00 Pbk
Contents: Fatal Accident and Sudden Deaths Inquiry Procedure (Scotland) Rules 1977; Ordinary Cause Rules 1993; Summary Applications, Statutory Applications and Appeals etc Rules 1999; Summary Cause Rules 2002; Small Claims Rules 2002.


Land Tenure and Tenements Legislation (3rd edn)
R Rennie
Publisher: W Green
Published: Aug 09
ISBN: 9780414017870
£55.00 Pbk
Now in its third edition, Land Tenure and Tenements Legislation has become a widely used, essential text for all those involved in property law in Scotland. In the four years since the previous edition there has been a raft of new case law and also time for expert author Professor Robert Rennie to consider the legislation in action and make qualified annotations.

The land tenure and tenements legislation has been completely groundbreaking and it is essential that professionals who work in this area have a full comprehension of it. Having this most recent edition of Professor Rennie's book will provide this, along with peace of mind that the answer to questions clients or colleagues may have are held within its pages.

Contained within this title are fully updated annotated versions of the following landmark legislation: Abolition of Feudal Tenure etc (Scotland) Act 2000; Leasehold Casualties (Scotland) Act 2001; Title Conditions (Scotland) Act 2003; Tenements (Scotland) Act 2004.


Nature Conservation Law (3rd edn)
C Reid
Publisher: W Green
Published: Aug 09
ISBN: 9780414016958
£55.00 Hbk
This essential work offers a comprehensive and clear guide to the law on nature conservation in Great Britain. The 3rd edition takes into account significant changes in legislation in both Scotland and England, including the Nature Conservation (Scotland) Act 2004 and the Natural Environment and Rural Communities Act 2006, as well as extensive developments in European case law.

This book will be a vital reference guide to legal practitioners involved in planning, environmental and agricultural matters. The approachable style makes it an equally suitable guide for land owners, nature conservation professionals, estate managers and students of nature conservation law.

Contents: Introduction; The authorities responsible for nature conservation; Protection of wild animals; Exploitation and destruction of wildlife; Conservation of habitat; Plants; European and international aspects; Miscellaneous; Appendix A Schedules to the Wildlife and Countryside Act 1981; Appendix B Open seasons; Appendix C - Licences.


Roman Law Essentials
C Anderson
Publisher: Dundee University Press
Published: Aug 09
ISBN: 9781845860844
£15.00 Pbk
An invaluable study guide for students. It provides up-to-date, concise and comprehensive coverage of Roman law and its effect on the law of Scotland and is the ideal text for students who come new to the subject and for those preparing for exams. also an excellent resource for those who need to refresh or update their knowledge.

Summary sections of Essential Facts and Essential Cases will help students to identify, understand and remember key elements of the subject.


The Scottish Parliament 1999-2009: The First Decade
C Jeffery & J Mitchell (Eds)
Publisher: The Hansard Society of Scotland
Published: Aug 09
ISBN: 9781906817213
£9.99 Pbk
In this edited collection of essays, distinguished commentators, academics and parliamentarians discuss some of the key issues in the development of the Scottish Parliament over the last decade.

12 May 2009 marked the 10-year anniversary of the first inaugural session of the Scottish Parliament. Rarely can such high expectations have been invested in a political institution. The Parliament was to become the fulcrum of a 'new politics'. Expectations were high. As the Parliament moves into its second decade, now is the perfect time to reflect on its role in the Scottish and wider UK political process. What has been learned? What have been the challenges and its achievements? Has it matured into the effective legislative body that so many hoped for?


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UK and EU Law


Black's Law Dictionary (9th edn)
BA Garner (Ed)
Publisher: Sweet & Maxwell
Published: Aug 09
ISBN: 9780314199492
£59.00 Hbk
For more than a century Black's Law Dictionary has been the standard for the language of law. Today it's the most widely cited law book in the world. Edited by Bryan A Garner, the 9th edition is the most comprehensive law dictionary ever published. It contains more than 45,000 terms, alternate spellings or equivalent expressions for more than 5,300 terms, and West key numbers.

Includes 2,000 more terms than the 8th Edition and 19,000 more terms than the 7th Edition; includes the date when selected terms were first used in English-language contexts, especially in judicial opinions; offers heightened accuracy - more than 200 lawyers around the country reviewed terms; includes definitions of more than 1,000 law-related abbreviations and acronyms; provides nearly 3,000 quotations drawn from sources over five centuries.


Boyle and Birds' Company Law (7th edn)
J Birds & AJ Boyle
Publisher: Jordan Publishing
Published: Aug 09
ISBN: 9781846611872
£35.00 Pbk
A well established leading textbook for practitioners and those involved in the day-to-day administration of companies. Based on Gore-Browne on Companies, it combines a comprehensive and authoritative exploration of law and practice with an examination of the theoretical issues making it ideal reading for both students on degree courses and those taking professional examinations.

The new edition has been extensively revised in light of final implementation of the Companies Act 2006, with appropriate discussion of the mass of secondary legislation. Other revisions include: the new model articles; full coverage of recent case law; recent developments at the European level; the Combined Code and an updated Institutional Shareholders' Statement of Responsibilities; implementation of the Market in Financial Instruments Directive; the liability regime for statements and documents under the Transparency Directive and the Davies Review.


Documentary Evidence (10th edn)
C Hollander
Publisher: Sweet & Maxwell
Published: Aug 09
ISBN: 9781847036155
£189.00 Hbk
Documentary Evidence guides you through the ways in which you should submit, analyse and present documentary evidence when in civil litigation. Discussing in depth the key principles and problem areas of disclosure you can be sure that nothing is missed.

Provides a comprehensive guide to the principles, obligations and protections of disclosure, legal professional privilege and other aspects of evidence in the form of documents.
Discusses in depth the key principles and problem areas of disclosure, and how to raise, or combat, the available defences against it.
Advises on how to obtain, assess and manage the documents needed and how to identify the key issues.
Analyses the extent of the powers of regulatory or public bodies to obtain or disclose documents. Discusses how the Civil Procedure Rules have changed the position on disclosure in important respects – from pre-action protocols and powers, to objections to disclosure and inspection, to the practicalities and problem areas of CPR disclosure, to the failure and abuse of disclosure obligations.
Sets out the rights of access to documents, including those held by companies, trusts, partners, receivers and agents, as well as access to court documents, and the means by which data can be accessed.
Explains fully the nature of legal professional privilege – what rights different types of privilege provide, their breadth and limits, when and how to claim or waive them.
Describes the issues and obligations of confidentiality, including the development of the 'collateral undertaking', or proscriptions against the misuse of information obtained through disclosure, both prior to and under the CPR.
Discusses how to deal with international elements of a case, such as witnesses out of the jurisdiction, evidence in the jurisdiction for foreign proceedings, discovery proceedings abroad, documentary orders against foreign entities, the powers of and principles applied to by the English court and the application of foreign law.
Authored by a renowned QC Charles Hollander, who provides detailed analysis, practical advice and robust views often derived from cases in which he has been personally involved.


Law and the Internet (3rd edn)
L Edwards & C Waelde (Eds)
Publisher: Hart Publishing
Published: Sep 09
ISBN: 9781841138152
£30.00 Pbk
This is the third edition of a successful book which offers students and practitioners an up-to-date overview of developments in internet law and practice. The editors have once again assembled a team of specialist authors to write about those aspects of internet law which are of special importance in the global regulation of the internet and focussed around three principal themes: e-commerce, intellectual property, and privacy, data protection and cyber-crime with, in addition, a major contribution on internet governance. This edition incorporates for the first time areas such as data protection, privacy and electronic surveillance, cyber crime and cyber security, jurisdiction and dispute resolution online. The section on IP contains clear and comprehensive analysis of the many and varied ways in which IP and the internet intersect including open source licences and the IP problems around search engines. The new edition also takes account of all current cases and legislation, including the draft revised EC Telecoms Package and the Audio Visual Media Services Directive.


Memoirs of a Radical Lawyer
M Mansfield
Publisher: Bloomsbury Publishing
Published: Aug 09
ISBN: 9780747576549
£20.00 Hbk
A radical lawyer with an unparalleled commitment to his clients, driven by anger at injustice and hypocrisy, Michael Mansfield has been tearing down the citadels of arcane legal conventions for more than forty years. Unafraid of rejection or failure, Michael has taken on the most difficult and challenging cases of our times and despite the odds, won plenty. In Memoirs of a Radical Lawyer Michael dissects many of them, revealing his motivations, meticulous approach to forensic science, cross examination techniques, the political dimensions and emotional reactions with clarity, subtlety and charm. Interspersed with personal anecdotes and recollections, this insightful book is liberally laced with Michael’s quirky brand of anarchic humour.

Cases range from the Angry Brigade, the Bradford 12, the Birmingham Six, the Bloody Sunday Inquiry, Angela Cannings, Jill Dando, Ruth Ellis, Dodi Fayed, the ‘Fertilizer’ conspiracy, Iraqi hi-jackers, Stephen Lawrence, Fatmir Limaj (Leader of the Kosovan Liberation Army), the Marchioness Disaster, the Price sisters, the ‘Ricin’ trial, Risley prison riots, Tahira Tabassum, Judith Ward, Arthur Scargill and the miners to the Jean Charles de Menezes inquiry, and many more. Issues of public concern, human rights and innovative attempts to construct a democratic legal system are discussed in full, but Memoirs of a Radical Lawyer also unveils with honesty and wit a man who has put as much passion and energy into his life as his work, one of the great personalities of our time.


The New British Constitution
V Bogdanor
Publisher: Hart Publishing
Published: Sep 09
ISBN: 9781841136714
£17.95 Pbk
The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced.

The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government.

The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in-Parliament, but, instead, as in so many constitutions, from 'We, the People'.

The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it.

The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in The New British Constitution.

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Forthcoming Books



Scots Law

Avizandum Legislation on the Scots Law of Obligations (4th edn)
L Macgregor
Publisher: Avizandum Publishing
Expected Publication Date: 30/09/09
ISBN: 9781904968382
£23.95 Pbk


Avizandum Statutes on Scots Commercial and Consumer Law 2009-2010
R Anderson & M Doris
Publisher: Avizandum Publishing
Expected Publication Date: 30/09/09
ISBN: 9781904968351
£24.95 Pbk


Road Traffic Sentencing Referencer
Publisher: W Green
Expected Publication Date: 31/10/09
ISBN: 9780414017894
£45.00 Pbk
Road traffic offences are frequent and wide ranging with many opportunities to appeal sentencing. The bible for those in need of sentencing guidance has always been the looseleaf Sentencing Practice, edited by Sheriff Nigel Morrison and published by W Green. This same information is now available as the Road Traffic Sentencing Referencer, a paperback book which can be easily taken into court and is affordable for those who don't have access to Sentencing Practice or who would like a separate version of the traffic offences section.

The Road Traffic Sentencing Referencer provides clear and practical guidance on the range of sentences that have been passed for a wide variety of road traffic offences. It contains maximum penalties, sentencing guidelines and case digests provided by Sheriff Frank Crowe. This work gives practitioners easy access to a comprehensive collection of road traffic cases to help assess the range of sentence which might be given for a particular offence. Cases range from dangerous driving to drivers' hours to driving while disqualified.


Scotland's Constitution: Law and Practice (2nd edn)
CMG Himsworth & C O'Neill
Publisher: Bloomsbury Professional (formerly Tottel)
Expected Publication Date: 30/09/09
ISBN: 9781847663184
£44.00 Pbk
The thoroughly revised edition of this popular text concentrates on the Scottish dimension of constitutional law while setting the subject in its UK and European context. The text has been fully updated and includes expansion in the areas of elections, human rights, freedom of information and administrative law with a new chapter entitled Judicial Review and Administrative Justice. This is an ideal text for students, legal practitioners and those working in public law.
Contents: Constitutions and Constitutional Law; Constitutional Law and Constitutional Values; The Scottish Constitutional Context; The UK and Scottish Parliaments; Law-Making Competences for Scotland; The UK Government and the Scottish Executive; Local Authorities and Other Public Bodies; Law-Making Procedures; The Parliamentary Accountability of Government; Public Finance; Courts and the Independence of Judiciary; Public Law Adjudication.


The Scottish Law Diary 2010
Publisher: LexisNexis
Expected Publication Date: 31/10/09
Page-a-Day ISBN: 9781405745666
£47.09 Hbk
Week-to-View ISBN: 9781405745659
£44.79 Hbk
Whatever your organisational needs, the Scottish Law Diary 2010 has them covered.

The first-ever Butterworths Scottish Law Diary, available in two versions (page-a-day and week-to-view), allows you to plan your professional life efficiently and provides you with over 100 pages of useful practice information and essential legal and governmental contacts in Scotland.


The Scottish Parliament: An Introduction (4th edn)
J McFadden & M Lazarowicz
Publisher: Bloomsbury Professional (formerly Tottel)
Expected Publication Date: 31/10/09
ISBN: 9781847662682
£35.00 Pbk
Now in its 4th edition, this well informed book is essential reading for everyone who needs to know how the Scottish Parliament works and what its functions are. Among the areas covered in depth are: the electoral system, the day-to-day operation of the Parliament, the law-making process and relations with Westminster, local government and other public bodies

.

Trusts and Estates in Scotland 2009-10
A Garden & S Mackintosh
Publisher: Bloomsbury Professional (formerly Tottel)
Expected Publication Date: 31/10/09
ISBN: 9781847663467
£45.00 Pbk
Practical and accessible, this brand new annual guide will prove indispensable when starting, running or ending a trust, or dealing with a deceased estate, whilst ensuring you are complying with the law as of 31 August 2008.

It guides you through the complexities of Scotland’s unique trust and estate regime. Worked examples, tax tables and practical commentaries help to illustrate the latest legislation and the key points of practice. The reader will not only fully understand current tax law, but be comfortable applying it to their clients’ trusts and estates.


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UK & EU Law

Bagehot on Music Business Agreements (3rd edn)
N Kanaar & C Phillips
Publisher: Sweet & Maxwell
Expected Publication Date: 31/10/09
ISBN: 9781847039057
£175.00 Hbk
This practical work provides an in-depth explanation of the workings of the music industry and the agreements that hold it together. Including a complete range of specimen agreements, with commentary on their use and implications, it offers clear guidance for all those involved in the negotiation and management of music industry contracts, music company management and agents as well as music business lawyers.

This new 3rd edition takes account of the latest music industry trends and new business models, in both its discussion and precedent material. Its coverage includes the 270 and 360 Degree deal, digital download, internet broadband and G4; and the business of image and personality rights.


Bailment (3rd edn)
N Palmer (Ed)
Publisher: Sweet & Maxwell
Expected Publication Date: 30/09/09
ISBN: 9781847030689
£285.00 Hbk
Providing a comprehensive and magisterial analysis of bailment, Bailment: Analyses a vast range of transactions, covering not only those bailments that are negotiated on a commercial basis but also those that occur without the consent of the owner and those that carry no formal remuneration. Shows the impact of bailment on other fields of civil obligation. Explores the relation between the bailment and possession at large. Captures and interprets all the latest developments covering areas including bailment and limitation periods, insurance, intangible property, the human body and animals as well as transmissible leases of chattels. Provides guidance on litigation and pleading, offering a new chapter on practice and procedure, with expert guidance on the pleading of bailment claims and the machinery of court documents. Covers the common law jurisdictions. Includes commentary on a wealth of case law. Frequently cited in court.


Blackstone's Guide to the Human Rights Act 1998 (5th edn)
J Wadham et al
Publisher: Oxford University Press
Expected Publication Date: 30/09/09
ISBN: 9780199574421
£44.95 Pbk
This new edition of the Blackstone's Guide to the Human Rights Act 1998 provides clear, concise coverage of the operation and application of the Human Rights Act 1998. In a time of uncertainty about the future of human rights in the UK, this edition discusses the successes and failures of the Act and its possible replacement with a Bill of Rights.

The Guide assesses the case law of the European Court and analyzes the impact of Convention rights in landmark domestic judgements across a wide range of areas, including terrorism, privacy, discrimination, and criminal law. It explains the interpretive techniques employed by the courts to read legislation compatibly with Convention rights, and maps the UK and Strasbourg courts' divergence in approach to certain areas of human rights protection. It also highlights the aspects of the Act that the courts have not yet clarified.

The book contains a copy of the Human Rights Act 1998 as amended, the European Convention for the Protection of Fundamental Rights and Freedoms.


Cases in European Competition Policy
B Lyons (Ed)
Publisher: Cambridge University Press
Expected Publication Date: 30/09/09
ISBN: 9780521713504
£29.99 Pbk
Competition between firms is usually the most effective way of delivering economic efficiency and what consumers want. However, there is a balance to be struck. Firms must not be over-regulated and so hampered in their development of innovative products and new strategies to compete for customers. Nor must they be completely free to satisfy a natural preference for monopoly, which would give them higher profits and a quieter life. The economic role of competition policy (control of anticompetitive agreements, mergers and abusive practices) is to maintain this balance, and an effective policy requires a nuanced understanding of the economics of industrial organization. Cases in European Competition Policy demonstrates how economics is used (and sometimes abused) in competition cases in practical competition policy across Europe. Each chapter summarizes a real case investigated by the European Commission or a national authority, and provides a critique of key aspects of the economic analysis.

Written by Europe’s leading competition academics, many of whom advised on the cases featured in the book. Features seventeen different actual European cases, representing a wide range of issues addressed in competition policy. Non-technical and accessible style makes the book suitable for a wide range of readers, including lawyers, practitioners, economics undergraduates and law postgraduates


Conveyancing Handbook (16th edn)
F Silverman (General Editor)
Publisher: The Law Society
Expected Publication Date: 31/10/09
ISBN: 9781853287398
£85.00 Hbk
The 16th edition of this invaluable work has been fully updated to take account of recent developments, including: the new and revised Law Society TransAction forms published in March 2009; amendments to the Home Information Pack Regulations which took effect on 1 April 2009; changes to Land Registry forms made in October 2008 and the proposed introduction of the Land Registry's 'early completion' policy; the Land Registration Fee Order 2009; the latest Practice Notes from the Law Society (including: house competitions, identity evidence for the Land Registry); changes to the Solicitors Code of Conduct and SRA's warning cards; provisions made by the Legal Services Act 2007.

The appendix includes essential extracts from the Law Society's range of Practice Notes, and the SRA's guidance to Rule 3 of the Solicitors' Code of Conduct 2007.


Core Tax Annuals Set 2009-10
Publisher: Bloomsbury Professional (formerly Tottel)
Expected Publication Date: 30/09/09
ISBN: 9781847663351
£134.62 Pbk & CD
Includes: Corporation Tax 2009/10, By Juliana Watterston; Capital Gains Tax 2009/10 By Rebecca Cave, Toby Harris & Iris Wunschmann-Lyall; Income Tax 2009/10 By Sarah Laing; Inheritance Tax 2009/10 By Mark McLaughlin, Toby Harris & Iris Wunschmann-Lyall; Trusts and Estates 2009/10 By Matthew Hutton; Value Added Tax 2009/10 By Andrew Needham & Steve Allen; PLUS a fully searchable CD-Rom containing the text from this year's titles plus content from the previous three years' editions.


Declarations of Trust (4th edn)
C Sanders
Publisher: Sweet & Maxwell
Expected Publication Date: 31/10/09
ISBN: 9780414041196
£70.00 Pbk & CD-Rom
Declarations of Trust provides expert guidance on using declarations of trust to protect clients' interests. It deals with the many different situations in which a declaration of trust can be used, and contains a whole host of precedents which can easily be adapted to the situation at hand. What's more , the work reproduces all the precedents on an accompanying CD-ROM for ease of use and quicker drafting.

The 4th edition is fully updated with all recent property and tax legislation including: New Land Registry forms; Changes to CGT rules; Finance Act 2008 changes to IHT; Changes to Stamp duty and SDLT in FA 2008; Changes in the right to buy rules under Housing Act 2004 (Chapter 4); Changes to the tax treatment of pension schemes from April 2006 (Chapter 5); Companies Act 2006 changes ( Chapter 6).


Directors' Disqualification and Insolvency Restrictions (3rd edn)
A Walters & M Davis-White
Publisher: Sweet & Maxwell
Expected Publication Date: 31/10/09
ISBN: 9781847033338
£180.00 Hbk
Offering specialist commentary and opinion Directors' Disqualification and Bankruptcy Restrictions: Provides background on the CDDA and its impact; Examines the core provisions relating to disqualification for unfit conduct; Considers the commencement of disqualification proceedings and the concept of unfit conduct; Illuminates the application of the CDDA to competition law infringements; Gives guidance on civil disqualification proceedings, including the application process, conduct before and during proceedings, evidence and costs; Discusses commencement of section 6 proceedings out of time; Covers termination without a full trial for civil disqualification cases with particular emphasis on disqualification undertakings; Provides insight into the different grounds of directors disqualification; Includes analysis of the bankruptcy regime and the impact of the Enterprise Act 2002 on directors disqualification; Covers disqualification orders and undertakings; Considers procedure in relation to reviews, variations and appeals; Examines the scope of future business activities for disqualified directors and the law and practice relating to applications by such directors for permission to engage in corporate activity; Reproduces relevant legislation, practice directions and guidelines for easy reference.


Duncan and Neill on Defamation (3rd edn)
B Neill (Consulting Editor)
Publisher: LexisNexis
Expected Publication Date: 30/09/09
ISBN: 9780406178312
£189.00 Hbk
This concise treatise on defamation is both lucid and comprehensive. Statutory developments, including the implementation of the Defamation Act 1996, are incorporated and there is a full discussion of the various cases where aspects of the common law relating to defamation have been examined. Where the law is uncertain, the authors suggest a solution which in their view accords with principle. The scope of the book has been expanded to include coverage of practice and procedure whilst recent developments are fully discussed, including important Court of Appeal decisions and developing areas of practice such as human rights, data protection and the Internet. This is the leading authority on defamation law and as such will be an essential addition to the library of all practitioners specialising in this area.

English Public Law (2nd edn)
D Feldman
Publisher: Oxford University Press
Expected Publication Date: 30/09/09
ISBN: 9780199227938
£195.00 Hbk
First published in 2004, English Public Law has become the key point of reference on English public law for lawyers in the UK and throughout the world. Now in its second edition, the book acts as an accessible first point of reference for practitioners approaching a public law issue for the first time, whilst simultaneously providing a lucid, concise and authoritative overview of all the key areas of public law (constitutional, administrative, human rights, and criminal law) within one single portable volume.

The second edition has been completely updated to take account of all key legislative and procedural changes since 2004, including: the Constitutional Reform Act 2005; recent higher courts' decisions concerning public law and human rights; the Criminal Procedure Rules 2005.

Written and edited by a team of acknowledged experts on English law, the book offers proven reliability and as part of the Oxford Principles of English Law Series, is the companion volume to the second edition of English Private Law edited by Professor Andrew Burrows FBA.

The book is an ideal quick reference for practitioners to fall back on when a client raises a point outside their normal area of expertise as well as for academics, overseas libraries, and practitioners overseas who want a one stop resource on English public law.

A supplement published between editions, will ensure that the book is kept up to date.


European Competition Law: A Commentary
R Bechtold et al (Eds)
Publisher: Hart Publishing
Expected Publication Date: 30/09/09
ISBN: 9781841131351
£215.00 Hbk
European Competition Law is now among the most important branches of European law, and is of considerable importance to business people all over the world, and to lawyers practising in competition (antitrust) law. Much of the law is now directly applicable in the courts of the Member States, and displaces the relevant domestic law. This Commentary covers in detail EC Treaty Articles 81 – 86, Council Regulation No 1/2003 on the implementation of the rules on competition, Six Block Exemption Regulations (namely Commission Regulation (EC) No 2659/2000 concerning categories of research and development agreements, Commission Regulation (EC) No 1400/2002 concerning vertical agreements and concerted practices in the motor vehicle sector, Commission Regulation (EC) No 2658/2000 concerning categories of specialisation agreements, Commission Regulation (EC) No 772/2004 concerning categories of technology transfer agreements, Commission Regulation (EC) No 358/2003 concerning certain categories of agreements, decisions and concerted practices in the insurance sector, Commission Regulation (EC) No 2790/1999 concerning categories of vertical agreements and concerted practices) and EC-Merger Regulation No 139/2004.


Goode on Proprietary Rights and Insolvency in Sales Transactions (3rd edn)
S Mills & R Goode (Eds)
Publisher: Sweet & Maxwell
Expected Publication Date: 30/09/09
ISBN: 9781847033260
£85.00 Hbk


Judicial Review: Law and Practice
F Patterson
Publisher: Jordan Publishing
Expected Publication Date: 31/10/09
ISBN: 9781846611766
£95.00 Hbk
The process of Judicial Review offers claimants the opportunity to challenge the decisions of public bodies that carry out functions of state. Due to the increasing importance of this area, from April 2009 such cases will be heard not only in the Administrative Division of the High Court in London, but also in new Regional Divisions throughout England and Wales.

To coincide with the regionalisation project, Judicial Review: Law and Practice has been written to provide practitioners with a comprehensive introduction to judicial review proceedings. It covers the substantive law of judicial review including grounds of review and remedies, and looks in some detail at practice and procedure specific to such claims.

The largest part of the work is dedicated to individual areas of the law where judicial review is relevant, including town and country planning, community care and social welfare, immigration, housing, mental health, education and licensing. It therefore provides a wide-ranging coverage of administrative law and its niche practice areas including essential procedural rules, forms and guidance issued by the Administrative Court.

Judicial Review: Law and Practice provides both specialist public lawyers and those practising in other areas with the solid guidance that they need in order to take on and manage cases confidently. This know-how is combined with model documents and procedural checklists providing a comprehensive toolbox for practitioners.


London Maritime Arbitration (3rd edn)
C Ambrose, K Maxwell & A Parry
Publisher: Informa Publishing
Expected Publication Date: 30/09/09
ISBN: 9781843118329
£365.00 Hbk
The authors have used their practical experience and extensive legal research to give a clear explanation of how arbitration law works and what factors influence LMAA arbitrators. The book provides a specific guide to maritime arbitration rather than simply a commentary on the 1996 Act; in particular because significant practical issues are not dealt with directly by the Act, for example, confidentiality, freezing orders and anti-suit injunctions.

The third edition has been revised and updated to include: A brand new chapter on mediation; A full introduction to new LMAA Intermediate Claims Procedure (2009); Comprehensive coverage of the new LMAA Terms (2006) and LMAA/Baltic Exchange Mediation Terms (2009); Substantial new case law since last edition, including The Front Comor, Fiona Trust, Emmott v Michael Wilson, C v D; Discussion of new law on anti-suit injunctions and anti-arbitration injunctions; New extended sections on the impact of human rights and competition law.

This book is part of the Lloyd's Shipping Law Library.


Medieval English Conveyances
J M Kaye
Publisher: Cambridge University Press
Expected Publication Date: 31/10/09
ISBN: 9780521112192
£75.00 Hbk
This study of the documents used in medieval England for the creation and transfer of interests in real property is the first book devoted exclusively to the subject since the publication of Thomas Madox’s Formulare Anglicanum in 1702. The transactions covered include grants in fee and in perpetual alms, leases for life and for years, exchanges, surrenders and releases. Analysis of each kind of transaction is partly by way of commentary on the formulae of deeds, selected from the many thousands found in published cartularies and collections, and partly by relating the deeds to the relevant law of their periods, as found in early treatises, decided cases and the Year Books. The aim is to enable readers to identify and categorise deeds accurately, to appreciate their legal effects and to note instances where the practice of conveyancers and their clients differed from what is supposed to have been the law.

Each type of transaction is illustrated by examples taken from original deeds, chosen to illustrate the variations of formula which can be found. The analysis of the deeds involves consideration of a large amount of Year Book learning, very little of which can be found in any modern treatise on land law or on the history of land law. A glossary of legal terms helps readers understand the language in which legal documents, including deeds, were discussed by the courts and by legal writers.


O'Hare & Brown: Civil Litigation (14th edn)
J O'Hare
Publisher: Sweet & Maxwell
Expected Publication Date: 30/09/09
ISBN: 9781847038968
£69.00 Pbk
Enabling you to research, prepare and progress your civil litigation case through the High Court or county courts, O'Hare & Browne: Civil Litigation: Explains how the law and the Civil Procedure Rules work in practice; Takes you through all the stages of an action from start to finish, showing what to do at each stage, and highlighting issues to consider; Deals with all key areas of current practice including costs and funding; Examines the basics of risk assessment in conditional fee cases; Recommends systems and tactics that you can put into place, to help your cases run more smoothly and reach the desired outcome; Offers solutions to the practical difficulties you might experience and suggests the best options where choices have to be made; Gives guidance on drafting statements of case and other documents; Supplies a range of precedents that you can adapt to the situation in hand; Provides examples throughout so that you can be completely clear on what to do; Details the name and number of the relevant court form, enabling you to complete and file the correct ones with the court swiftly; Refers to the Civil Procedure Rules and the White Book commentary, making further research quick and easy to carry out.


Redfern & Hunter on International Arbitration (5th edn)
N Blackaby, C Partasides, A Redfern & M Hunter
Publisher: Oxford University Press
Expected Publication Date: 31/10/09
ISBN: 9780199557189
£135.00 Hbk
Formerly published by Sweet & Maxwell, this leading commentary on international commercial arbitration is both academic and pragmatic, a book for students as well as for arbitrators and lawyers experienced in the field.

Based on the four authors’ extensive personal experience as counsel and arbitrators, it covers the entire arbitration panorama, and provides practitioners with tips and tools on how to avoid common pitfalls in drafting arbitration agreements, conducting proceedings and enforcing awards.

Fully updated, with substantially increased coverage of international case law, in particular from the United States, the new edition is a must-have book for anyone with an interest or practice in the evolving field of international commercial arbitration.


Sealy & Milman: Annotated Guide to the Insolvency Legislation 2009-2010
L Sealy & D Milman
Publisher: Sweet & Maxwell
Expected Publication Date: 31/10/09
ISBN: 9780414041318
£195.00 Pbk (2 vols)
Sealy and Milman has firmly established itself as the authority on insolvency legislation. The new 12th edition:

Provides commentary and clarification on the legal and practical implications of insolvency legislation
Considers both corporate and personal insolvency
Gives you full updates on recent amendments to the acts with commentary on provisions
Bestows expert commentary on case law
Offers clear guidance indexed by case, legislative reference and topic
Includes full coverage of legislative output with significant additional material, which is valuable for everyday practice
Contains those parts of the Companies Act 2006 now in force and covers the new Part 17A in the Insolvency Act 1986
Discusses the new s.176ZA (expenses of winding up, reversing Leyland Daf Ltd [2004]) and associated rules
Reports on the unoccupied business property rating legislation in wake of Trident Fashions
Includes the Civil Proceedings Rules Order 2008

Volume 1 explains on a section-by-section basis, the core legislation on insolvency, including the Insolvency Acts 1986 and 2000, the EC Regulation on Insolvency Proceedings 2000, the Enterprise Act 2002 and the Insolvency Rules 1986

Volume 2 contains additional full annotations on three further pieces of legislation - the Company Directors Disqualification Act 1986, UNCITRAL Model Law on Cross-Border Insolvency and the Cross-Border Insolvency Regulations 2006 - together with the text in full or part, of a selection of statutes, statutory instruments and practice directions.


Social Security Legislation 2009-10 Vols 1-4
D Bonner & I Hooker
Publisher: Sweet & Maxwell
Expected Publication Date: 30/09/09
ISBN: 9780414041158 (Vol 1 Non-Means Tested Benefits)

ISBN: 9780414041165 (Vol 2 Income Support etc)

ISBN: 9780414041172 (Vol 3 Administration etc)

ISBN: 9780414041189 (Vol 4 Tax Credits etc)
£89.00 for each volume Pbk


Wilkinson's Road Traffic Offences (24th edn)
K McCormac (General Editor)
Publisher: Sweet & Maxwell
Expected Publication Date: 30/09/09
ISBN: 9781847035714
£319.00 Hbk
Explains the law, legal principles and procedure of road traffic offences to show both what the law is and how to proceed with prosecuting or defending a case. Sets out the basic principles and clarifies key terms. Covers specific offences chapter-by-chapter ensuring relevant information is easy to find. Follows through to sentencing and appeals, covering every aspect in chronological order. Sets out the implications of legislative and case law developments. Goes through typical and unusual situations and provides advice on the law relating to them. Provides easy access to core statutory and related primary materials, with annotation to clarify complex areas. Gives full consideration to the Sentencing Guidelines Council's revised Magistrates' Court Sentencing Guidelines as regards each road traffic offence. Covers the newly in force 'causing death by driving' offences and the Sentencing Guidelines Council's definitive sentencing guideline applying to them. Analyses recent cases including DPP v King (2008) (meaning of 'motor vehicle') and Al-Khawaja and Tahery v United Kingdom (2009) (hearsay). Sets out the latest statutory developments including Criminal Justice and Immigration Act 2008; Finance Act 2008; Transport for London Act 2008; and Local Transport Act 2008.


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