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An Archive of Previous Newsletters

Customer Newsletter No 21 July 2011

Welcome to the 'summer' issue of the Newsletter! At any rate we hope there will be some summer in Scotland.

Coming up in August are the new edition of Conveyancing by Kenneth Reid and George Gretton; and the new edition of Anton's Private International Law, prepared by Paul Beaumont and Peter McEleavy.

In July Greens publish a new title: Scottish Debt Recovery - A Practical Guide by Stephen Cowan. The book takes account of the amendments to the Debtors (Scotland) Act 1987 made by the Bankruptcy and Diligence etc (Scotland) Act 2007 and will be the most up-to-date and practical guide to the subject.

Lastly, don't forget to order the new Scottish Law Directory Fees Supplement which comes out in July!

All the books featured in the Newsletter are available to buy or order from Avizandum. You can do so via the website or just phone us.

Have a good summer (when it comes)!

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 (12ed) Supplement 1
C Walton
Publisher: Sweet & Maxwell
Expected Publication Date: Sep 11
ISBN: 9780414047747
£65.00 Pbk

 


Scammell and Densham's Law of Agricultural Holdings (9ed) Supplement 1
P Williams et al
Publisher: LexisNexis
Published: May 11
ISBN: 9781405744935
£65.00 Pbk

 

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New Books Available Now

Scots Law

 

Family Law in Scotland (6th edn)
J Thomson
Publisher: Bloomsbury Professional
Published: May 11
ISBN: 9781847665607
£44.00 Pbk

This is a well-established, clear and comprehensive survey of Scots family law – of practical use to practitioners and students alike.

Topics are laid out in a clear logical manner covering the formalities and legal consequences of marriage and civil partnership, divorce and dissolution, and important issues relating to children, such as parental rights and responsibilities, protection and adoption.

The sixth edition includes all recent legislative changes including the Adoption and Children (Scotland) Act 2007.

 


The Scottish Law Directory: The White Book 2011 (120th edn)
LexisNexis Editorial
Publisher: LexisNexis
Published: May 11
ISBN: 9781405755801
£75.95 Hbk
The Scottish Law Directory 2011 includes the latest list of certificated solicitors, published with the authority of the Law Society of Scotland. It is the most widely used source for anyone seeking information about legal services in Scotland.


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UK and EU Law

Blackstone's Guide to the Freedom of Information Act 2000 (4ed)
J Wadham et al
Publisher: Oxford University Press
Published: May 11
ISBN: 9780199692217
£52.95 Pbk

The new edition of this popular Blackstone's Guide provides a comprehensive overview of the Act, combined with comment and analysis on the effect of the legislation. It incorporates and discusses the case law and decisions emerging from the Information Commissioner, Information Tribunal/First-tier Tribunal, and the High Court, including Her Majesty's Treasury v ICO, British Union for the Abolition of Anti Vivisection v Home Office and ICO, and Home Office and MOJ v ICO, as well as relevant decisions of the Scottish Information Commissioner. It also includes analysis of the replacement of the Information Tribunal by the First-tier Tribunal (General Regulatory Chamber) and the Upper Tribunal.

Up-to-date with all changes since the publication of the previous edition, and containing a fully updated copy of the Act, this Blackstone's Guide is an essential purchase for all those involved in receiving requests for access under the Act.

 


British Nationality Law (3ed)
L Fransman
Publisher: Bloomsbury Professional
Published: May 11
ISBN: 9781845920951
£295.00 Hbk

 

The leading authority on British nationality law, Laurie Fransman QC, has released a new edition of his ground-breaking and innovative work – Fransman’s British Nationality Law. This pre-eminent work provides clear and authoritative guidance on the law concerning the meaning of British nationality, who has British nationality and how British nationality is acquired and lost. This is a 'must-have' book for all those involved in nationality law and related immigration and human rights issues. In-depth discussion combined with expert commentary of the highest standard, make this an essential reference source for all practitioners in this field.

The fully revised and updated third edition firmly establishes this text as the undisputed, definitive work on British nationality law. All the legislation you need is covered in detail including: The British Overseas Territories Act 2002; The Nationality Immigration and Asylum Act 2002; The Borders Citizenship and Immigration Act 2009; Contains both current naturalisation law and the temporarily shelved ‘Earned Citizenship’ provisions (BCIA 2009 ss39-41); Also sets out related EU law.

As no new primary legislation is being considered for the foreseeable future, this is the ideal time to invest in this authoritative resource which will be indispensable for years to come.

 

Promises and Contract Law: A Comparative Perspective
M Hogg
Publisher: Cambridge University Press
Expected Publication Date: July 11
ISBN: 9780521193382
£85.00 Hbk

Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.

 


The Dog Law Handbook (2ed)
P Clayden (Ed)
Publisher: Sweet & Maxwell
Published: May 11
ISBN: 9780414048188
£60.00 Pbk

A practical guide which draws together the considerable and diverse body of law relating to dogs and their activities. The first section of the work comprises a narrative summary of the law. This is followed by sections containing the fully annotated, consolidated text of relevant primary and secondary legislation and government circulars.

Aimed at all of those whose work involves them with dog law, including local authority dog wardens and legal departments, and the police, as well as organisations such as kennels and dog clubs.

 


The Law of Industrial Action and Trade Union Recognition (2ed)
J Bowers QC et al
Publisher: Oxford University Press
Published: May 11
ISBN: 9780199589623
£95.00 Hbk

The law relating to industrial action and trade union recognition is complex and rapidly moving. This new edition of The Law of Industrial Action and Trade Union Recognition provides a new and updated analysis of this difficult and technical area of law.

This edition offers comprehensive coverage of all aspects of bringing and defending recognition claims and industrial action injunctions to ensure that nothing is missed when planning a case. It includes full coverage of trade union recognition, employment protection rights, deductions from pay, and the impact of the Human Rights Act 1998 on strikes and picketing. It also contains step-by-step guidance and forms and precedents to assist practitioners when negotiating and drafting documents. The new edition is completely up-to-date with all changes brought in by amendments in 2005 to the Trade Union and Labour Relations (Consolidation) Act 1992, and the Employment Relations Act 2004. It also covers all recent case law including the decision in BA, Gate Gourmet Metrobus, cases from the European Court of Human Rights, and decisions from the Central Arbitration Committee. Written by a team of expert barristers, it provides an essential source of reference to all involved in this area.

 


The Law of Passing-off: Unfair Competition by Misrepresentation (4ed)
C Wadlow
Publisher: Sweet & Maxwell
Published: May 11
ISBN: 9780414042322
£285.00 Hbk

The only specialist practitioner's reference work dealing with the common law torts of unfair competition by misrepresentation, namely passing-off and injurious falsehood.

Clear and logical structure which follows the “Classical Trinity” of goodwill, damage, and misrepresentation; Structured treatment of misrepresentation in three separate chapters covering general principles, actionable misrepresentations, and misrepresentations conveyed by distinctive signs; Integrated treatment of the law of malicious falsehood in a competitive context; Introduction and account of the place of passing off in European and international law; Chapters on defences under European and national law, including the European Convention on Human Rights, and on remedies and enforcement; Comprehensive coverage of case law from the UK and major Commonwealth jurisdictions.

New to this Edition: Full treatment of all important developments on passing off in recent decided cases: Passing off by generic misdescription - Diageo v Intercontinental Brands; Goodwill and overseas service businesses - Hotel Cipriani; Assignments of goodwill - Newman v Adlem; Liability for injurious falsehood - Ajinomoto v Asda; Liability for unfair competition - L'Oreal v Bellure.

 


Sealy & Milman Annotated Guide to the Insolvency Legislation (14ed) - Set
L Sealy & D Milman
Publisher: Sweet & Maxwell
Published: May 11
ISBN: 9780414048119
£230.00 Pbk (Set of 2 vols)

The authority on insolvency legislation. The new 14th edition: Provides annotated commentary and clarification on the legal and practical implications of the latest insolvency legislation; Additional statutes and regulations have also been reproduced, so all the information needed is in one reliable source; Incorporates both corporate and personal insolvency law and case law; Covers the relevant parts of the Tribunal, Court and Enforcement Act 2007, providing a better understanding of recent reforms in personal insolvency particularly the Debt Relief Order; Volume 1 contains in-depth explanations on the main core legislation, including the Insolvency Acts 1986 and 2000, the Enterprise Act 2002 and the Insolvency Rules 1986; Volume 2 covers the Company Directors Disqualification Act 1986, the still relevant provisions of former Pt II of the Insolvency Act 1986 and Pt 2 of the Insolvency Rules 1986, EC Regulation on Insolvency Proceedings 2000, the UNCITRAL Model Law on Cross-Border Insolvency, the Cross Border Insolvency Regulations Act 2006 with full annotation. Many other statutes and statutory instruments (or extracts there from) relevant to insolvency reproduced; Appendices include such practical matters as insolvency and related Practice Directions.

 


Tax Planning for Farm and Land Diversification (3ed)
J Butler
Publisher: Bloomsbury Professional
Published: June 11
ISBN: 9781845924850
£95.00 Pbk

Examines traditional farming and diversification in the light of tax and planning procedures. Explores the current trend to diversify away from pure food production, and the turn toward alternative land use for the purpose of profitable enterprise. It also covers forms of tax planning that are necessary to cope with the upheavals facing all those in farming communities.

This new edition shows you how to protect the high value of farms and landed estates through the process of diversification, and how to handle the rollover of gain, from the sale of a business, into a farm or estate.

Every chapter of Tax Planning for Farm and Land Diversification has been updated to take in the numerous changes in agriculture since the previous edition.

This well-timed third edition is up to date to all relevant legislation and covers: CGT reforms and further changes in the coalition budget; The change from Business Asset Taper Relief to Entrepreneurs’ Relief; The move away from production based subsidies to area based subsidies; Single Farm Payment and the agricultural reviews; Biodiversity and farm gate – including the commercial and tax implications; The behaviour-based penalty system associated with income tax, CGT and inheritance tax; HMRC’s close scrutiny of all diversified businesses; Coverage of trusts updated to Finance Act 2006, Finance (No 2) Act 2010 and Perpetuities and Accumulations Act 2009; References to the most recent Planning Guidance changes and the new ‘localism’ agenda of the Coalition Government.


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Forthcoming Books

Scots Law

Anton's Private International Law (3ed)
PR Beaumont & PE McEleavy
Publisher: W Green
Expected Publication Date: Aug 11
ISBN: 9780414013452
£155.00 Hbk

Now in its 3rd Edition this is the most comprehensive work on private international law in Scotland, 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. The subject area has been comprehensively reformed in recent years due to the process of European harmonisation. The Brussels I, Brussels IIa, Rome I, Rome II and Maintenance Regulations, as well as associated case law, are considered in detail with particular attention to the impact on Scots law. The recent work of the Hague Conference on Private International Law is equally evaluated, most notably the Conventions on Maintenance, Choice of Court, Protection of Adults, Protection of Children and Inter-country Adoption. In analysing European and global instruments, the authors have drawn on their experience of participating in the negotiation processes in Brussels as well as their involvement with the Hague Conference.

FIVE REASONS WHY YOU NEED THIS BOOK: This is the most detailed and up-to-date text on this complex and changing area of law; Provides expert guidance on the significant transformation of the law due to EU harmonisation; Tackles issues relating to private international law from a distinctly; Scottish perspective; Covers EU Regulations: Brussels I, Brussels IIa, Rome I, Rome II and the Hague Conventions on Inter-country Adoption, Protection of Children, Protection of Adults, Choice of Court Agreements and Maintenance; Published under the auspices of the Scottish Universities Law Institute – fully refereed by experienced Academics to ensure the highest level of quality and insight.

 


Conveyancing (4ed)
GL Gretton & KGC Reid
Publisher: W Green
Expected Publication Date: Aug 11
ISBN: 9780414017610
£81.00 Hbk

For many years now, Gretton & Reid’s Conveyancing has been the go-to text for those requiring guidance in this fast-moving area of law.

Much has happened since the last edition in 2004. Law and practice have had to adapt to the huge changes introduced by the new legislation on land tenure and tenements, and a substantial case law has developed.

Among other changes of significance are the introduction of ARTL and the Development Management Scheme, the spread of standard missives, the arrival of home reports, and the transformation of the rules for enforcing heritable securities.

FIVE REASONS WHY YOU NEED THIS BOOK: Offers the most up-to-date account of conveyancing in Scotland – be certain that you are working with accurate information; Carefully analyses recent case law – showing how new legislation is working in practice; Combines an academic and practical view – providing an in depth insight with practical application; Guides you through the full conveyancing transaction – allowing you to work quickly and confidently; Explores specialities such as post settlement claims, executry conveyancing, judicial rectification, Land Tribunal applications, special destinations and more – providing the answers to the most obscure questions.

 


Criminal Procedure (Scotland) Act 1995 (10ed)
RS Shiels & I Bradley
Publisher: W Green
Expected Publication Date: Aug 11
ISBN: 9780414018419
£90.00 Pbk
Important updates for 2011 include amendments to the 1995 Act by: Criminal Justice and Licensing (Scotland) Act 2010 (up-to-date to the 8th Commencement Order (SSI 2011/178)); Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010; Sexual Offences (Scotland) Act 2009.

The Criminal Procedure Rules have been updated including amendments to statutory forms, incorporating: Act of Adjournal (Criminal Procedure Rules Amendment No 4) (Miscellaneous) 2010; Act of Adjournal (Criminal Procedure Rules Amendment No 3) (Scottish Criminal Cases Review Commission) 2010; Act of Adjournal (Criminal Procedure Rules Amendment No 2) (Presentation of Conviction Appeals in Writing) 2010.

 


A Guide to Human Rights Law in Scotland (3ed)
The Hon Lord Reed & J Murdoch
Publisher: Bloomsbury Professional
Expected Publication Date: Sep 11
ISBN: 9781847665560
£85.00 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 include: 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

 


Scottish Debt Recovery: A Practical Guide
S Cowan
Publisher: W Green
Expected Publication Date: July 11
ISBN: 9780414018211
£60.00 Hbk

Debt recovery is a growing area of legal practice. Important new legislation – the Debtors (Scotland) Act 1987 as amended by the Bankruptcy and Diligence etc (Scotland) Act 2007 – has created the need for an up-to-date narrative guide on the subject. This is a practical concise guide to debt recovery, covering pre-legal collections; the utilisation of the court process to enforce judgment as well as reviewing the insolvency process all in one essential volume.

This important new book is written in practical language and clearly set out, allowing you to find the answers you need quickly and confidently. Stephen Cowan examines the key issues relevant to debt collection in Scotland including consequences for the creditor; trust deeds; company insolvency; the operation of the Debt Arrangement Scheme and the likely financial benefit for creditors. The practical implications are also covered including pre-legal debt recovery and debtor information.

Five key areas covered witvin the text: Using litigation for the purposes of debt recovery and issues arising in the event of the action being defended; Pre-decree remedies which can be employed to recover debt; The enforcement of the decree and the various diligence steps required; Jurisdiction and the conflict of laws in debt recovery – how certain rules can be used to the creditor’s advantage including the recognition and enforcement of decrees of UK judgments and judgments of states within the European Economic Area; The Office of Fair Trading’s Debt Recovery Guidance.

 


The Scottish Law Directory Fees Supplement 2011
LexisNexis Editorial
Publisher: LexisNexis
Expected Publication Date: July 11
ISBN: 9781405758093
£27.50 Pbk
The Scottish Law Directory Fees Supplement 2011 consolidates all the revisions to fee rates up to May 2010 and includes solicitors' fees; solicitors' outlays; expenses of party litigants, stamp duties and tax rates.

 


Scottish Planning Law (3ed)
R McMaster & J Watchman
Publisher: Bloomsbury Professional
Expected Publication Date: Sep 11
ISBN: 9781845927790
£50.00 Pbk

A comprehensive and accessible guide to a constantly changing and complex field. The new edition has been updated throughout to take full account of all significant developments in recent planning law, including the Planning etc (Scotland) Act 2006, and a wealth of new case law.

This highly regarded work is an ideal reference book for practitioners in the disciplines of planning, surveying and law as well as students in these disciplines.


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UK & EU Law

Beswick & Wine: Buying and Selling Private Companies and Businesses (8ed)
S Singleton
Publisher: Bloomsbury Professional
Expected Publication Date: Aug 11
ISBN: 9781847666987
£126.50 Pbk & CD-Rom

The 8th edition of this well established book adopts a practical approach, considering both the vendor’s and seller's perspective and providing the practitioner with a step-by-step guide to all the legal, taxation and commercial issues involved in buying and selling private companies and businesses. It includes check-lists, draft enquiries, letters of disclosure and a specimen completion agenda, together with an accompanying free disk containing all the precedents in the work.

New for this edition: Legislative and case law changes relating to buying and selling businesses; Full implementation details of the new Companies Act in late 2008; Objection to Company Names; Corporate directors and under-age directors; Provisions relating to the directors’ ‘conflicts of interest duties’; Share capital reduction - solvency statement route; Repeal of the restrictions on financial assistance for acquisition of shares in private companies; Changing Articles of Association; Tax law changes and latest rates.

 


 

Butterworths Company Law Handbook 2011 (25ed)
K Walmsley
Publisher: LexisNexis
Expected Publication Date: Aug 11
ISBN: 9781405757522
£83.00 Pbk

Published annually, Butterworths Company Law Handbook is widely regarded as the essential company law reference work, setting out the relevant texts of the most important statutes, statutory instruments and European legislation. Known to many as 'the Blue Book', it also provides comprehensive coverage of the legislation governing partnerships.

The legislation is printed as currently in force (taking into account all amendments, repeals and revocations), with cross-references to other legislation and to commencement tables and fees and forms tables where necessary. It includes technical annotations as to amendments, savings, transitional provisions and subsidiary regulations.

An essential reference source for corporate lawyers, accountants, company secretaries, tax advisers, regulators and students.

 


EU Law for UK Lawyers (2ed)
A O'Neill
Publisher: Hart Publishing
Expected Publication Date: Sep 11
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 students and 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 and also contains a full treatment of EU equality law.

 


The Internet and the Law
K Rogers
Publisher: Palgrave Macmillan
Expected Publication Date: July 11
ISBN: 9780230235670
£25.99 Pbk

A concise and highly readable account of the legal and regulatory considerations presented by the growth of the Internet, and in particular the areas of e-Commerce, Data Protection and e-Crime.

CONTENTS: Internet Infrastructure; Online Contracting; Distance Selling; Online Payment, Gambling and Taxation; Online Marketing; Jurisdiction and Choice of Law; Data Protection; Freedom of Expression and Defamation; Web 2.0 and Social Networking; Internet Crime and Other Computer-Related Offences; Online Pornography and Cyber-harassment.


 

 

Redundancy: The Law and Practice (3ed)
J McMullen
Publisher: Oxford University Press
Expected Publication Date: July 11
ISBN: 9780199544172
£75.00 Hbk

Redundancy: The Law and Practice explores redundancy law from a practical but also authoritative and analytical standpoint. Containing sections on redundancy payments, unfair dismissal, and collective redundancies, as well as a number of practical tools, the book is an invaluable resource for practitioners working in the area.

Now in its third edition, the book has been fully revised and extended to accommodate the extensive changes in legislation that have been implemented since the publication of the second edition in 2001.

It analyses the wealth of recent case law and legislative changes, particularly with reference to unfair dismissal, discrimination, collective consultation and voluntary severance arrangements.

 


Tolley's Discrimination in Employment Handbook (2ed)
S Gregory & E Temperton
Publisher: LexisNexis
Expected Publication Date: July 11
ISBN: 9780754538851
£99.00 Pbk

 

An authoritative, comprehensive, user-friendly text on all areas of discrimination in one portable handy book.

Taking a highly practical approach, this handy text provides important guidance in this fast-growing area, including analysis and commentary on new employment legislation.

Written by a respected team of barristers and solicitors, the book not only provides in-depth coverage and practical advice, but also identifies pitfalls and gives tips to avoid them.

 


Tolley's Employment Handbook (25ed)
E Slade
Publisher: LexisNexis
Expected Publication Date: July 11
ISBN: 9781405757553
£115.00 Pbk

 

Written in a clear, highly accessible style, covering every aspect of employment law, Tolley's Employment Handbook is designed to assist you with every query you may have on routine subjects, such as maternity benefits and recruitment, and to provide expert guidance on more sensitive areas of the law such as sex discrimination and redundancy.

The 25th edition is up-to-date with all recent changes in employment law and will help you understand exactly how these developments affect you, your company, your employees or your clients.

 

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