Videos uploaded by user “Phillip Taylor”
The Law of Proprietary Estoppel
BOOK REVIEW THE LAW OF PROPRIETARY ESTOPPEL By Ben McFarlane Oxford University Press ISBN: 978 0 19 969958 2 www.oup.com THE RENAISSANCE OF PROPRIETARY ESTOPPEL: A TIMELY EXAMINATION AND OVERVIEW - WITH A FOREWORD BY LORD NEUBERGER An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers If even for seasoned practitioners, the term 'proprietary estoppel' seems betimes arcane, rest assured it isn't: at least not anymore. As Lord Neuberger's foreword reminds us, 'primary estoppel' has had 'a remarkable renaissance' after having lain virtually dormant for much of the preceding century so the book is most welcome for 2014. 'Proprietary estoppel,' says Neuberger 'sprang back to life less than 50 years ago in two decisions of the Court of Appeal in which the court was seemingly unaware, according to Neuberger, that it was indeed relying on proprietary estoppel. Since then, many cases involving this legal concept have emerged, including three in the last 10 years. Time then for this timely work of reference on the subject authored by Ben McFarlane and published recently by the Oxford University Press. It is wide-ranging, detailed and an excellent analysis of this emerging, or actually, re-emerging area of law. Practical, reassured, balanced and readable, 'the book will be much relied upon,' says Neuberger, 'by practising lawyers and judges.' If ever you as a practitioner have cause to feel that all too familiar frisson of fear in court when 'proprietary estoppel' raises its head, you need fear no longer; not when you have this reassuringly erudite book to hand. As 'proprietary estoppel' is a multi-faceted concept, the book demonstrates how and why this is so. The concept has three strands: the acquiescence-based strand... the representation-based strand... and the promise-based strand, any or all of which might, or can be applied to issues that frequently concern land or chattels, although not necessarily. McFarlane makes frequent reference throughout the text to 'Thorner v Major' which 'serves a useful purpose in outlining the basic form of the doctrine. Lord Walker, in this particular case, stated the 'scholarly consensus' that proprietary estoppel: 'is based on three elements... a representation on assurance made to the claimant; reliance on it by the claimant; and detriment to the claimant in consequence of his (reasonable) reliance'. Or, to over-simplify all this, 'a promise made is a debt unpaid' as the Scots Canadian banker, Robert Service wrote over a century ago in his best-selling verses about the dodgy goings-on during the Klondike gold rush. Proprietary estoppel, notably the promised-based strand, would have come in pretty handy in those far- off days had it been more widely understood and applied at the time. Over a century on, the relatively swift evolution of the law of proprietary estoppel is reflected in this book, which seeks to consider, explain and contribute to the emerging commentary on proprietary estoppel. All aspects of the subject are covered, including remedies, and the wider legal context. Logically structured, with numbered paragraphs, copious footnotes and extensive tables of legislation and cases, this reliable and authoritative practitioner's reference should certainly be in every practitioner's library. The law has been stated as of 31 July 2013.
Views: 3302 Phillip Taylor
Assessment of Parent Within Care Proceedings Long clip
BOOK REVIEW ASSESSMENT OF PARENTS WITHIN CARE PROCEEDINGS By Gemma Farrington and Simon Johnson ISBN: 978 1 84661 875 8 FAMILY LAW/ JORDANS www.familylaw.co.uk Available as an eBook at www.familylaw.co.uk/ebooks TOWARD ASSURING FAIR ASSESSMENT OF PARENTS WITHIN CARE PROCEEDINGS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This is a new title from Jordan Publishing’s Family Law imprint and as such, is a detailed guide to this especially difficult area of the law. The germ of the idea for producing this book emerged from a conversation between its two authors, Gemma Farrington and Simon Johnson while they were waiting for their case to be called on. It was a case involving care proceedings which required an application for a direction that an assessment of the couple should be made by an independent social worker. You can infer from this and correctly that both authors, experienced barristers, have had considerable experience in dealing with such cases, arguing either for or against the making of such directions. Their practical experience incorporated in this book will be of immense help to practitioners dealing with this area of law. The stated aim of the book is to provide practical help to lawyers and other professionals dealing with childcare proceedings and with the assessment of parents. The book focuses on applications for orders pursuant to Children Act 1989 s 38(6), although other types of assessment are also discussed. The authors offer up the quite startling statistic that in 2011 -- a typical year -- applications for care orders were made that involved 29,492 children, adding the assertion by the state that each of these children was ‘suffering, or… likely to suffer, significant harm’. If the court agreed that this was what was happening, referring to a ‘threshold’ for state intervention, a care or supervision order was required to be made. The process resulted in 2011 in 15,947 of such orders being issued. The book obviously goes into further and necessary detail, but these statistics alone do indicate the grim reality. As the authors also point out, the Supreme Court and the Court of Appeal have only recently re-emphasised the gravity of the decisions that face courts when dealing with child care cases. Such cases inevitably generate a tension, say the authors, between the wish of parents to have their parenting fairly assessed and the imperative need of children for the earliest possible decisions about their future. The addition of this book to the legal literature is timely in that it offers a practical guide to the making and opposing of assessment applications. It gives advice on how to prepare and manage a case involving such applications and provides an authoritative account of current guidance from the appellate courts on the circumstances in which assessments can or cannot be ordered. Family lawyers in particular will appreciate this clear, detailed and thorough overview of procedures and practice in this especially sensitive area of the law. The publication date is cited as at January 2014.
Views: 1654 Phillip Taylor
The Rotterdam Rules: A practical annotation
BOOK REVIEW THE ROTTERDAM RULES: A PRACTICAL ANNOTATION By Yvonne Baatz, Charles Debattista, Filippo Lorenzon, Andrew Serdy, Hilton Staniland, Michael Tsimplis ISBN: 978-0-84311-824-4 Informa Law, London AS THE OLD ORDER CHANGETH AT SEA... ENTER THE ROTTERDAM RULES An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The activity of transporting goods by both land and sea for purposes of trade has been with us probably since the Stone Age. But what changes have been wrought since then, obviously, in marine technology (oar to sail, to steam, and so forth), extended trade routes and developments in methods of navigation and communications worldwide. A gradual evolution has also taken place in the regulatory environment governing shipping. Part of this evolution has been the recent emergence of "The Rotterdam Rules". To give them their full title, The Rotterdam Rules, comprise 'the Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea - The Rules cater for transport which includes both land and sea. Opened for signature in September 2009, The Rotterdam Rules represent what has been called 'the most comprehensive overhaul of the law of carriage of goods by sea in more than fifty years' -- an overhaul, we would add, that is probably a bit overdue, for at least two reasons, as the authors point out. The first is the gigantic increase in container traffic -- and secondly, the now almost universal use of 'electronic means of communication', particularly in the issue and transfer of bills of lading. Powers for accommodating electronic transport documents were actually provided by the Carriage of Goods by Sea Act 1992, but these powers remain unused. It's in response to such realities that The Rotterdam Rules have been developed As pointed out by the authors of this thorough and scholarly book, the Rotterdam Rules have not yet been fully adopted by the UK government (Labour, prior to May 2010,) or even internationally. They imply, however, The Rotterdam Rules will eventually supplant, or at least supplement the Hague-Visby Rules which have served shipping perfectly well for over 30 years, but which are now 'beginning to show their age.' This book is indeed 'a practical annotation' of The Rotterdam Rules, providing a thorough and minutely detailed commentary on their highly complex 96 articles and indicating throughout the various means by which The Rotterdam Rules compare with, or depart from the Hague-Visby Rules, which still remain the instrument covering most bills of lading. How interesting, then, that the term 'bill of lading' does not appear in the definition of 'contract of carriage' in the Rotterdam Rules. Vanished, obliterated, rendered extinct, the old familiar 'bill of lading' has been replaced 'to accommodate the wider concept of a "transport document" and/or "electronic transport record".' The Rotterdam Rules, say the authors have 'moved on from the smaller world of the Hague-Visby Rules' in response, no doubt, to the necessities of global business and modern communications. If you're a maritime lawyer, this formidable work of reference is essential reading, as it should be for anyone affected -- or potentially affected -- by the new Rules, including solicitors, barristers, claims handlers and in-house legal advisers. Part of the Maritime and Transport Library, it contains copious Tables of Cases, International Conventions, Statutes, Legislation and European Legislation. Certainly it contains the authoritative content you need to expand your understanding of the Rotterdam Rules and advise your clients accordingly.
Views: 1685 Phillip Taylor
P&I Clubs Law and Practice
BOOK REVIEW P & I CLUBS LAW AND PRACTICE Fourth Edition By Steven J. Hazelwood and David Semark ISBN: 978-1-84311-881-7 Lloyds List, London A TIMELY WORK FROM LLOYD'S LIST: FOR ALL INVOLVED IN PROTECTION AND INDEMNITY INSURANCE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers If you're professionally involved in the world of shipping, transport and maritime law, whether practitioner, student or academic, you would do well to add this invaluable work of reference to your library. The P & I Club may be called a mutual insurance association, 'mutually insuring ships which belong to their members'. The definition is that P & I covers 'protection' and 'indemnity' and "is an association of commercial ship owners and charterers and other associated parties, which provides protection against a number of risks inherent in industrial ship operation". As the authors point out, it was the unsatisfactory state of the marine insurance market, roughly toward the end of the 18th century and beginning of the 19th, that led to 'groups of shipowners...associating together to insure their hull risks between themselves on a mutual basis'. Generally and without going into the detail provided in this fascinating book, these 'clubs' gradually evolved from hull clubs and proliferated to insure members against marine risks not covered by the traditional markets. Also, it seemed that the clubs proved less costly for shipowners than insuring through Lloyd's or with companies. Not only where these clubs insurance concerns, they were also, to cite the authors' quote from Frank Ledwith's 'Ships that Go Bump in the Night': "places where men of the sea pooled their difficulties and where help, both financial or otherwise was given in sorting things out." From these fraught, but rather likeably matey beginnings, modern P & I Clubs gradually evolved. Times have changed since then, ships have changed, but the dire necessity of protecting expensive and vulnerable investments has not. This book in this its fourth and latest edition builds on Steven Hazelwood's original text last revised in 1999 -- the result of what is rightly described as the 'herculean task of writing a standard reference work from scratch, on a subject lately ignored by the authors of a texts on marine insurance.' The book offers up a wealth of information and insight in this specialist subject, including detailed examination of the structure of the modern P & I Club ...the member's duty to sue and labour...the 'pay to be paid' rule...defence cover...and P & I Club reinsurance, to name only a few examples. In this scholarly and readable work, you'll find the expected and useful research tools, namely extensive tables of cases and legislation, a detailed index and three appendices, including a lengthy Appendix I containing at least two dozen recommended clauses, covering everything from strikes, stowaways and war risks to the aptly named 'Both-to-Blame Collision Clause. Following David Semark's comment in the Preface that the financial crisis of 2008/2009 has led to a new interest in the benefits of mutualism, the time to acquire this book is now, especially with the growing awareness on the part of regulatory authorities of the important role played by P & I Clubs.
Views: 4053 Phillip Taylor
The UK Tax System:  An Introduction
BOOK REVIEW THE UK TAX SYSTEM: AN INTRODUCTION 3rd Edition By Malcolm James ISBN: 978 1 90744 499 9 SPIRAMUS PRESS LIMITED www.spiramus.com A MOST WELCOME SHORT STATEMENT ON HOW THE TAX SYSTEM WORKS IN THE UNITED KINGDOM An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Accountancy expert, Malcolm James, has produced a most welcome third edition of his established work “The UK Tax System: An Introduction” for the general public and specialists to read. The publishers, Spiramus Press, always provide us with an excellent service for practical and professional titles covering tax, accountancy, finance and the laws relating to the running of a business. In our view, this guide is one of the most successful paperbacks they have published in recent years for a wide readership. The book is easy to understand and well laid out. It will appeal to a wide range of people from the general reader to the practitioner who wish to refresh their knowledge with a contemporary overview of the entire tax system as it stands in 2016 prior to any changes arising from the United Kingdom’s decision to leave the European Union. It provides a guide to the structure of the UK tax system in 18 simple chapters and just over 100 pages giving a quick tour of the basic rules. James describes in his introduction “the interaction between UK and EU law, and its application to various classes of taxpayer, as well as explaining the roles of the government departments who administer it and the full range of taxpayers’ rights and obligations”. And a very good job he makes of it, too! James is a Senior Lecturer in Accounting and Taxation at Cardiff Metropolitan University, Cardiff and he has lectured widely on the subject of taxation on both professional and undergraduate courses so he comes to the subject with a great deal of authority and knowledge. He has also lectured for the Chartered Institute of Taxation and written a number of articles for their journal “Tax Adviser”. James contributes regularly to tax publications such as Lexis Nexis and CCH. Before becoming a lecturer he worked for several large firms of accountants and also in industry so he brings a very common-sense approach to what is a difficult subject. This third edition has expanded the treatment of tax anti-avoidance. The book is aimed at those studying the UK tax system, or advising on UK tax, from the experienced practitioner to the newly-qualified professional coming to tax advice for the first time, as well as being an ideal introductory text for any students of the legal system or government. We are really delighted that the new edition has now been published because the taxation system, like the legal system, must be considered with the most up-to-date information available. What is particularly helpful about this new work is the way in which the author covers complex issues in an eminently readable way for practitioner, adviser or lay person to follow but always be sure to obtain to most recent copy! The book reflects the law as it stands on 1st July 2016.
Views: 1890 Phillip Taylor
The Devil's Advocate  3rd edition
BOOK REVIEW THE DEVIL’S ADVOCATE A spry polemic on how to be seriously good in Court Third edition By Iain Morley QC SWEET & MAXWELL THOMSON REUTERS ISBN: 978 0 41402 322 2 www.sweetandmaxwell.co.uk GREAT FOR BAR SCHOOL AND SHOULD BE COMPULSORY READING FOR ALL COURT ADVOCATES An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Well, he’s done it again with this superb third expanded version and, at double the length (but not cost) the book reminds us all how brilliant Sweet & Maxwell are at spotting and producing these special legal friends for the jobbing advocate. And how advocacy has changed! It is 10 years since the birth of Iain’s work which took many of us by storm for its originality. At the time I wrote that it showed one how to be seriously good in Court taking the author’s original subtitle. And it remains the book of my dreams and a Titanic of the advocacy world (and you can see what film I was watching at the time) because the advice given avoids all the ice bergs and glacial stares from the Bench! The little book is bigger now at over 400 pages but still modestly sized and very easy to read and digest with plenty of space for you to add your own personal tips about advocacy style. Iain’s writing style, enthusiasm and approach continues to bridge the gap between reading about the art of advocacy and actually how you do it in a court room. I have revised my view about the warm welcome I gave the original edition just to say on reflection that it should be in every wig box and not just that of the white wig! Thank you Iain and keep up the good work.
Views: 875 Phillip Taylor
The Margin of Appreciation in International Human Rights Law
BOOK REVIEW THE MARGIN OF APPRECIATION IN INTERNATIONAL HUMAN RIGHTS LAW Deference and Proportionality By Andrew Legg Oxford University Press ISBN: 978 0 19 965045 3 www.oup.com MARGIN OF APPRECIATION -- A KEY, YET CONTROVERSIAL, DOCTRINE FOR INTERNATIONAL LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This book is part of the Oxford Monographs in International Law series published by the Oxford University Press. It is a recent work on the doctrine of 'margin of appreciation' adding a distinguished title to the growing OUP series. 'Margin of appreciation' is noted as one of the most potent and interesting legal concepts to have emerged in international law in recent decades. So, in accordance with the aims of the series, this is an important and original piece of legal research into the nature and ramifications of this judicial doctrine, which allows individual member states to have some latitude in their interpretation of their own human rights treaty obligations, notably the European Convention on Human Rights. The author, Andrew Legg, provides an absorbing in-depth analysis and defence of the doctrine in international human rights law. Admitting that the 'margin of appreciation' is a controversial doctrine and not the easiest to grasp, he points out that it is 'a doctrine of judicial deference and a common and appropriate feature of adjudication which lies at the heart of many of the most important international human rights cases'. Ouch! There's some more controversy here. We are not inordinately fond of such terms as 'judicial deference', but this is a personal view only, of course. However, if we interpret this correctly, it begs a number of questions, including one of whether judges can make decisions comparable to dissenting judgments, and centering on the ability of an individual state to opt out of, or ignore all, or part of, for example, the Universal Declaration of Human Rights on a particular matter. We have the same thing for the EU as many Prime ministers know (sometimes to their cost!) Legg cites the example of prisoners in UK jails being allowed the vote, certainly a repugnant concept to many in the UK and one on which the majority would probably prefer a dissenting judgment stance. Does the margin of appreciation doctrine therefore allow the withholding of voting rights to prisoners in contravention, actually, of the decision of the European Court of Human Rights? This book certainly moves the debate forward on this and any number of related issues. Particularly interesting for lawyers is Part III of the book in its exploration of how 'margin of appreciation' specifically functions in the judicial decision-making process. Practitioners as well as academics involved in international law will appreciate and no doubt profit from this erudite and closely argued examination of the complexities of 'margin of appreciation'. It's an important book and will be a welcome addition to the ongoing debate on what is becoming an increasingly significant doctrine as governments continue to grapple with the future of human rights laws. The publication date is cited as at April 2012.
Views: 920 Phillip Taylor
The Lawyer's Guide to Writing Well
BOOK REVIEW THE LAWYER'S GUIDE TO WRITING WELL By Tom Goldstein and Jethro K. Lieberman ISBN: 978-0-520-23473-4 University of California Press, Berkeley 94720 www.ucpress.edu WHY GOOD WRITING MATTERS, EVEN IF YOU'RE A LAWYER An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers When Shakespeare penned his 'kill all the lawyers' line - forget which play... don't ask - he might have had it in mind that even in his day, the often bombastic outpourings of the then legal leading lights were a bit long on pomposity and a little short on clarity. It would seem that in the intervening centuries, not a lot has changed -- hence the need for this terrific book aptly titled 'The Lawyer's Guide to Writing Well' by Goldstein and Lieberman. This is one guide to writing well that's written well -- very well. It's immensely readable, laugh-out-loud amusing, yet deadly serious. It is not a new publication, having been around on the shelves of university bookshops worldwide for a while, but the advice it provides is timeless. In our opinion it should be in the library of -- or preferably at the right hand of -- every lawyer in the English speaking world. Lawyers who are at least dimly aware of the need for clear, concise communication should, if there's any justice, end up with a lot more grateful clients as a result of having read and noted the contents of this book. As the Washington Post commented, 'lawyers...need writers, or at least a guide like 'The Lawyer's Guide to Writing Well' to help them put together a sentence that the rest of the world can understand.' 'The book's authors provide straight-to-the-heart advice for lawyers who want to face the music and turn over a new leaf in their writing...a book deemed worth having,' intones the Harvard Law Review. 'Deemed?' Uh oh! We have just perused the useful and trenchant Usage Notes section at the back of the book and have come across the word 'deem' and the authors' low opinion of it. 'Many lawyers love this word, for no apparent reason,' they say rather unkindly. In their view, no way should you say that something is 'deemed' inappropriate. Say instead that something is inappropriate -- like over reliance on clichés, for example. Goldstein & Lieberman may sound a little punctilious at times and quick to mock and scorn, but they do it gracefully. And how refreshing it is to read a readable book on English usage which blasts the incessant and almost compulsive use of jargon, not just in the law, but in management-speak, techno-speak, psychobabble and just about everywhere else, including the media where folk should know better. The book's overwhelming endorsement of plain, precise English is encouraging and certainly positive. 'Does bad writing really matter?' challenge the authors, arguing convincingly that it does. It matters terribly if meanings are distorted or obscured, judges and juries puzzled and clients confused. We once saw a bumper sticker on the back of a car at university which read: 'Eschew obfuscation'. Think about it -- and if you don't get it, you are a lost cause, so don't bother reading this book, then. If you do get it, you need this book to tell you how to do it. Or if you do know how to do it, you'll find 'The Lawyer's Guide to Writing Well' a useful guide to good English usage for your more verbose and obscurantist colleagues.
Views: 2159 Phillip Taylor
English, French and German Comparative Law
BOOK REVIEW ENGLISH, FRENCH AND GERMAN COMPARATIVE LAW 3rd edition By Raymond Youngs ISBN: 978 0 41554 066 7 ROUTLEDGE TAYLOR & FRANCIS GROUP For full table of contents click here http://bit.ly/1EjPjek www.routledge.com THE LEGAL SYSTEMS OF ENGLAND, FRANCE AND GERMANY COMPARED: THE DEFINITIVE TEXTBOOK FOR STUDENTS OF COMPARATIVE LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers UK students of comparative law will welcome the publication of the latest edition of this substantial and authoritative legal textbook from the Routledge, and the Taylor & Francis Group. The author, Raymond Youngs, a solicitor, is a senior lecturer at Kingston University and Senior Research Fellow at the Institute of Global Law, University College London. Comparative lawyers will recall that Kinston University was one of the pioneers in setting up a course aimed at examining UK links with EU law, specifically French law and German law. This book therefore makes a useful contribution to the study of European jurisprudence -- and -- in its scholarly, yet straightforward and succinct approach, functions as a real time-saver for students in this area. It is worth noting that, as mentioned in the preface to the first edition, the translations of statutory material contained in the book -- including extracts from the codes and constitutions -- are the author’s own. This new edition incorporates all significant new developments that have emerged since the publication of the previous edition. A broad range of new case law is examined on such issues as, to cite only a few examples: preventive detention… the internet… closed circuit television (CCTV)… DNA… the prevention of human trafficking… the privacy versus free speech debate… religious clothing… pre-nuptial agreements… and the balance between the fight against terrorism and personal freedom. In this, as well as in previous editions, the aim has been two-fold: first to introduce and examine key areas of the three legal systems under discussion -- and secondly, to create a convenient means of allowing readers to compare them, noting both similarities and differences. We quote the author’s observation that ‘the differences are… more revealing starting points for a critical appreciation of a legal system than mere speculation would be.’ To summarize, the book is divided into six sections, to cover constitutions, legal systems, court systems, human rights, torts and contracts, with emphasis throughout on such areas as the abuse of power and the rights of private individuals. The useful index at the back aids navigation, making it easier for students under pressure to look things up. The book is certainly a formidable research resource, with copious footnotes, a useful bibliography, a list of websites and journal sources -- and extensive table of cases and of legislation. Practitioners as well as students of comparative law will no doubt find this book indispensable. The publication date is cited as at August 2013.
Views: 4010 Phillip Taylor
History of the Middle Temple
BOOK REVIEW HISTORY OF THE MIDDLE TEMPLE Editor: Richard O Havery Hart Publishing ISBN: 978-1-84113-421-5 www.hartpub.co.uk A TEMPLE TO LEGAL LEARNING IN CONTEMPORARY LONDON: HERE IS ITS AMAZING HISTORY DATING FROM THE TWELFTH CENTURY An Appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Who would have thought it? With its long and illustrious (sometimes notorious) history, The Middle Temple is certainly known mainly to the worldwide legal fraternity -- at least the English speaking part of it -- as one of the world's pre-eminent centres for legal education and practice. Yet, before this quite fascinating History of the Middle Temple was published in 2011 few people, not even that many lawyers, knew how many of England's movers and shakers, who changed English history, not mention American history, for better or worse, were members of this Inn. Inn? Yes, the Middle Temple is one of the four Inns of Court situated in that part of central London known to some as 'legal London'. Dating from the twelfth century, the Middle Temple, with its associations with the Knights Templar, boasts among other beauties, a Tudor Hall competed in 1574, when Shakespeare was about ten years old. The first performance of his Twelfth Night was given here. Not surprisingly the atmosphere is collegiate, reminiscent of an Oxford college. The Middle Temple and its neighbouring Inns, Inner Temple, and Gray's and Lincoln's Inns, offer green and tranquil oases of contemplation and legal learning quite secluded from the nearby cacophony of London streets. In Elizabethan times, apparently, the Inns of Court were known colloquially as 'the Third University of England.' Understandably, the Middle Temple attracted many luminaries to its membership. There was a time when you didn't have to be a lawyer or law student to join. Among the most prominent were -- and here is just a short list -- Sir Walter Raleigh, William Congreve, Henry Fielding, Edmund Burke, William Cowper and William Makepeace Thackeray. (One wonders if he wrote large chunks of Vanity Fair sitting under a tree in the Middle Temple gardens.) Those of you with American connections will probably be somewhat astounded to learn that five Middle Templars signed the Declaration of Independence on 4 July 1776. Another Middle Templar, John Rutledge chaired the committee which drafted the United States Constitution, along with six other Middle Templars who were among its 39 original signatories. John Collyer's most illuminating chapter on 'The American Connection ' attempts to explain exactly how the Middle Temple came to be connected so closely with such pivotal events and institutions in American history. Note, for example, the story of Sir Edwin Sandys (1561-1629) who's Virginia Charters gave to the Virginia colonists 'all the liberties, franchises and immunities of English subjects.' Predictably, the libertarian and outspoken Sir Edwin was one of those upholders of freedom of speech and of conscience who ended up in front of the Star Chamber for his egalitarian views, but who, because of his popularity was soon released. Lord Judge, the current Lord Chief Justice has called this 'a monumental work' and so it is. Like the most reliable histories, it is written on the basis of research gleaned from the study of original sources. It's eminent and certainly diligent contributors have done precisely that, creating this impressive work of learning from their researches in the archives of the Middle Temple. (What a hitherto little known treasure those archives must be!)! As the very proud publishers at Hart Publishing quite rightly remark, the 'History of the Middle Temple is 'a treasure trove of information about the Inn, its diverse history and influence'. A riveting read as well as a fascinating history, and enlivened with illustrations, this is a book which should attract a wide readership, not just within the legal fraternity, but among the general public. Curiously, although perhaps not so curiously, many of the issues raised in the book remain topical today -- all of which makes this splendid work a must-have acquisition for anyone's library.
Views: 1973 Phillip Taylor
Defending Possession Proceedings
BOOK REVIEW DEFENDING POSSESSION PROCEEDINGS Seventh Edition By Jan Luba QC, John Gallagher, Derek McConnell and Nic Madge ISBN: 978-1-903307-75-5 Legal Action Group www.lag.org.uk YES, "DPP" IS AS INDISPENSIBLE AS EVER! An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Yes, this is the book we always see in court when possession actions are listed- it is the fountain of simple information explained for all to understand. We welcome the seventh edition which, as the authors say, is the essential purchase for all clients and advisers working with actual or prospective defendants in possession proceedings. The proof of its success is that we see the book regularly on the bench and outside the court, and recommend it for all those new to these threatening proceedings from lenders. This work is another in the growing series of the estimable Legal Action Group's 'adviser' publications. "Defending Possession Pleadings" robustly continues the LAG's ongoing mission to compile, write and publish meticulously researched works of reference, mainly for professional advisers -- legal practitioners, local government and housing officers, academics and the like -- or those of us, quite frankly, who are desperate. And there are few other conditions in life which occasion as much desperation as re-possessions where the lenders are non-communicative and over-zealous just before we go into court. Clear, succinct and accurate, "Defending Possession Proceedings" sets the law in its context. There is much new material in this new seventh edition. The text is supplemented with official forms and notices, statements of case and applications, an instructions checklist, the Rent Arrears Pre-Action Protocol and CPR Part 55. So, if you're a practitioner in this difficult and complex area, you'll find "Defending Possession Pleadings" an essential and easy to use reference tool in your day to day practice and another of the excellent LAG 'advice' books they publish in an area where they continue to offer the best advice of the lot to all who are involved in these matters.
Views: 758 Phillip Taylor
EU Competition Law and Economics
BOOK REVIEW EU COMPETITION LAW AND ECONOMICS By Damien Geradin, Anne Layne-Farrar, Nicolas Petit Oxford University Press ISBN: 978 0 19 956656 3 www.oup.com FOR COMPETITION LAWYERS WITH CORPORATE CLIENTS, (NOT TO MENTION ECONOMISTS AND NON-SPECIALIST PRACTITIONERS) An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers There are a number of areas in which law and economics are inextricably linked; competition law being one of them. Additionally, as perceived by the general public, competition law has one of the highest profiles of any area of law, if only because, by its very nature, it almost inevitably involves large well known companies. The expert authors of this timely publication from the Oxford University Press cite a number of examples from both sides of the Atlantic: among them Sotheby's, the famous Roche 'vitamins' case and Microsoft to name just three. Cited by the publishers as the first EU competition law treatise that offers a genuinely integrated approach to both legal and economic issues, this major new work brings together in one volume the quite vast range of issues and subject areas likely to be encountered by competition lawyers and economists alike. The book commences with an examination of the history of competition law. Competition and monopolization originate in antiquity -- the astronomer Thales apparently had a lot to answer for over his olive oil monopoly -- but the first bodies of competition law which can be termed 'modern' date back only to the end of the nineteenth century when the first piece of competition legislation appeared in North America, first in Canada in 1889 and in the US a year later. These two nations rules, say the authors, 'had a significant influence on the design and content of the EU completion rules.' Well, that applies an interesting perspective to EU competition law, which has its particular roots in the legislative framework emanating from the original Iron and Steel community. This scholarly and skillfully organized book contains any amount of similarly insightful observation -- especially on specific cases -- which offer their own peculiar fascination. Here's just one quote, for example, that may occasion considerable debate: 'Many consider that (especially following Microsoft v. Commission and Wanadoo v. Commission) those cases demonstrate the EU Courts' discomfort in matters involving sophisticated economic analysis. To increase the effectiveness of judicial review, as well as to reduce the average duration of proceedings before the EU Courts (currently it takes 20 to 30 months for the GC to rule on a competition case), a number of observers have recently argued in favour of establishing a specialist competition court at the EU level, similar to the Competition Appeals Tribunal in the UK.' This of course is yet another instance of the thought provoking commentary provided by the expert authors: two of whom are competition law practitioners and academics, the other a well known economic consultant. Certainly the book provides an in-depth examination (from both an historical perspective as well as the contemporary standpoint) of each of the core areas of EU competition law, including horizontal agreements... vertical restraints... merger litigation and control and certainly, cartels -- these being originally considered acceptable for continental Europe, but now anathema. For those professionally or personally involved in the issues raised in the arena of competition law, this volume, distinguished by its clarity of explanation and expression, is an enlightening read. Ample tools for further inquiry are provided, including extensive tables of cases, legislation and Commission decisions. This book does emerge as an authoritative work of abiding interest to specialist legal practitioners, as well as economists and everyone involved professionally with EU competition law. The publication date is 2012.
Views: 1977 Phillip Taylor
The Law of Damages- Butterworths Common Law Series
BOOK REVIEW. THE LAW OF DAMAGES 2nd Edition Butterworths Common Law Series General Editor: Professor Andrew Tettenborn Editor: David Wilby QC ISBN: 978-1-4057-5109-4 LexisNexis www.lexisnexis.co.uk THE BEST BOOK FOR THE BENCH ON DAMAGES An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Issues with respect to damages concern money: from how much a Claimant might gain if successful, to how much he might lose if he isn't, working under our original rigid common law remedy of monetary payment as the first stop to sort things out. This is a big book and there is much detail which many may feel they do not need in smaller firms but it does give tremendous authority to your practice as, in our view, it is the most readable of the current crop of 'damages' books. Andrew Tettenborn and David Wilby QC have blended practical guidance, paragraph by paragraph, with the academic and the judicial approaches to achieve the best advice which judges and advocates need in the courtroom when the real decisions on awards need to be made or advised on. All this may sound perfectly straightforward, but, as every lawyer knows, damage cases can be extraordinarily complex, not to mention emotionally fraught, especially in common law jurisdictions, where such cases frequently raise issues of law -- hence the editors' observations that 'in damage cases, appeal courts pronounce on questions of principle to an extent astonishing to a European observer.' There has, therefore, been -- and continues to be -- a pressing need for an authoritative, yet straightforward and accessible detailed guide to this area of law, which certainly, 'The Law of Damages' amply provides with its positioning as the book we would see on the judicial bench during proceedings and one which practitioners will need to consult. The intention behind this quite indispensable work, is to provide 'authoritative but user-friendly' coverage of the whole of the law of damages in contract and tort: the authors do just this! Within almost 1,000 pages and 36 chapters, 'The Law of Damages' gives bulky coverage of the full range of issues pertaining to damages and the assessment of damages. New material in the second edition reflects the continually changing landscape in this area where, in the editors' words, 'old certainties are undermined and old approaches discredited' so we welcome this fresh statement of law from the excellent Butterworths Common Law Series as an important addition to the damages debate at its highest professional level. The structure of the book is commendably straightforward. Beginning with general principles, it then deals with damages for individual wrongs and for breaches of particular common types of contract of special help to Counsel. Part One -- General Principles -- covers the full range of issues, from scope of damages, measures of damages, financial loss, and damages for non-pecuniary loss , to contributory negligence, the right to interest and the effect of death, bankruptcy, assignment and so forth. Part Two -- Damages Other Than For Personal Injury -- deals with everything from physical damage and trespass to land and chattels, to interference with goods, misrepresentation, wrong to the person , agency relationships, professional liability, contracts for the sale of goods, land and other assets and of course, much more. Part Three places personal injury damages in a separate category which merits a separate section of the book. This is a reflection of the increase in this type of case and the fact that personal injury has become, as the editors note, a separate subject in its own right 'with its own quirks and technicalities'. It is the professional practitioner's book of the moment in this field and one of the leading works. Research resources are copious, with at least 20 pages of Tables of Statutes, Cases, Statutory Instruments and European Legislation -- and at the back, a 67 page index, reassuringly detailed for fast, easy reference to whatever you want to know or the sort of thing the judge will ask... or possibly look for personally in the law library so you can be one step ahead! Damages, as an area of law, have become pivotal within most legal practices, hence the need for this authoritative work of reference on every law library shelf. It is a compliment to the more established "McGregor" and "Kemp & Kemp" rather than its direct competitor. Tettenborn & Wilby ask the questions going through our minds towards to the conclusion of a case in their well constructed paragraphs to give the best book for the bench on damages currently around.
Views: 1745 Phillip Taylor
Michael Mansfield: Memoirs of a Radical Lawyer
BOOK REVIEW MEMOIRS OF A RADICAL LAWYER By Michael Mansfield Bloomsbury ISBN: 978 1 4088 0129 1 www.bloomsbury.com BEYOND THE NARROWLY LEGAL: RECOLLECTIONS OF A CONTROVERSIAL CAREER An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'This is a memoir,' states Michael Mansfield in his preface, 'not an autobiography.... it is a collage of recollections and reminiscences.' On reading this fascinating account of Michael Mansfield's fascinating life, we are still a little puzzled as to why the book is not an autobiography. However you classify it, though, it's worthy of note because of the name and fame of its author. Mansfield, it's fair to say, is Britain's best known defence lawyer, with a towering reputation as a doughty fighter, even for ostensibly lost causes. Presenting a challenge to conventional wisdom and the established view has been his forte. He seems to have had an attraction to controversial cases, all of them difficult, some of them virtually hopeless. Barristers refer to these as 'hard cases' and so they are. A shortlist of the cases he has pugnaciously fought includes Angela Cannings... Jill Dando and Barry George... Dodi Fayed and Princess Diana... Stephen Lawrence, and Jean Charles de Menezes. He has a rather robust, conversational style when he writes and soon, within the first few pages, you're drawn into the quite eventful narrative of his wartime childhood in normally quiet middle class, suburban north London, with references to sirens, bombs, blackouts and rationing, not to mention being bereft of bananas and wondering if the next bomb you hear is going to hit you. You'd think that after all that, he'd have relished a quieter life, but no; it would appear that he rather thrived on conflict -- always the lot of a seeker after justice and truth -- and he certainly found it at the Bar. Interestingly, he reveals that it has been anger which has been the driving force of his career. It all started apparently, when a local police officer charged his mother with a parking offence, from which she strenuously defended herself in court, discovering to her dismay, that there are police officers out there who are not above lying. She was triumphantly acquitted, but warned the young Michael ever after: 'never trust a man in uniform.' The bulk of the book thereafter focuses on Mansfield's cases, mostly the high profile ones that turned him into a high profile lawyer. 'As a defence lawyer,' he says (on the front cover so you can't miss it) 'it's my job to defend the indefensible.' Certainly his cases have generated some sensationally detailed headlines and body copy in the press and in among the personal reminiscences, his book is replete with commentary and insights. Take the Marchioness Riverboat disaster of 1989, for example, the aftermath of which was as murky as the waters of the Thames in which so many young people perished. His comments on the inquests and judicial public inquiries which usually follow such disasters are certainly thought provoking. 'It is one thing to agree about the need to know,' he remarks, 'It is quite another to get answers from institutions, corporations and government departments.' 'Progress', he adds is brought about 'by the extraordinary efforts of ordinary groups of families, friends and individuals...who fight for what is right and who initiate change.' He concludes that they occupy the moral high ground and their courageous stand benefits us all- no one should ever sit back and think there is nothing we can do! This important memoir contains any number of inspirational moments like this. The author's more triumphant and/or controversial cases, described in enthralling detail, serve to create a rich tapestry of some of the most significant and newsworthy events in our recent history, most of which have caused public disquiet, even horror and, it is to be hoped, will ultimately lead to a spirit of reform which is this radical lawyer's real mission.
Views: 596 Phillip Taylor
International Investment Law and Soft Law
BOOK REVIEW INTERNATIONAL INVESTMENT LAW AND SOFT LAW Edited by Andrea K. Bjorklund and August Reinisch Edward Elgar Publishing Ltd ISBN: 978 1 78100 321 3 www.e-elgar.com ERUDITE INTERNATIONAL DEBATE ON A TIMELY TOPIC An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers As the learned authors have expressed it, this book, published recently by Elgar has brought together a group of nine distinguished contributors from some of the world's top universities and academic institutions to discuss 'the intersection of soft law and the law of international investment'. Author Andrea Bjorklund, for example, is Professor of Law at the University of California at Davis and visiting professor at McGill University's School of Law in Montreal. August Reinisch is Professor International and European Law at the University of Vienna and lectures at the Bologna Center of Johns Hopkins University. Their fellow contributors hail variously from Dundee in Scotland to Jerusalem, to Wittenberg in Germany. We have here, therefore, an international perspective on the topic. The various contributors we have referred to were members of a study group that had concluded its work with the publication of the 'Oxford Handbook on International Investment Law' which addressed major issues relating to both substantive and procedural investment law. As explained by several of the contributors, including Moshe Hirsch, who writes the second chapter, soft law rules are not legally binding and it is up to the discretion of legal decision-makers as to whether or not such rules can be applied to a particular dispute. His chapter in particular briefly discusses, among other topics, the interactions between 'soft law' (non-binding instruments) and the recognized sources of investment law. The views of this group of international experts do shed interesting light on such matters as GATT/WTO and certain fields in particular, namely commercial law, environmental law, as well as investment law. Fundamentally, the various chapters attempt to answer the general question of whether investment law can, or should be 'codified', with special reference to such issues as most favoured nation treatment and also, expropriation. Extensively footnoted throughout, with a detailed index at the back, the book covers an exceptionally wide range of issues in the process of examining the topic of investment law and soft law. If you're involved in investment law, or government investment treaty negotiations, or arbitration proceedings -- or if you have an interest in international law and legal theory, you would do well to acquire this erudite and timely work of reference.
Views: 1338 Phillip Taylor
Garner's Dictionary of Legal Usage
BOOK REVIEW GARNER'S DICTIONARY OF LEGAL USAGE Third Edition Editor: Bryan A. Garner ISBN: 978 0 19 538420 8 Oxford University Press www.oup.com A PARADIGM FOR GUIDANCE ON LEGAL WRITING An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers It is ironic, is it not, that 'legal language' quite often seems opaque and all too often is so; unfortunate too, as the law is based on words, forms of words, meanings of words and their interpretation, connotation and usage. One wonders how often cases have been initiated, then won or lost because someone or other has misconstrued or misinterpreted some word or other -- or some phrase or other. If you're a lawyer, legal scholar, student, or generally someone who is fascinated by the power of language and who seeks to speak and write with clarity, precision and force, Garner's Dictionary of Legal Usage is the resource for you. Here it is from the Oxford University Press in a new enlarged and updated third edition and a remarkable work of lexicography it is. But it's not just a dictionary. It also functions as an authoritative guide to style, grammar and usage. As you look up each word, you are offered not just a definition, but a discussion of its significance, its origins, indeed all its aspects pertaining to law, complete with meticulously cited sources. Prolifically and painstakingly (and often entertainingly) the learned editor, Bryan A Garner, internationally acknowledged as a top authority on legal usage, seeks to blow away the cobwebs of complexity and confusion which may surround any number of terms. 'Testatorial, testorial, testatory' is an example. What's the difference? What is the most common form? Is there a reference to the OED? Look these up if you wish to know. You'll find them just before the word 'testatrix', which the editor quite rightly has a down on. 'This word is useless,' he growls. 'testator quite properly referring to men and women alike. See SEXISM.' Well -- you've been told, haven't you? And you have been referred onward toward further research as well. It's a comprehensive, erudite and easy to use resource which lawyers and laymen alike will find invaluable. Synonyms, for example, are precisely differentiated and defined and such areas of law as immigration, intellectual property are discussed in the clear light of day. Ooops... we shouldn't have said that! Garner and his team have provided a pungent entry on the matter of clichés and overused words which ideally we must avoid, although some of our pet hates have been left out like 'iconic' and 'going forward.' These will no doubt surface in the next edition! Usefully, the orientation of this dictionary (of almost 1,000 pages) is transatlantic. So whether your practice is in the UK or North America, this is certainly an indispensable guide to writing or editing legal documents, books or articles with enhanced clarity, accuracy and style. The publication date is July 2011.
Views: 794 Phillip Taylor
Employment Tribunal Remedies Handbook 2015 16
BOOK REVIEW EMPLOYMENT TRIBUNAL REMEDIES HANDBOOK 2015-16 By James Wynne Littleton Chambers With a Foreword by Judge Brian Doyle ISBN: 978 0 95677 745 4 BATH PUBLISHING LIMITED www.bathpublishing.co.uk A MOST IMPORTANT AND WELL ESTABLISHED GUIDE FOR APPLICANTS WHICH IS VERY USER-FRIENDLY FOR LITIGANTS IN PERSON An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This excellent user-friendly remedies guide continues to offer some of the most useful current advice available for those who are applicants or defendants in employment tribunal matters and it is now in a new edition for 2015-16. So, if you, as either a lawyer, adviser or trade union representative together with your client are, or may be contemplating taking an employer to an employment tribunal, your first question (rather than the last one) remains, ‘what do you expect to gain should you win your case?’ Here are some of the answers and do read the introduction for the changes to this year’s book! And if you look at it another way, think about the remedies you seek before the tribunal process even begins, provided of course, that your case is strong enough. This is where the latest edition of Bath Publishing’s informative “Employment Tribunal Remedies Handbook” for 2015-16 comes in most handy with all the continuing changes and, frankly the difficulties as well, which have surfaced in these types of tribunal matters in recent years. Such considerations are not merely important as we have said before… they are of course paramount – and more so than ever in view of the hike in employment tribunal fees which occurred causing some re-thinking by applicants although figures for tribunal applications have now risen again after the initial shock of the fee changes which led to re-consideration in many cases. It is more important than ever today to assess the value of an employment claim from the start, so the publication of this new Handbook by Bath Publishing is once more timely and will be much welcomed by those involved for the special expertise which James Wynne gives us here. Produced as usual in a handy spiral-bound A4 format, the Handbook is actually an A to Z guide which covers a wide range of topics. These range from ‘ACAS’ and ‘accelerated payment’, through to ‘remedies’, ‘written reasons for dismissal’ and ‘written statement of particulars’. The book provides some forty tables covering such areas as fees (perhaps this section should be studied first!) interest, pensions and much more, including the answers to questions involving adjustments to basic awards, ex gratia payments and so on. Prior to the publication of this Handbook, you would have had to track down such information across a number of different sources. Here, however, you have it all brought together in one place. James Wynne who edits the excellent book is an experienced barrister who undertakes advocacy and advisory work in this complex area of law and regularly appears in the Employment Appeals Tribunal. Writing in the Foreword in 2014, Judge Brian Doyle, President, Employment Tribunals (England and Wales) has referred to the Handbook as having ‘added an important resource to the employment law library and one which could be readily accessible to all who use the Employment Tribunal system, whether represented or unrepresented.’ Absolutely right! This book is now established as a real time-saver for the busy employment lawyer with its highly relevant worked examples. The Handbook is now published annually to keep users up to date with current developments in this continually changing area of law and it is a credit to the team responsible for producing it because it makes our lives a lot easier. The publication date is cited as at April 2015.
Views: 541 Phillip Taylor
British Overseas Territories Law
BOOK REVIEW BRITISH OVERSEAS TERRITORIES LAW By Ian Hendry and Susan Dickson ISBN: 978-1-84946-019- 4 Hart Publishing www.hartpub.co.uk AT LAST! -- THE UP TO DATE BOOK ON THE LAW OF BRITISH OVERSEAS TERRITORIES -- AND THE FIRST IN FORTY-FOUR YEARS! An Appreciation by Phillip Taylor MBE and Elizabeth Taylor The gradual disappearance of the British Empire and its subsequent metamorphosis into a Commonwealth of Nations continues generally to be a topic of interest, not just to historians, but for many members of the public at large and especially to lawyers. We were surprised therefore to read in the Foreword to this scholarly and very readable work from Hart Publishing, that it's the first study in 44 years on the topic of law in this specific area; that is, the law and practice relating to British Overseas Territories. As the learned and expert authors, Hendry and Dickson, point out, the great authority on this subject was Sir Kenneth Roberts-Wray's 'Commonwealth and Colonial Law' published in 1966. As its worthy successor, 'British Overseas Territories Law' contributes a much needed fresh and topical examination of this somewhat overlooked area of law. The old Empire is consigned to history, of course, but there are still fourteen British Overseas Territories out there: not just obscure and remote ones like Tristan da Cunha, Pitcairn and South Georgia, (not to mention a large chunk of the Antarctic), but densely populated, thriving territories with dynamic economies -- based largely on tourism and financial services -- like The Cayman Islands, British Virgin Islands, Gibraltar and Bermuda. As is pointed out, none of these territories so far have applied for independence, enjoying as they do, numerous advantages via their linkages with Britain, including the much envied benefit of self--determination. The Introduction contains definitions of the salient terms: such as 'colony', 'possession' and 'territory'. The definitions can be rather wide and complicated, but as the authors state that "all British overseas territories fall within the definition of 'British possession' in the Interpretation Act 1978". Practitioners who deal with cross-border and/or offshore financial services issues would do well to acquire additional background information on these territories from this fascinating and highly relevant book for 2011. Referred to as a manual of law and practice -- which is what it is, 'British Overseas Territories Law' provides a comprehensive examination of a wealth of issues pertaining to British Overseas territories, from their sources of law and human rights protection to the nationality and status of their respective populations, their finance arrangements and their relationship with the European Union. A useful Annex examines the key features of all fourteen overseas territories in turn, from the history of each territory, to its courts, law and economy. Equally useful are the extensive Tables of Cases, Laws of the British Overseas Territories and United Kingdom Statutes. Legal practitioners, not to mention historians, will no doubt pounce on this very timely book, already regarded as the definitive authority in this increasingly important area of law. While the law is stated as at 15 October 2010, the authors have taken account of certain developments since then to give us the most up-to-date statement on this area of law after 44 intervening years of dramatic colonial changes.
Views: 1371 Phillip Taylor
Dissenting Judgments in the Law
BOOK REVIEW DISSENTING JUDGMENTS IN THE LAW Edited by Neal Geach and Christopher Monaghan Wildy, Simmonds & Hill Publishing ISBN: 978 0 85490 084 8 www.wildy.com WHEN THE JUDGES SHOW A BIT OF BOTTLE! An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Yes, the usual suspects are all here! Whilst Lord Nicholls, in his Foreword, calls the book 'highly stimulating' where dissenting judgments always attract special rather than passing interest, the book's greatest value for the advocate lies with the impact of the dissenting judgment itself as it was at the time it was delivered... and, then, how we would assess the value of the judgment today. Many advocates would probably agree that the dissenting judgment of yesterday is probably going to be the good law of today as jurisprudential development takes account of changing modern opinions and social conditions. The editors, Neal Geach and Christopher Monaghan, have taken a modern look at 19 leading cases where there have been strong dissenting judgments and, not surprisingly, they have agreed with the dissent! Nicholls takes the line that the purpose of the book gives a 'second wind', as he calls it, to these acts of dissent in the hope that appropriate law reforms will result. He has a good precedent for this with Herrington which ultimately led to the Occupiers' Liability Act 1984. We were particularly pleased to support what Lord Nicholls says - that many of our great modern judges are on the dissentient judges list... and rightly, 'a place is found for Lord Denning'. Frankly, the book would lack some weight without Lord Denning's contribution but it is a highly thought-provoking book which will reach out to the law student, the practitioner and the jurisprudent for the excellence of the controversies set out in the six parts. The final few sentences of the Preface sum the book up brilliantly where the editors say that "the common law depends on the judiciary being able to offer their own opinion, which even if forming part of the majority or the dissent, could differ from their fellow judges." They go on to say that "the survival of the opportunity to articulate the reasoning for dissent would mean the survival of a longstanding and proud record English legal history, and the tradition throughout history more generally." Yes, that's it! That is what this book is all about and why the common law itself remains most important as our general legal concepts whilst explaining by example the excellence of the device of dissent to ameliorate the harshness of some judicial decisions which become outdated quite quickly.
Views: 427 Phillip Taylor
Planning Law and Practice
BOOK REVIEW PLANNING LAW AND PRACTICE By David Travers QC, Noemi Byrd and Giles Atkinson ISBN: 978 0 85490 115 9 WILDY, SIMMONDS AND HILL PUBLISHING Wildy Practice Guides www.wildy.com A RELIABLE, COMPREHENSIVE AND PRACTICAL COMMENTARY FOR THE NON-SPECIALIST PRACTITIONER An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers These Wildy Practice Guides are a most effective tool explaining core principles in a simple way for a range of practitioners from solicitors and barristers to legal executives and legal officers. As Lindblom J says in his Foreword, “planning law is not simple”. It certainly is because of the large number of statutes and huge volume of case law involved! The three authors from are from Pump Court: David Travers QC, Noemi Byrd and Giles Atkinson. They have written an informative and concise short text for Wildy which is a clear and accurate summary of planning law for practitioners in 2013. Lindblom J concludes his comments about the book describing it as embracing the principle elements of the planning system, putting them forward in a convenient and logical format and providing “a crisp commentary” on each element in a most readable fashion. The book has six parts which cover the following main topics: (1) planning in England and Wales: an overview of the planning system, its organisation and purpose; (2) is planning permission required- identifying permitted development, understanding operational development and material change of use, applying for Certificates of Lawfulness for Proposed Use and for Existing Use; (3) applications for planning permission: understanding Applications for planning permission: understanding the Local Development Plan, development in specially protected areas, the pre-application process, the form and content of applications, retrospective applications; (4) how planning applications are determined: the Local Planning Authority's process from delegated decision-making to Committee decisions, Environmental Impact, Development Plan policies, supplementary planning guidance and material considerations, Planning Obligations (Community Infrastructure Levy and Unilateral Undertakings), Personal circumstances and private interests; (5) the granting of planning permission: duration and effect of planning permissions, conditions and how they operate, how public rights of way affect grants of planning permission, the need for listed building consent, planning permission and interference with private rights (nuisance); and (6) when planning permission is refused: when and how to appeal to the Secretary of State, the written representation procedure, Hearings, preparation for and appearance at Public Inquiries, the role of community groups, hearing and inquiry costs and how to avoid them, subsequent appeals to the High Court Planning Law and Practice will provide the non-specialist practitioner with a reliable and comprehensive map for navigating the planning system. “Planning Law and Practice” seeks to highlight the main issues and potential pitfalls for the practitioner, giving up- to- date case commentary where useful although do bear in mind that the date of publication is 2013 and many changes are currently taking place within planning law itself. This book will be invaluable for Counsel, law firms, legal executives, local government legal officers and planning officers in particular but does have a great general application for the planning applicant seeking to know more about out planning system and how to apply. It provides a welcome overview of the planning system and the latest policy and legislative changes including the impact of the National Planning Policy Framework and what the new government in May 2015 now proposes for planning from 2015-2020. The book summarizes the core legal principles applicable to each stage of the planning process and is a most welcome development to assist applicants who act in person as well as law centre advisers and lawyers and their staff eager for a brief update of current law and practice.
Views: 2063 Phillip Taylor
Methods of Comparative Law
BOOK REVIEW METHODS OF COMPARATIVE LAW Edited by Pier Giuseppe Monateri Edward Elgar Publications Ltd ISBN: 978 1 84980 252 9 www.e-elgar.com COMPARATIVE LAW --EXPLORING A CONTINUALLY EVOLVING FIELD OF ENQUIRY An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Recently published by Edward Elgar Publishing, 'Methods of Comparative Law' presents a collection of some of the most significant exploratory and definitive treatises on the often complex and wide-ranging area of comparative law. Within one convenient volume, it brings together the work of no less than nineteen academics and scholars from top universities and law faculties worldwide, spanning an amazing range of specialties and disciplines. The depth and breadth of erudition on the part of each contributor is nothing if not impressive. Numerous avenues are explored down the pathways of, for example, the history of law, the philosophy of law (jurisprudence) and the interplay and overlap between these disciplines and others, including economics in particular. Here's just one example of these intriguing excursions down a particular pathway of enquiry and we quote: 'In recent years a new generation of literature, developed at the interface of law, economics and public choice theory, provides an alternative hypothesis regarding the evolution of the common law.' Agree with this or not, the operative word here, we believe is 'interface' and as the title indicates, we are talking here about inter-disciplinary and multi-disciplinary research. If this sounds a little abstruse, it is nonetheless intriguing and has a number of practical applications in law, certainly, as well as economics and public policy. As the editor, Pier Monateri explains, the structure of the book including the sequence of the chapters, as well as the selection of individual essays, is 'designed to focus on the evolving shape of legal "comparativism". The result is, he adds, 'an accessible manual from which scholars, students and practitioners can benefit.' Extensively footnoted throughout, the book takes its place as part of Elgar's 'Research Handbooks in Comparative Law' series -- the first of its kind, apparently, to cover such a broad range of comparative law issues. The orientation is global; the approach scholarly. This is a book which will no doubt interest the worldwide community of law academics and academic lawyers. Offering up some of the latest thinking on this subject, it contains much food for thought. The publication date is 2012.
Views: 2159 Phillip Taylor
The Law of Habeas Corpus
BOOK REVIEW THE LAW OF HABEAS CORPUS 3rd Edition By Judith Farbey QC and The Hon. Mr Justice R.J. Sharpe with Simon Atrill Oxford University Press ISBN: 978-0-19-924824-7 www.oup.com HABEAS CORPUS: THE EVOLUTION AND VULNERABILITY OF A FUNDAMENTAL RIGHT An appreciation from Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers The cornerstone of our liberties, habeas corpus is actually an ancient writ, the origins of which are described in this excellent book aimed at those either new or experienced in these matters. As a legacy of the Middle Ages, habeas corpus became more firmly entrenched four centuries ago as a means of protecting the individual against unfair imprisonment, confinement or detention. Worryingly, it's taken something of a battering fairly recently in the controversies surrounding the war on terrorism; for example, detention without trial and the imprisonment of detainees at Guantanamo. So this book is timely, dealing with these topical issues, but not before offering up a thorough and useful examination of -- as promised by the title -- the law of habeas corpus itself. First, there is an introduction to the history of habeas corpus, tracing its development primarily from its seventeenth century origins. It was in 16th and 17th centuries that the writ of habeas corpus took is modern form gaining its conspicuous place as a fundamental ingredient of the UK's Constitution. The significance of habeas corpus in the modern context is that it empowers the court to secure the release of individuals from unlawful custody over a range of circumstance, from detention in prison to the custody of a child, to patients detained for compulsory medical treatment and, as in a number of current high profile cases, individuals wrongly held in detention as the result of the war on terrorism. So fundamental a liberty is habeas corpus that all too many take it for granted, which offers all the more reason why it should be jealously guarded by those charged with ensuring its preservation. Interestingly, this important book started life as the thesis for the D. Phil. at Oxford University by one of the three learned authors, The Hon. Mr Justice R.J. Sharpe, now of the Ontario Court of Appeal. With subsequent revisions and updates, the book has remained topical and is now published by OUP in this latest third edition. The authors have endeavoured to maintain the structure and organization of previous editions while examining all recent developments including, for example, judicial review, immigration cases and the implications of the Human Rights Act 1998, especially when conflicts of interest have emerged between liberty and security. We were amused to read a quote in "The Times" letters column some time ago from a Mr Benjamin Franklin who remarked in effect that those who would sacrifice freedom for safety deserve neither freedom nor safety. Anyone who is concerned, especially in a professional capacity, with the issues raised by this 250 page book should read it. Meticulously footnoted throughout with extensive tables of cases, national legislation, secondary legislation, as well as treaties and conventions (on both sides of the Atlantic) plus a great index, it points the way to literally hundreds of avenues for further research on the evolution and vulnerability of this fundamental right.
Views: 1451 Phillip Taylor
Mortgage Possession Proceedings
BOOK REVIEW MORTGAGE POSSESSION PROCEEDINGS By Timothy Powell Law Society Publishing ISBN: 978 1 85328 922 4 www.lawsociety.org.uk DEFENDING A POSSESSION ACTION CLAIM? HERE'S AN ACCESSIBILE GUIDE TO ALL ASPECTS OF MORTGAGE POSSESSION PROCEEDINGS -- BRAND NEW FROM THE LAW SOCIETY, WITH ACCOMPANYING CD-ROM An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'Your home is at risk...' etc. etc. 'if you do not keep up the payments on your mortgage.' This stern message, or variations of it, is on the bottom of just about every bit of marketing literature imaginable from the mortgage lending companies. Every mortgage holder has surely read it but it is also a sad certainty that many home owners have ended up homeless, or have faced the inevitability of homelessness because, for whatever reason, they cannot meet their mortgage commitments. If you're a legal adviser assisting clients in this situation, you need to know about this book. Quite often, as the result of just a couple of missed payments, your client faces the prospect, not of debtors' prison as in Victorian times, chronicled by Dickens, but the equally unpleasant threat of homelessness. This clearly written and accessible book from Law Society Publishing will help immeasurably in assisting you to defend your client against any mortgage possession claims. Author Timothy Powell bring thirty years' experience in defending mortgage possession claims in Lambeth County Court, one of the country's busiest for such claims. 'Although the law of mortgages is complex,' he says,'the practice of defending mortgage possession claims is relatively straightforward.' This book gives you the advice and guidance you need to defend such claims efficiently and effectively, whether in or out of court. All aspects of mortgage possession proceedings are explained, including the principles and their practical application. The different types of mortgage are examined, together with the law and guidance that govern the rights of the relevant parties under these agreements. The Mortgage Rescue Scheme, the Mortgage Pre-Action Protocol and the Mortgage Pre-Action Protocol checklist, plus the regulated agreements under the Consumer Credit Acts; all these -- and more -- are covered. Particularly useful are the eight appendices which include, for example, court forms...the SPR Rules 1998 and Practice Directions... checklist and precedents...and other supporting material, also, included as customizable documents on the accompanying CD-ROM. As you would expect, there are extensive tables of cases, statutes, statutory instruments and European legislation to help with your further research. The law is stated as at end August 2011.
Views: 429 Phillip Taylor
Introduction To European Tax Law
BOOK REVIEW INTRODUCTION TO EUROPEAN TAX LAW: DIRECT TAXATION 2nd edition Editors: Michael Lang, Pasquale Pistone, Josef Schuch, Claus Staringer Spiramus ISBN: 978-1907444-11-1 www.spiramus.com A PRACTICAL GUIDE FOR PRACTITIONERS THROUGH THE COMPLEXITIES OF EUROPEAN TAX LAW An Appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers For those of you who are experts either in European law, or tax law, but not both, we would certainly recommend this book from Spiramus publishing. Now in its second edition, it's designed to address the needs of students and scholars as well as practitioners who may initially feel a bit daunted by European tax law and require expert guidance through its complexities. Basically 'Introduction to 'European Tax Law: Direct Taxation' is targeted at two kinds of practitioners: tax law experts who seek greater familiarity with the problems of compatibility with European law...and those with expertise in European law generally who wish to enhance their understanding of European tax law specifically. Acquiring such expertise is almost undoubtedly a good idea in furthering the future progress of your career, as European law is fast emerging as a strategic element in international tax planning pertaining to cross-border commerce anywhere in the EU. The book originated as a joint project conducted at the Institute for Austrian and International Tax Law (WU) in Vienna and brings together in one handy volume the work of the nine expert researchers who contributed. The new second edition is an augmented update of the first, with additional flow charts and a Table of ECJ case law as well as Tables of Equivalences of Relevant Treat Provisions for Direct Taxation. In our opinion, the key to the subject (which typically the EU tends to present as more abstruse and opaque than it ideally ought to be) is in Vanessa Englmair's essay on Page 43 which in part discusses 'The Fundamental Freedoms': namely, the free movement of goods, the free movement of workers, the freedom of establishment, the freedom to provide services and the free movement of capital. 'It is the last four fundamental freedoms,' she says, (that) 'in particular have an impact of direct taxation.' We would have thought that a clear statement such as this should really function as an introduction to the entire volume, for surely in one way or another, it links all the commentary on direct taxation contained therein! The book nevertheless is a worthy compilation of valuable and insightful research. Practitioners and academics throughout Europe should therefore find it a most worthwhile acquisition for their law and tax library.
Views: 1090 Phillip Taylor
Lord Mansfield. Justice in the Age of Reason- long review
BOOK REVIEW LORD MANSFIELD Justice in the Age of Reason By Norman S Poser McGill-Queen's University Press ISBN: 978 0 7735 4183 2 www.mqup.ca AT THE BIRTH OF THE MODERN COMMON LAW, LORD MANSFIELD WAS 'HIS COUNTRY'S PRIDE' An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers If you are an English lawyer, whether barrister or solicitor, you will have heard of the name and fame of Lord Mansfield without necessarily knowing much about him. If you are an American or Canadian lawyer, interestingly, you'll probably know a little bit more about him but not a lot. But more of that later! It is a pleasure therefore, to review Norman S. Poser's new biography of this renowned personality rightly described as eighteenth century Britain's most powerful judge. It is perhaps startling to be reminded that until the publication of this book from McGill-Queens University Press, there apparently has been no full-length life story about Mansfield written in modern times. Such was Mansfield's influence on the development of English common law that, as the publishers point out, 'his decisions continue to influence the legal systems of Canada, Britain and the United States of America to an extent unmatched by any judge of the past.' Or, in Poser's words, 'his influence on the law of the English speaking world, evidenced by the fact that the United States Supreme Court has cited his decisions over 330 times, has continued into the twenty-first century.' It may come as a surprise to some, but not others, that Lord Mansfield has been referred to by at least one historian as 'arguably the most famous and influential Anglo-American judge of the modern era.' 'Anglo-American' might not have been a term Mansfield would have applied to himself. With a reputation as a defender of the existing order, Mansfield was a vigorous and outspoken opponent of the American War of Independence, calling the Boston Tea Party 'an act of high treason.' His militant opposition to the colonists dictated British policy during the 1770s, says Poser, and 'led to armed conflict and the loss of the colonies.' Putting all this in perspective however, Mansfield in most respects was a modernizer. His judicial decisions led to the modernization of British commercial law and the eventual abolition of the slave trade in England -- a stance which would certainly have put him at loggerheads with many of the founding fathers of America, many of whom may have disapproved of the unpleasant aspects of slavery, but who nonetheless owned slaves. An intensely private person, Mansfield nevertheless loved his busy social life and cultivated innumerable contacts in the political sphere as well as religion, business, literature and the arts. Described as 'his country's pride' by Alexander Pope, his circle included William Pitt the Elder, Sir Joshua Reynolds, David Hume, and the biographer of Dr. Johnson, James Boswell. In writing this carefully researched and entertaining biography, Poser has also painted a vivid and detailed picture of the turbulence and intellectual ferment which characterized the world of the eighteenth century Enlightenment. This is an important new book, which will doubtless interest historians and the general public, as well as legal practitioners.
Views: 687 Phillip Taylor
Partnership Law
BOOK REVIEW PARTNERSHIP LAW The Modern Law of Firms, Limited Partnerships and LLPs Fourth Edition By Mark Blackett-Ord and Sarah Haren Bloomsbury Professional ISBN: 978 1 84766 569 0 www.bloomsburyprofessional.com LIMITED LIABILITY PARTNERSHIPS, LIMITED PARTNERSHIPS AND FIRMS EXPLAINED -- AND BY THE WAY, WHAT EXACTLY IS A 'PARTNER?' An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Clarification is the aim and raison d'être of this superb work of reference which is not only thorough and scholarly but readable too and, therefore, of immense value to practitioners or their clients involved with LLPs, limited partnerships and firms. The nature of these entities can be complex if not confusing. We don't know that many lay people who realize -- as author Mark Blackett-Ord remarks in the Preface -- that LLPs (limited liability partnerships) are not 'partnerships', nor do they have 'limited liability.' The fact that they are generally tax free and that they generally shield their members against negligence claims is what makes them popular. The legislature applies most of the provisions of the Companies Act 2006 to them, but the judiciary treats them as partnerships. Confused? You won't be when you read this book. In this the latest edition, published recently by Bloomsbury Professional, these points are clarified in the relevant chapters, namely Chapters 24 and 25. Certainly the very nomenclature inherent this fascinating area of law inevitably generates confusion, as certain terms have shifted in meaning over the years. A 'firm', for example, has a specific meaning (clarified in this book), but newspaper editors and other media folk, for reasons of convenience and space probably, are using it to describe just about any kind of 'company', including PLCs. As for the word 'partner,' the authors seem resigned to modern realities, if somewhat annoyed by them, remarking that when the first edition of the book was written, the term "partner" meant 'someone with whom you did business, not someone you went to bed with.' In the brief, but intriguing 'Other Entities Akin to Partnerships' section of the book, the sub-section on 'Marriage; boyfriends and girlfriends states unambiguously that 'unmarried couples are commonly called 'partners', but their personal relationship does not make them partners in the legal sense.' Well, point clarified here -- and point taken; another example in our view, of precise and analytical legal minds striving for clarity, while the public, press and media of course, cheerfully and heedlessly muddy the waters. We mention all this merely to impart a flavour of this wide-ranging work of scholarship,(of almost 1,000 pages) with its extensive coverage of every aspect of partnership law, as a quick trawl through the table of contents -- and the index of over 60 pages will reveal. Research resources abound, including almost 100 pages of tables of statutes, statutory instruments and cases, together with ten appendices. The law, 'stated in our opinion only,' as the author puts it, 'is intended to be as at 1 November 2011.' We can't resist quoting what the author has quoted from the translators of the King James Bible (1611) about the savagery of public comment if you put anything noteworthy before the public at all: 'Whosoever attempteth any thing for the public...the same setteth himself upon a stage to be gloated upon by every evil eye, yea, he casteth himself headlong upon pikes, to be gored by every sharp tongue.'
Views: 902 Phillip Taylor
Roman Law and the Origins of the Civil Law Tradition  long clips
BOOK REVIEW ROMAN LAW AND THE ORIGINS OF THE CIVIL LAW TRADITION By George Mousourakis SPRINGER PUBLISHING ISBN: 978 3 31912 267 0 www.springer.com CLEAR AND ACCESSIBLE COMMENTARY ON THE INFLUENCE OF ROMAN LAW ON CONTEMPORARY LEGAL SYSTEMS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers For Scottish advocates (as opposed to English barristers or solicitors) Roman law holds less mystery and somewhat more significance than it does for their fellow professionals in England and Wales and other common law jurisdictions. The reasons why are numerous, varied and often complicated, but certainly understandable and in fact, clearly revealed in this brilliant book from Springer Publishing by George Mousourakis who hails from the University of Auckland, New Zealand. Apart from having to understand a few Latin terms, many of which are fast becoming obsolete, most lawyers, as well as law students have had little more than a passing acquaintanceship either with Latin, or with Roman history. However, on the principle that what has been done in the past invariably impacts on the present, just about anyone interested in the law will be interested in this book. It is about as clear a presentation as you are likely to get of how Roman law, directly or indirectly, has spread its influence through the civil law tradition and to a lesser extent, has had some bearing on the development of the Common Law. In the words of the author, the book is designed to offer students and general readers ‘an accessible and comprehensive introduction to the subject by combining the perspectives of legal history with those of political constitutional and social history.’ Readers are thus given a comprehensive overview not only of the history, but the fundamental principles and the major institutions of Roman law. ‘Roman law,’ says the author ‘deserves to be studied not merely as an important part of the intellectual background of civil legal systems, but also as an essential part of the history of civilization.’ He has therefore undertaken a prodigious amount of research at some of the best known academic institutions for legal study worldwide, including the Max Planck Institute for European Legal History in Frankfurt and the Max Planck Institute for Comparative and Private Law in Hamburg. Succinctly, yet in pertinent detail, he explains how Roman law evolved over a time span of eleven centuries – and how it came to be ‘the first catalyst in the evolution of the civil law tradition’. The book covers the historical and constitutional context of Roman law and its sources before examining private law, (including persons, property and succession) plus criminal law, the court system and the criminal justice process. In the final three chapters, the means by which Roman law provided the basis for contemporary civil law systems is explained. This section contains commentary on the influence (but not the reception) of Roman law in Britain, with a brief note on why Roman law is more closely linked to the Scottish legal system than that of England and Wales. It is worth pointing out that most books on classical history do not often focus specifically on Roman law. This one does -- and is therefore a welcome addition to the scholarship on the classical period. It will undoubtedly come to be regarded as an important acquisition for the well-stocked law library for lawyers and students alike. The publication date is cited as at 2015.
Views: 2827 Phillip Taylor
Principles of Mental Health Law & Policy
BOOK REVIEW. PRINCIPLES OF MENTAL HEALTH LAW AND POLICY Edited by Lawrence Gostin, Peter Bartlett, Phil Fennell, Jean McHale and Ronnie Mackay ISBN: 978-0-19-927936-4 Oxford University Press www.oup.com A MUCH NEEDED STATEMENT OF PRINCIPLES FROM THE EXPERTS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Many will agree that mental health law is confusing and the editors begin their Preface by writing of the shameful history of "benign, and sometimes malignant, neglect of persons with mental illness" from the past where the law plays a vital role in determining where persons with mental illness live, work and endure their everyday experiences. We now have a work which explains things in proper detail. So, it's with this backdrop that the 5 recognised experts in this function of law have come together to provide a statement of the principles for an area of law which is principally domestic in origin but now shaped by international norms and, inevitably, human rights. In 28 main chapters and 1,000 pages, the ambitious and diverse goals of the book are uncovered. The editors say that the book is doctrinal because it carefully examines the corpus of mental health law, regulation and guidance. As a result it's a rich resource for both practitioners and academics as well as laymen. The authors go beyond this aim to examine the theoretical and normative, offering perspectives on progressive mental health policy and examining empirical evidence such as tribunal functions and community treatment orders. What is equally admirable about the book is the intended audience which is a clearly diverse and robust one. The text is widely accessible to all and the writers have succeeded in reaching a broad constituency ranging from law and government, health professionals, social work and those concerned for the welfare of one of the most vulnerable and disadvantaged populations in our society. The way the five parts of the book are assembled is by giving the individual editors specific chapters to cover in the detail they are familiar with. It's a heavy work in all senses and strives successfully to become what it will undoubtedly achieve now and that is an enduring resource for all involved in the humanity and welfare of persons living with mental disabilities. Each of the excellent experts does achieve this interwoven set of goals to create a statement of mental health law principles which are so needed at the present time after the indecisions of past parliaments.
Views: 1913 Phillip Taylor
Beginning Medical Law
BOOK REVIEW BEGINNING MEDICAL LAW Companion website By Claudia Carr Routledge Taylor & Francis Group ISBN: 978 1 13801 302 5 And an ebook www.routledge.com AN EXCELLENT FIRST STEP TO UNDERSTAND WHAT MEDICAL LAW AND ETHICS ARE ALL ABOUT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers As Claudia Carr explains in her excellent text book on the subject of Medical Law, “medical law and ethics is a relatively new area of law that is growing in complexity by the day”, so she presents this basic primer in easily understandable terms dealing with both contemporary and current controversial issues. As with all the Routledge text books, this particular title is probably the best on the market as an introduction to the way in which “Medical Law” operates in England and Wales for those new to this developing subject. Carr adopts a clear and simple approach with legal vocabulary which is carefully clarified throughout the book. One of the main reasons why we consider the Routledge series of legal textbooks to be of outstanding value both in terms of cost and in content is the way in which their authors (all legal experts) explain substantive legal issues in such a readable fashion. For both tutors and students, a decision on which textbook or revision book to use is always difficult but it is clear to us from the feedback we have received from students that the Routledge texts lead the legal field. Many of their titles also have excellent links to websites sometimes marked as ‘companion websites’ which also add much assistance to the hard-pressed learner and is a great additional tool for all. We would also say that the formats used by Routledge for their books are very much of a mainstream formula for legal texts which eases the student into methods of legal reasoning for those just beginning their legal studies and for all undergraduates: they certainly helped us with our preparation so do ensure you look very carefully at all the titles they have on offer! Carr uses diagrams, tables and what she calls ‘on-the-spot questions’ to make the subject come alive. For us, the companion website is an innovation! Therefore, do look at the features at the beginning of the book which will assist with your learning and engagement with the subject matter. The key definitions and the many key cases together with the learning objectives in each of the 13 chapters are of particular help to those new to the subject and the title remains an ideal first introduction to Medical Law for undergraduates and anyone interested in this growing area of substantive law for 21st century. The law is stated as at 1st August 2014.
Views: 943 Phillip Taylor
Business Intelligence for Law Firms
BOOK REVIEW BUSINESS INTELLIGENCE FOR LAW FIRMS By Zena Applebaum The Ark Group ISBN: 978 1 908640 55 0 (hard copy) 978 1 908640 56 7 (PDF) www.managingpartner.com HOW TO HARNESS BUSINESS INTELLIGENCE TO YOUR ADVANTAGE: ACCESS THIS EXPERT ADVICE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers You may or may not have heard of BI -- Business Intelligence, but either way -- especially if you are involved in business development for a law firm -- you could enhance your competitive advantage by acquiring this latest publication from the Ark Group. The book's glossary offers as succinct a definition of business intelligence as you're likely to get anywhere, namely: the ability of an organization to take all its capabilities and convert them into knowledge, ultimately getting the right information to the right people, at the right time via the right channel. The author Zena Applebaum therefore points out that information and data as such is all around us via the internet, social networks and so forth. What is important about it is the ability to turn information into intelligence -- and intelligence into action. This, she says, is the ultimate business strategy. The resulting competitive advantage that BI delivers comes from the ability to tag, categorize, store, retrieve, analyze and ultimately use the right information at the right time. Business intelligence, therefore has become a very contemporary business discipline over a number of business sectors, among them legal services, although note that BI in law firms is a relatively new concept. Published in report format with accompanying PDF, this publication delivers virtually everything you need to know about business intelligence, including its practical applications and the resulting benefits. The author, who is based at a Toronto law firm which practices internationally, is assisted in these aims by eight contributors, each an expert in particular aspects of this field, from pricing arrangements and service delivery models to IT, CRM, security, marketing and of course, much more. In the author's words, this report is 'aimed at a broad law firm audience and is based on the premise that all administrative groups within a firm should be working together to provide collaborative intelligence inputs for BI'. The report starts by explaining the differences between BI, market intelligence and competitive intelligence and ends with an industry insider's view on future trends. There are four case studies, including one on legal project management involving the use of process mapping and another on the future of big data in law firms. Speaking of future trends, Business Intelligence, by whatever label it is known, can only enhance the future prosperity of law firms, via the greater efficiencies, and the more timely and better informed responses to client needs that it facilitates and promotes. If you need to acquire the latest thinking on BI, this book certainly provides you with the insights, methods and analyses that can help you move your own BI-based projects forward.
Views: 333 Phillip Taylor
CPAG - Winning your benefit appeal
BOOK REVIEW WINNING YOUR BENEFIT APPEAL What you need to know By Simon Osborne CHILD POVERTY ACTION GROUP ISBN: 978 1 90607 677 1 www.cpag.org.uk A NEW AND IMPORTANT “HANDS ON” ADVICE HANDBOOK & GUIDE FOR SOCIAL SECURITY BENEFIT APPLICANTS FROM THE CHILD POVERTY ACTION GROUP (CPAG) An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers If you are appealing against a decision about your entitlement to social security benefit then this excellent practical guide from the Child Poverty Action Group (CPAG) is for you! The author, Simon Osborne, is a welfare rights worker at CPAG and he offers constructive advice on how to prepare, construct and present a successful appeal with essential practical guidance on how to win your appeal. There are not that many ‘hands-on’ books available for this type of appeal and the tactical tips provided will be of great use to applicants who may well be very much in awe of the entire process as many are vulnerable persons. The work also includes a sample submission to make the process more understandable. It gives invaluable support to both applicants and advisers in this difficult area of welfare law and will be a great friend to the applicant. This title “Winning Your Benefit Appeal”, with the sub title “what you need to know” does just that. Like other CPAG titles covering all aspects of what are ‘difficult’ areas of welfare law has become well established and highly regarded. It makes a major and certainly vital contribution to the aims of the CPAG, which exists to ‘promote action for the prevention and relief of poverty among children and families with children.’ Do read the introductory chapter which sets the scene on how to use this guide book: always check the rules which may affect you and find out about the procedures which can be confusing at first. Remember you do not have to be legally qualified to represent yourself so the book is easy to use, jargon-free with clear advice and useful examples. The biggest single problem both for applicants looking for advice and for advisers is that the law determining benefit entitlements is both unnecessarily complex and frequently changing: a problem now covering many other areas of welfare law as well. Do look at the glossary of terms in Appendix 1 which we found most helpful. There are seven main chapters in about 150 pages and they cover the following: an introduction; the appeals system; making an appeal; preparing your appeal; illness and disability appeals; the appeal hearing; after the appeal; and then a glossary. Thank you, Simon Osborne and CPAG, for maintaining these high levels of advice for your guides and handbooks for the vulnerable because they really do make the difference with how to avoid pitfalls and to maximize your chances of success on appeal.
Views: 2054 Phillip Taylor
Running a Charity
BOOK REVIEW RUNNING A CHARITY 4th edition By Mark Mullen Jordan Publishing Also available as an ebook ISBN: 978 1 78473 021 5 www.jordanpublishing.co.uk COMPULSORY READING FOR ALL WHO ADMINISTER OR ADVISE CHARITIES An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The charity world has been going through massive change in the last few years as publicity about their methods of recruitment to the cause remain controversial to many people, whilst criticism of charitable giving can appear mean-spirited. This excellent short book, and ebook, in five chapters by Mark Mullen is deceptively informative and a most important title for those running charities. Mullen mixes straightforward factual statements about the nature of charities with most helpful legal content which will be of great benefit to both laymen and lawyers alike. Some basic current facts about charities are set out in the Preface by Mark Mullen and worth highlighting, for instance, that in September 2014 there were more than 164,000 charities registered in England and Wales- a staggering number in comparison with the past. This work is now in its fourth edition and both highly thought-off and a most successful title for what is clearly a wide readership. We have found that “Running a Charity” remains resolutely popular and a user-friendly read for both the professional and the lay person alike, giving clear guidance on the legal implications of setting up and running a charity in the United Kingdom. The book includes coverage of the UK’s constitutional requirements and deals effectively with money and property matters, fundraising (the current contentious area!) and the functions of the trustees. In addition, the book offers very informative appendices covering all the main documents required for setting up and running a charity. There are full details of useful sources of further information. In addition, Mullen has updated his book to include the following significant areas of recent reform: the Charities Act 2011, the Companies Act 2006, and the introduction of charitable incorporated organizations. It also covers the regulatory developments in both Scotland and Northern Ireland, and it provides up-to-date information on new Statements of Recommended Practice and reporting requirements. Probably the final word must be given to the role of the trustees of charities themselves who are facing ever more intensive scrutiny of their activities whilst keeping up with legal developments and the regulation of this sector. Mullen’s book succeeds with his intention of offering some pointers to both charity specialists and also non-specialist advisers. It is important to remember that other jurisdictions are mentioned in the book by way of comparison on how the charity mechanism actually works. Do bear in mind that the book is not intended to give legal advice so charity trustees are encouraged to consult the relevant professionals, or seek the assistance of their regulator if the occasion arises and that is the beauty of the book… its wide, yet detailed and knowledgeable appeal. The law is stated as at January 2015.
Views: 570 Phillip Taylor
Insuring Cargoes
BOOK REVIEW INSURING CARGOES A practical guide to the law and practice By K.S. Vishwanath ISBN: 978-1-905-331-956 Witherby Publishing www.witherby.com THE ACTUAL PRACTICE OF MARINE CARGO INSURANCE PRINCIPLES An Appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers If you're reading or watching this review, you are probably a shipping practitioner faced with complex claims which tend to hinge on detail and minute practicalities. Or perhaps you're an insurer, owner, or claims adjuster confronted by complicated underwriting issues. If you're in any way professionally involved in marine cargo insurance, read this book. You could well find the answer to most -- if not all -- of your enquiries in it. As you'll discover, it's thoroughly researched and readable -- and in our view (although we are not experts in this field) it should be required reading, not just for legal practitioners, but also -- as the author points out -- for underwriters, brokers, forwarders, surveyors, P & I Clubs, cargo owners and shippers. The sub-title, 'a practical guide to the law and practice', is certainly apt. As Vishwanath is an underwriter and adjuster himself, the emphasis is placed on what has happened, what can happen, and what actually does happens to marine cargoes -- and the insurance implications and consequences which can result. To cite only one example; the consequences of an improperly drafted insurance policy on a cargo can be financially disastrous, whether for individuals or companies. This book can certainly alert practitioners and all others concerned to the contingencies and risks that may impact on a particular cargo and on a particular voyage. The specific aim here is obviously to construct insurance cover that is -- no pun intended -- watertight! Unlike most other books of its kind which focus on the London market and on risks placed in that market, Vishwanath's book is global in its scope and orientation, with detailed comment on and almost innumerable case references to, issues and events drawn not just from London, but from a number of other jurisdictions, including France, Norway and the US. The book is also an invaluable source of technical information in plain English, much of it illustrated graphically with photos and diagrams. It's therefore intelligible not just to the techies of this world, but to the general informed reader. For further ease of reference, crucial points are highlighted and footnoted where appropriate. Of particular note, there's an exhaustive and highly detailed chapter four on Incoterms and Insurable Interest included in this edition, with a separate chapter on Seller's Contingency Insurance. None of the contemporary books available on the insuring cargoes contain such a detailed commentary on practical issues concerning these topics which will be most useful to some readers. So, for practitioners and insurance professionals, not to mention students in this field, 'Insuring Cargoes' is a welcome contribution to the literature of cargo insurance and the development of coverage and clauses in international markets, describing in a refreshingly topical way the actual practice of the principles involved.
Views: 795 Phillip Taylor
Lean Six Sigma for Law Firms
BOOK REVIEW LEAN SIX SIGMA FOR LAW FIRMS By Catherine Alman MacDonagh ISBN: 978 1 78358 111 5 ARK GROUP http://www.managingpartner.com/bookshop ENHANCED EFFICIENCY AND SUPERIOR RESULTS FOR LAW FIRMS – A NEW MANAGEMENT TOOL An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers If you’re a practitioner looking for ways and means to conduct your business more profitably in today’s increasingly competitive global markets, you would be well advised to have a read of this recent publication from Ark Group. If you find the title somewhat mystifying, ‘Lean Six Sigma’ is the designation of a set of processes; a management tool aimed at helping you gain competitive advantage and optimize client care at the same time, in a now overcrowded legal marketplace. As described by the author, Catherine Alman MacDonagh, ‘Lean’ and ‘Six Sigma’ (sometimes referred to separately and/or interchangeably) are process improvement tool kits for law firms. ‘Process improvement’ in this context is explained in detail, but to summarize, ‘Lean’ is about simplifying process -- reducing steps --- increasing speed -- eliminating waste and improving productivity. ‘Six Sigma’ focuses on reducing and controlling variation. ‘Lean’ and ‘Six Sigma’ combined are about determining the right things to do (Lean) and then doing them right (Six Sigma). Why the Greek letter ‘Sigma?’ We don’t know either. No doubt one can discern the explanation by intensive study of this text, but this is a minor and actually immaterial point. The aim of this book, which is presented in handy management report format, is fundamentally to convince lawyers of the benefits of systematizing their methodologies as appropriate to the work they do. Interestingly, the senior vice president and general counsel of DuPont Legal, Thomas L. Sager, has written an encouraging foreword to the book in which he describes the successful implementation over a number of years, of what has become known as the DuPont Legal Model, which exemplifies the principles of the ‘Six Sigma journey,’ under the broad heading of process improvement. Enhanced efficiency and superior results are only two of the positive outcomes mentioned. Also noteworthy is the article by award-winning legal writer, Jonathan Furlong, who builds a convincing case for Lean Six Sigma as a catalyst for success within any law firm, quite simply because -- if properly and logically implemented -- it works. Process-driven and systematic methods have demonstrably achieved positive results at a number of law firms both in North America and the UK. ‘The day of the haphazard lawyer,’(who operates on intuition and experience) ‘is drawing to a close,’ says Furlong, adding that ‘the process-driven lawyer, disciplined, procedural, systematic’ is the success model for the future. ‘Madness lies not in method,’ he declares, ‘but in its absence.’ If all this sounds a bit controversial, or debatable, or a trifle “gloom-and doom”, we are reassured that ‘process’ does not denigrate intellectual gifts; it serves to discipline and improve upon them. As a pioneering concept developed only a few years ago, process improvement will predictably emerge as the way of the future, particularly in progressive law firms receptive to the need for change. This book very usefully describes in practical terms, how this and related methodologies can be implemented in -- and adapted to -- any legal environment. Any law firm, or set of chambers for that matter, interested in creating a successful shift to modern management methods, should set about acquiring this book.
Views: 567 Phillip Taylor
The Handbook of Maritime Economics and Business
BOOK REVIEW THE HANDBOOK OF MARITIME ECONOMICS AND BUSINESS: MARINE INSURANCE LEGISLATION 2nd edition Edited by Costas Th. Grammenos ISBN: 978-1-84311-880-0 Lloyds List, London NEW FROM LLOYD'S -- AND THE LATEST FROM THE GRAMMENOS LIBRARY... AN INDISPENSABLE REFERENCE BOOK ON ECONOMIC AND BUSINESS ISSUES IN THE WORLD OF SHIPPING An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers If you're professionally involved in the world of shipping, whether novice or experienced practitioner, student or senior academic, you're probably familiar with now well known first edition (published in 2002) of this expertly compiled and thoroughly researched Handbook. This 2nd edition, published June 2010 offers a wealth of new material reflecting the numerous and profound changes that have affected shipping markets in these intervening eight years, but more of that later. One of the latest publications from Lloyd's, this edition incorporates within its 1000+ pages a compilation of definitive articles on a wide range of shipping topics from forty of the world's top academics from 30 universities in 18 different countries, ranging alphabetically from Professor Patrick M. Alderton to Professor Manfred Zachcial. Read their biographical details in the 15-page List of Contributors and prepare to be astounded. What a world of expertise and authority between two covers! Interestingly, Alderton, to cite only one example, is particularly noteworthy in our view for having run away to sea age seventeen and 'trying most types of ships' before embarking on his formidable academic career. No ivory tower theorist he—combining both practical and theoretical insights as appropriate, as do the majority of his fellow contributors. As editor Professor Grammenos states, the Handbook has been directly or indirectly influenced by the event of 21st century's first decade; from the explosive growth rates in China, to the emergence of world recession with all its problems, including the US subprime crisis and the 'toxic products' it engendered. Consequently there is considerable new material in the Handbook, from an analysis of freight rates fluctuations...to measures for controlling air pollution from ships... to a discussion of capital markets as a source in shipping finance. The range of shipping issues presented is certainly broad, not to mention thorough, from International Seaborne Trade and Shipping Investment Finance and Strategy, to International Logistics and IT. The index is satisfactorily detailed and the number of bibliographical references (mostly in the end-notes which append each chapter) is vast -- and a treasure trove of sources if you're undertaking research. The Handbook, in short, is an important work of reference which will prove of immense value to everyone involved in the economic and business aspects of shipping.
Views: 1608 Phillip Taylor
Service Charges
BOOK REVIEW SERVICE CHARGES Law and Practice Fifth Edition Philip Freedman, Eric Shapiro, Brian Slater Jordans ISBN: 978 1 84661 247 3 www.jordanpublishing.co.uk LANDLORD? TENANT? LAWYER? AGENT? THIS BOOK ON SERVICE CHARGES DOES MUCH TO UNCOMPLICATE A VERY FRAUGHT SUBJECT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Service charges, obviously, are required of tenants both of residential and/or commercial properties as payment for services provided by the landlord for the upkeep and maintenance of their flats or offices. Commercial and residential tenants alike are always keen to whittle down the costs of service charges, except that sometimes they may not take into account the long term impact on the upkeep of the building. Such tenants, particularly leaseholders worry about reduced resale value if their service charges are too high. In situations like these, the potential for conflict between landlord and tenant is all too apparent. Enter the law of the land, which this excellent book sets out to summarise, with accompanying expert commentary, guidance and advice. Author Brian Slater, a chartered tax adviser is a tax principal at Finers Stephens Innocent. Philip Freedman QC hails from Mishcon de Reya and Eric Shapiro is an expert on property matters. So be you landlord, tenant, or lawyer, or perhaps an agent, here in handy paperback format, is a reliable and authoritative source of guidance on management practice with respect to service charges and to related tax and accountancy matters. The popularity and usefulness of this work of reference is borne out by the fact that it has now gone into a fifth edition -- published by Jordans -- and updated to take into account over thirty new LVT (Leasehold Valuation Tribunal) cases. Also taken into account is the new RICS (Royal Institution of Chartered Surveyors) Code of Practice for Service Charges in Commercial Property, a modernized new edition of which was issued in 2011. There's much more besides in this indispensible volume which does ease the way through this fraught subject by assisting with the practicalities. For example, there are specimen service charge clauses, model accounts, notices and certificates, including new material on Energy Efficiency Certificates, Display Energy Certificates and green leases. In all, the book excels as a research tool as well as a guide, with extensive tables of cases, statutes and statutory instruments. There's also a very detailed table of contents and index to facilitate looking things up. The law on service charges is stated as at 1 January 2012.
Views: 509 Phillip Taylor
Tribunal Practice and Procedure
BOOK REVIEW TRIBUNAL PRACTICE AND PROCEDURE Tribunals under the Tribunals, Courts and Enforcement Act 2007 Second Edition by Edward Jacobs ISBN: 978 1 903307 92 2 Legal Action Group www.lag.org.uk FROM THE LEGAL ACTION GROUP -- THE DEFINITIVE GUIDE TO TRIBUNAL PRACTICE AND PROCUDURE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers If you're a practitioner preparing a case for a tribunal or representing a client at a tribunal under the new integrated system, 'Tribunal Practice and Procedure' is the guide for you. Recently published by the admirable Legal Action Group (as of 11 March 2011), this is the most comprehensive and authoritative guide available, to the new integrated system which now pertains to all types of tribunals, from employment through to immigration. The new integrated tribunal system was of course created by the Tribunals, Courts and Enforcement Act 2007, enacted in response to the then pressing need to rationalize and harmonise the former 'hotchpotch' of different rules which governed a variety of different tribunals. Now that the new system is firmly in place, the intention of Edward Jacobs' book is to provide a structured approach to -- and a detailed understanding of it. Jacobs points out that the rules of procedure under the Act are broadly identical (for the most part) for the whole of both the Upper Tribunal and the First-tier Tribunal. Rather than providing a step-by-step guide to the Rules -- which are reasonably easy to follow -- the book endeavours to provide 'a context and a framework' within which the Rules can be applied. Since we reviewed the first edition, this new second edition takes full account of the many additional changes in the tribunal structure since publication of the first edition in 2009, together with the amendments to the rules of procedure. The book analyses key procedural decisions are analysed and practical advice is offered, not merely for practitioners, but for tribunal members (whose stance needs to be objective and neutral) as well as those who find themselves appearing before them. Jacobs, is one of the founding judges of the Upper Tribunal, assigned to the Administrative Appeals Chamber and ideally placed -- and certainly expert in advising on all aspects of the tribunal process, including, for example, obtaining and assessing evidence to writing decisions and applying for adjournments, as well as advocacy techniques. We found the section on Appeals particularly illuminating as is the chapter on evidence. Copiously footnoted, the book contains a detailed index and, as you would expect, tables of cases, statutes, statutory instruments and a table of European and International legislation. The appendices include the 2007 Act itself and The Tribunal Procedure (Upper Tribunal) Rules 2008. The author points out that the Act applies to England the text does refer to certain differences -- mainly of terminology -- in Wales, Scotland and Northern Ireland. The book would therefore be useful for practitioners and interested parties in all UK jurisdictions. 'A major contribution to this developing area of law,' says Lord Justice Carnwath in the Foreword of this important work -- and so it is. If you are in any way involved in tribunals, or expect to be, this book from LAG is a must-have purchase.
Views: 2105 Phillip Taylor
Transnational Commercial Law
BOOK REVIEW TRANSNATIONAL COMMERCIAL LAW International Instruments and Commentary 2nd Edition By Roy Goode, Herbert Kronke, Ewan McKendrick, and Jeffrey Wool ISBN: 978 0 19 958286 0 www.oup.com FOR PRACTITIONERS IN GLOBAL BUSINESS: A WELCOME 2nd EDITION OF 'TRANSNATIONAL COMMERCIAL LAW'. An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Business is now global and so too, obviously, is commercial law, which, like the world of business itself, changes continuously. Commercial lawyers virtually everywhere will welcome this new second edition of 'Transnational Commercial Law' recently published by the Oxford University Press. The new edition incorporates and closely examines the numerous and diverse developments in transactional commercial law that have taken place since the publication of the first edition seven years ago. The work as a whole has undergone comprehensive revision to include numerous new international instruments and additional ratifications of existing conventions, so there is much new material. For example, in Chapter 2 the third edition of the UNIDROIT Principles of International Commercial Contracts published in 2011 replaces the second edition. In Chapter 3, the 2005 UN Convention on the Use of Electronic Communications in International Trade has been added. There's an overview of the convention on carriage of goods by sea, road and air in a new Chapter 5... and in Chapter 6, the new codified version of the First Company Directive which deals with agency and distribution, now appears. We could go on, but suffice to say that the list of incorporated new material is formidably lengthy; all the more reason why, if you are professionally involved in commercial law you need the expertise, the scholarship and above all, the authority provided by this book. The structure is logical. For example, introductory text is provided at the beginning of each of the thirteen chapters which cover an incredibly wide range of subject matter, including the various relevant aspects of contract law, from international sales and carriage of goods to agency and distribution... international credit transfers and bank payment undertakings... cross-border insolvency... conflict of laws... international civil procedure and of course, much more. Of particular relevance to just about everyone involved in international trading is the chapter which covers electronic commerce with its 'efficient alternatives to paper-based contracting' as the authors have put it. It seems that, predictably and understandably, the law carries on struggling to keep up with the relentless advance of internet technologies and facilities such as social networking. As the authors trenchantly admit, 'electronic commerce exposes the incompleteness of legal rules applicable with the geographic limits to which technology is impervious.' For practitioners with internet shopping clients, the introductory text here makes for enlightening reading, together with the list of key instruments (UNCITRAL 1996 and 2011), two EC directives and all four chapters on the United Nations Convention on the Use of Electronic Communications in International Contracts. In our view, this latest edition of this authoritative work, with its wealth of new material and detailed content, is an essential requirement for practitioners within this area of law, as well as those undertaking research. Extensive research resources abound, including copious and detailed footnoting, a lengthy index and extensive tables of cases and of statutes. The publication date is cited as at January 2012.
Views: 971 Phillip Taylor
A Practical Approach to Criminal Procedure
BOOK REVIEW A Practical Approach to Criminal Procedure Thirteenth Edition By John Sprack Oxford University Press ISBN: 978-0-19-958600-4 www.oup.com A MINE OF PRACTICAL ADVICE FOR THE CRIMINAL PRACTITIONER An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Rumpole of the Bailey was a fiction! Well, we all know that. But what the learned author of this valuable and scholarly book points out is that, however delightful he was as a character, 'John Mortimer's masterly creation' is 'for good or ill (a) stereotype... totally at odds with the truth.' So, if you're a criminal practitioner, you're no doubt very much aware that good old Rumpole is no role model, at least, not nowadays. What you need instead is detailed knowledge of the law, including interpretative case law both to represent your clients effectively and of course to enhance your professional reputation, and that is what we have here. John Sprack's book, as its title indicates, is indeed a practical approach to criminal procedure and an important legal gem for the trainee barrister. Now in its 13th edition since the first appearance in 1981, it very usefully replaces the previous edition published in 2008 in 'the shadow of the Criminal Justice Act.' Certainly, in the last three years, a number of important developments have emerged. For example, Sprack cites the growing importance of the Sentencing Council following the Coroners and Justice Act 2009 with its provisions for anonymous and vulnerable witnesses. Then there are the youth rehabilitation orders as set out in the Criminal Justice and Immigration Act 2008, brought into force toward the end of 2009. Also, there has been a new version of the Criminal Procedure Rules containing significant revisions 'of crucial daily importance to practitioners'... and all well covered by OUP's Blackstone Guides. Over almost 600 pages, 30 chapters and 3 fascinating appendices, this eminently readable volume also provides an expanded section of Confiscation Orders, plus coverage of new case law relating to such issues as abuse of process, tainted acquittals and jury tampering, as well as witness anonymity. There are copious tables of cases, statutes, statutory instruments and codes of practice -- plus, as you would expect, a useful and lengthy index at the back. More than just useful, in fact essential, is the final chapter on 'Your Practice' which contains any amount of advice on further research, including practitioners' works... law reports and journals...online sites and further professional training. One of the three appendices includes a sample brief on the type of case the typical practitioner is likely to encounter -- amusing but deadly serious. The law is stated as at 15 December 2010. In short, it remains a mine of valuable practical and procedural information and advice for the criminal practitioner and those just coming to the Bar.
Views: 1211 Phillip Taylor
English Legal System 2010 2011 law cards
BOOK REVIEW. ENGLISH LEGAL SYSTEM 2010-2011. Routledge Lawcards Series ISBN: 978-0-415-56662-9 www.routledgelaw.com THE IDEAL REVISION AID FOR YOUR FORTHCOMING LAW EXAMS ... WITH SUPPORTING WEBSITE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers We know any number of barristers, not to mention solicitors who would have dearly loved to have had this pocket sized guide to hand when they were studying to acquire a legal qualification. If you are a member of the current crop of law students reading for your law degree and/or the CPE/GDL, rejoice. This is as handy, succinct, yet comprehensive guide to the English legal system as you'll find anywhere. We would venture to say, no student should be without it. Seasoned practitioners too will find it useful as an instantly accessible reminder either for themselves or colleagues -- and the companion website is invaluable. 'English Legal System 2010-2011' covers the key examinable areas of the undergraduate law curriculum and the law conversion courses. As the title indicates, it's completely up to date, with new tables of cases, for ease of reference. Revision tips abound, with revision checklists covering those topics you will need to know for examinations and there are summaries of those key cases that are most likely to come up in those same exams. Material therein includes: the legal profession...the judiciary and judicial decision-making...the criminal courts and court procedure...the civil process...tribunal inquiries and alternative dispute resolution...the jury system and access to justice. Part of the amazingly useful Routledge Lawcards series, this is truly an excellent study guide, with colour coded highlighting, boxed sections, diagrams and bullet point summaries judiciously and logically placed throughout, plus a 'putting into practice section' which demonstrates by example how an essay question on an exam paper is supposed to be answered. There's no easy route to a law qualification, but nonetheless this guide does help you identify and learn the salient points of each area of the law. Check out the companion website for flashcard glossaries of key terms and multiple choice questions designed to help you test your understanding of structures and principles as you progress through the book and you will see how ideal it is for revision when you don't have lectures.
Views: 1155 Phillip Taylor
Remedies in Construction Law
BOOK REVIEW REMEDIES IN CONSTRUCTION LAW Construction Practice Series By Roger ter Haar QC and Camilla ter Haar ISBN: 978-1-84311-826-8 Informa www.informa.com MAKING A SUITABLE CASE FOR REMEDIES An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This book is seriously needed by the Construction Bar! The authors, father and daughter team Roger and Camilla ter Haar, have produced an essential statement of practice for both the academic and the practical elements of what we need to tell the clients in a construction case- what can I get? This is especially relevant where we are negotiating a settlement which can crop up quite frequently in this specialist area of law, often when the case is part heard because of the way the evidence has gone. The case law citations, the detailed index and the academic comment are great bonuses for this essential reference book for chambers. The book starts well with a description of what we do at the Construction Bar- in general we cover building, engineering and technology projects with particular reference to standard forms of contract although most disputes arise out of or in respect of construction projects. The term is quite loose today as it covers a number of linked substantive law areas and the remedies available in them. There are a number of books on the market covering the thorny issue of remedies for torts and breach of contract which are so intermingled in reality as to need the rigorous analysis demanded by the courts when remedies in these areas are sought. That is where 'ter Haar on Remedies' comes into its own. There are 25 chapters covering all the main areas: rectification, rescission, quantum meruit, termination, frustration, measure of damages, the 'black hole' cases, loss of profits and overheads, 'global' claims, costs and interest, set off, injunctions, specific performance, declarations, limitation and dispute resolution. It is worth looking at the last chapter on ADR in particular because there are some very handy hints on how the courts may well be viewing the timetable of proceedings in the future. It may well be that when there is a new edition of this work (as they surely must be!) that chapter 25 will be expanded as ADR itself expands. The authors have made out a great case for handling the issue of remedies with intelligent use of authorities although, as they say, it is not designed to cover or include a whole range of problems in commercial construction projects, but to give us an identification of the areas that are likely to be of interest when running a case- they do just that and 'ter Haar' has an important place in the chambers library in both the contract and the tort sections.
Views: 1139 Phillip Taylor
Drafting Commercial Agreements
BOOK REVIEW DRAFTING COMMERCIAL AGREEMENTS By Stuart Cakebread ISBN: 978-1-85328-604-9 Paperback + CD ROM www.lawsociety.org.uk FOR THE SMALLER PRACTICE-- A SIMPLE, CONCISE, TIME SAVING GUIDE FOR CONTRACTS DRAFTSMEN -- WITH ACCOMPANYING CD ROM An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This new publication from The Law Society is aimed squarely at a niche readership; i.e. the practitioner in a general commercial practice -- the backbone of the legal profession' says the author -- probably a provincial practice, or on a high street, or in London's West End. While not intended as a book on either commercial or contract law, 'Drafting Commercial Agreements' nonetheless aims to steer you, the busy practitioner through and around the most common pitfalls that lurk at the heart of what you do. Advice and tips aplenty are offered on what should be borne in mind when drafting any commercial contract. The range of flexible and adaptable precedents contained in this practical volume are designed to help you draw up agreements quickly and easily -- and the accompanying CD ROM facilitates customization of contracts to specific client requirements. Divided logically into three parts, the book examines the basic rules, structure and construction of a commercial contract in Part 1, while Part 2 deals with common commercial clauses, notably those relating to exclusion, limitation and liquidated damages, which the author duly notes, is the most difficult of commercial clauses. Part 3 comments on a broad range of commercial agreements, from agency to buying and selling businesses, to e-commerce, franchising, leasing, sale of goods, IT and much more...the main areas which a draftsman will encounter in his or her everyday work. A commentary is included for each chapter, although the author is quick to point out that there is 'no substitute for consulting a specialist volume on matters of complexity' and adds that the use of precedents, time saving though they are, should be based upon a firm grasp of the underlying principles and law which may one day inform a court having to decide the competing merits of two parties who no longer see eye to eye (if they ever did).' Here at last then, is a book -- guide book, actually -- aimed specifically at draftsmen, all of whom, no matter what the size of the practice, bear the responsibility of getting every aspect of the contract right and are eternally at pains to avoid error. If this is you, you need this book very definitely for the smaller practice.
Views: 653 Phillip Taylor
The Carriage of Goods and Passengers by Sea  Long clip
BOOK REVIEW INTERNATIONAL MARITIME CONVENTIONS: VOLUME 1: THE CARRIAGE OF GOODS AND PASSENGERS BY SEA By Francesco Berlingieri ISBN: 978 0 41571 9 841 INFORMA LAW FROM ROUTLEDGE MARITIME AND TRANSPORT LAW LIBRARY www.tandf.com THE LAW OF THE SEA: COMPLEX MARITIME CONVENTIONS EXAMINED AND EXPLAINED An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers For shipping lawyers, academics and students of maritime law worldwide, this book emerges as an in indispensable work of reference. It is the latest title from the highly regarded Maritime Transport Law Library published by Informa Law from Routledge. With at least thirty other titles in the series, Informa has established itself as the go-to publisher in maritime law and there is nothing to beat them! What is unique about this text is that it brings together in one volume all private international maritime law conventions -- all nineteen of them -- accompanied by expert commentary and analysis. As if all this weren’t enough, the book also examines a number of maritime conventions not yet in force, including the Rotterdam Rules. The author, Francesco Berlingieri, a specialist maritime lawyer based in Genoa, has completed a formidable task. Interestingly, his law firm is cited as the only firm to specialize in maritime law on (we assume) an exclusive basis. Genoa, by the way, rings a rather loud bell in maritime history, as we recall that Christopher Columbus was Genoese. The book contains detailed and complex subject matter, which fortunately is logically organised, with a detailed table of contents, a glossary and an index at the back, all of which facilitate navigation, (appropriately enough), i.e. looking things up. As the title indicates, Part I examines the carriage of goods by sea, while Part II deals with the carriage of passengers by sea. The focus throughout touches on the almost innumerable attempts to unify maritime law internationally, starting from about 1860 onward. The rather convoluted history of this process is summarized in the book’s excellent general introduction, the second part of which deals with the ways in which international conventions may be implemented and the need for a uniform interpretation of them. Time will tell whether a similarly protracted and complicated process will accompany any explorations of the Moon, (who owns it?) as well as Mars and eventually deep space. In his thorough coverage of conventions dealing with the carriage of goods and passengers by sea, the author deals with four conventions in particular, including the UN Convention on the International Carriage of Goods Wholly or Partly by Sea, 2008 (Rotterdam Rules). These are reproduced in Appendix 3 of the four appendices which include the Hague-Visby Rules… the Hamburg Rules… and the Athens Convention. This copiously footnoted book provides a rich source of references and research, including five tables, respectively, of conventions, cases, national legislation, European legislation and ‘travaux preparatoires’ (legislative history). Comprehensive, authoritative and scholarly, this book should eventually occupy pride of place in the library of every lawyer and advisor in maritime law. The publication date is 2014.
Views: 2011 Phillip Taylor
Tolley's International Tax Planning 2011 12
BOOK REVIEW TOLLEY'S INTERNATIONAL TAX PLANNING 2011-2012 By Robert Langston CTA Tolley LexisNexis ISBN: 978 0 7545 4070 0 www.lexisnexis.com INVOLVED IN INTERNATIONAL TAX PLANNING? HERE'S THE ESSENTIAL TAX GUIDE TO INTERNATIONAL AND CROSS-BORDER TAXATION ISSUES An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers In the ever changing area of international tax, having access to advice on the latest developments in tax planning is not merely essential; it's an imperative -- and here it is -- the expert advice you need in Tolley's International Tax Planning 2011-12. Author Robert Langston, of Saffery Champness, brings thirteen years' experience at Grant Thornton to the task of producing this indispensible guide, which focuses on international tax planning for companies. The book is particularly useful in that its complex subject matter is presented clearly and logically, as one look at the thirty-page Table of Contents will reveal. If you haven't found what you're looking for therein, there's a fifteen- page index, which like the rest of the book is precise and detailed. To further ease your path through the dense thickets of international taxation issues, each key topic is illustrated with examples, tables, graphs, charts and checklists Like Caesar's description of ancient Gaul, the book is divided into three parts -- all supported by the index. Part A deals with international tax principles and the UK tax provisions applicable to cross-border activities. There are sections here on planning techniques and basic principles, ideal as an introduction, or as reference for specialists. Part B provides transaction-based case studies and practice guides which deal with situations which you might commonly encounter in international tax planning, plus checklists (which we've previously mentioned) which cross-refer to Part A. Part C offers an overview of certain overseas tax systems, to include the United States, Canada, Australia, China, Germany, India and France. Within this framework, all the major issues in international tax planning are covered, including controlled foreign companies, EU law... double tax relief...withholding taxes...transfer pricing...cross border acquisitions...UK companies setting up overseas... and of course, much more. The 2011-12 edition from Tolley certainly contains a mine of new material, including new business migration and ideas for debt cap planning. Basic principles and planning opportunities arising from branch profits exemption are covered -- and there are new chapters on investing in the US, China and India. As would be expected with a work of this scope and stature, there are extensive tables of cases, statutes and statutory instruments. Despite problems with the world economy, business continues to go global, which means that no practitioner involved in, or advising on international tax issues can afford to be without 'Tolley's International Tax Planning 2011-12' readily to hand. The law and practice is stated as at August 2011 and in the author's words, 'may not reflect the current position' which of course continues to change, especially over a wide range of jurisdictions.
Views: 652 Phillip Taylor
Understanding the Nature of Law
BOOK REVIEW UNDERSTANDING THE NATURE OF LAW A Case for Constructive Conceptual Explanation By Michael Giudice Edward Elgar Publishing Limited Elgar Studies in Legal Theory ISBN: 978 1 78471 880 0 (book) 978 1 78471 881 7 (eBook) This book is available electronically in the Elgaronline Law subject collection DOI 10 4337/9781784718817 www.e-elgar.com www.elgaronline.com A CONTEMPORARY VIEW ON THE NATURE OF LAW FROM THE CONSTRUCTIVE CONCEPTUAL EXPLANATIONS RATHER THAN A FULL JURISPRUDENTIAL ANALYSIS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Many law undergraduates cordially detest jurisprudence and legal theory which is why the subject and the study of Hart’s “The Concept of Law” are compulsory. This book will assist those students looking for a ‘first’ in jurisprudence even though the style adopted by Professor Michael Giudice will be, to some, a formidable exercise in developing modern theories of law at its highest philosophical level. What we have with this new book entitled simply “Understanding the Nature of Law” is an immediate exploration of the higher echelons of jurisprudence. In nine chapters and a conclusion it explores methodological questions about how best to explain law. There are three parts: beyond conceptual analysis; illustrations; and continuity in legal theory. And amongst the questions posed, one theme is the central theme and that is: is there something about law which determines how it should be theorized? The theme is then developed. What Giudice has done is to give us the problem and then he offers us several methods which suggest themselves as suitable to an understanding of law. But each of the methods suggests a unique importance with no need for reference to others. A solution is offered in two key claims. They are first that many conceptual theories of law are best understood not as the result of conceptual analysis, but as constructive conceptual explanations, which emphasize a crucial role for revision and expansion of ordinary concepts, in ways responsive to new problems and new phenomena. And the second them is that conceptual theories of law can and ought to identify what are termed “necessary” as well as “contingent” features in the construction of conceptual explanations of law. Elgar calls this work a “novel book” and it certainly is because it explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law which is probably its greatest contribution to modern jurisprudential theories for the legal scholar to understand and develop further. As the main commentators have said, we agree that this work will be of primary interest to both students and academics in legal, political, and moral philosophy. And it will also be of great assistance to students and scholars working in the social sciences who are interested in questions about the distinctive character of law within the philosophy of legal theory itself. Edward Elgar Publishing has clearly taken over an important jurisprudential mantle as one of the leading legal publishing houses which produce high quality research materials for the top end of academic endeavours. That is whether it be by way of producing edited theses and bringing together an array of glittering expert commentators in a particular field to give us all a bit of individual enlightenment on the more difficult and esoteric bits of the philosophy of law. And it just might make matters a bit easier for the student to follow in this hated branch of the core subjects which you probably only like if you are a political anorak until Giudice has exposed the intellectual camouflage! Well done!
Views: 1334 Phillip Taylor
A Restatement of the English Law of Unjust Enrichment
BOOK REVIEW A RESTATEMENT OF THE ENGLISH LAW OF UNJUST ENRICHMENT By Andrew Burrows Assisted by an Advisory Group of Academics, Judges and Practitioners Oxford University Press ISBN: 978 0 19 966990 5 www.oup.com UNJUST ENRICHMENT: A NEWLY RECOGNIZED AND PARTICULARLY DIFFICULT AREA OF LAW FULLY EXPLAINED An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'The law of unjust enrichment is a newly recognized subject,' states Andrew Burrows in his introduction to this erudite new book published recently by the Oxford University Press. Thorough and scholarly, yet eminently readable, it expounds on a particularly abstruse and therefore fascinating area of law; fascinating that is, if you can understand it, which this book should certainly enable you to do. 'Unjust enrichment' can be viewed today as an emerging modern equitable doctrine to cover the main substantive law areas of contract and tort with specific reference to what we called restitution. Call it an exercise if you will, in the availability and use of an updated equitable remedy, which is now more accurately described as 'unjust enrichment'. It could be argued that the very term 'unjust enrichment' is more or less self-explanatory in that it all too often refers, basically, to people taking money for themselves on an intimidatingly wide range of pretexts, especially in contract and tort, many of them quite ingenious schemes. The purpose of Burrows' book, as we see it, is to unravel the intricacies of the original legal principles behind unjust enrichment -- and many of them are intricate indeed. This restatement by Burrows of the equitable remedy of unjust enrichment is therefore timely. He has support from an advisory group of nineteen, no less, academics, judges and practitioners. 'The vast bulk of the law of unjust enrichment,' he explains,' is concerned with the reversal of enrichment.' Interestingly, he reminds us in the introduction that the favoured name for this subject until quite recently was the law of restitution. 'A restatement,' he adds, 'can remove, or at least reduce, those difficulties'. Unjust enrichment is thus carefully, extensively yet precisely defined in this volume, which you can read from cover to cover quickly, or dip into as a work of reference in an attempt to shed light on any number of conundrums, many of them quite topical. This in our view is an important book of direct relevance for practitioners, academics and the judiciary alike. The Restatement itself is supported throughout by full commentary and illustrative cases, both real and hypothetical. The tables of statutes and cases, as well as the index provide useful tools for further enquiry and research. The Restatement is based on the law as at 30 June 2012.
Views: 1345 Phillip Taylor
Goff & Jones  The Law of Unjust Enrichment  9th edition
BOOK REVIEW GOFF & JONES THE LAW OF UNJUST ENRICHMENT 9th edition Edited by Charles Mitchell, Paul Mitchell and Stephen Watterson ISBN: 978 0 41405 523 0 SWEET AND MAXWELL/THOMSON REUTERS THE COMMON LAW LIBRARY www.sweetandmaxwell.co.uk 50 YEARS ON AND A SAD FAREWELL TO THE ORIGINAL AUTHORS IN THIS NEW NINTH EDITION OF THE DEFINITIVE TEXT ON UNJUST ENRICHMENT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers In 1966 when Robert Goff and Gareth Jones published the first edition of this book, unjust enrichment was a little known or understood concept. Now it is regarded as ‘one of the primary sources of rights and duties in English private law,’ as the three current editors of this now classic text have pointed out. This book, they add, has made ‘a seminal contribution’ to the general and full understanding of unjust enrichment as a distinct area of legal study and certainly a vital one. Quoting the late and learned Judge Alan Rodger, reference is made to Goff and Jones as ‘the Romulus and Remus of the English Law of Restitution. Out of a few weak and scattered settlements (like the beginnings of ancient Rome) they have founded a powerful city whose hegemony now extends far and wide.’ It is not difficult here to account for the fact that ‘The Law of Unjust Enrichment’ has now gone through nine editions, of which this is the latest. Published recently by Sweet and Maxwell for their Common Law Library, under the editorship of Charles Mitchell, Paul Mitchell and Stephen Watterson, this edition emerges under a cloud of sadness as Robert Goff and Gareth Jones both died in 2016. It has been dedicated to their memory. Fortunately for hard-pressed practitioners, this volume of over 1,000 pages is easy to use and distinguished by erudition, authority and clarity of expression. The Introduction is particularly useful in that it explains the basic concepts pertaining to unjust enrichment, especially those that distinguish it from restitution, notwithstanding that a preference seems to have developed for the use of the term ‘unjust enrichment’ over the term ‘restitution’. As the editors point out, the title of the book ‘reflects the fact that unjust enrichment is a discrete source of rights and obligations that ranks alongside contract and civil wrongs in importance and calls for stand-alone treatment.’ The book certainly delivers thorough and extensive coverage of the subject, rendering its complexities and subtleties satisfyingly accessible. The book’s seven-part structure deals first with such matters as the general principles of enrichment, followed by justifying grounds and further, by the specifics of enrichment. Particularly interesting is Part V, which examines grounds for restitution, including, for example -- mistake, duress, frustrated contracts, ultra vires, mental incapacity and illegality. Parts VI and VII cover defences and remedies. Research resources in this volume are available in abundance, including over 125 pages of cases, statutes, statutory instruments and non-UK statutes. The ‘hegemony’ of unjust enrichment has extended far and wide indeed. Navigation however, has been rendered relatively easy via the book’s detailed table of contents, comprehensive index and numbered paragraphs throughout. For practitioners and the judiciary, this distinguished work of reference, with its wealth of new material, is an essential acquisition. The publication date is cited as at September 2016.
Views: 623 Phillip Taylor
Homelessness and Allocations 9th edition
BOOK REVIEW HOMELESSNESS AND ALLOCATIONS 9th Edition Andrew Arden QC, Emily Orme and Toby Vanhegan LAG Legal Action Group ISBN: 978 1 908407 08 5 www.lag.org.uk 'HOMELESSNESS AND ALLOCATIONS' NOW AVAILABLE IN THE NEW 9th EDITION FROM THE LEGAL ACTION GROUP An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The Legal Action Group (LAG) -- the access to justice charity -- once again publishes the latest edition of its now well known guide: 'Homelessness and Allocations'. The fact that this is the 9th edition testifies to the book's established reputation as a definitive and authoritative work of reference among those who are professionally involved in advising vulnerable people on homelessness. 'If you advise on homelessness, you will need this book,' advises Legal Aid News. 'Buy it now!' The book is written by experts from Arden chambers, each with a wealth of experience in this complex field, Andrew Arden QC, for example, has written or edited many of the principal practitioner texts on housing law, including the 'Encyclopaedia of Housing Law' and many others. Within its approximately 1,000 pages the book contains everything the homeless need to know about their rights. The succinct text clearly states the law and there are appendices which contain the relevant consolidated legislation and guidance. The first two chapters contain advice on the provisions; including the policy and the provisions in outline. The chapters following include immigration... homelessness (including accommodation and rights of occupation)... priority need... intentional homelessness... local connection (in which this term is defined)... protection of property... homelessness decisions (including enquiries and review procedure)... discharge... allocations (including meaning and eligibility)... and enforcement. Chapter13 concerns other statutory provisions; from the National Assistance Act 1948 to the Localism Act 2011, plus other statutory provisions. Strategy, aid and advice are the subject matter in Chapter 14 and Chapter 15 focusses on such criminal offences as making a false statement and withholding information. If you're a housing practitioner, or adviser, or in any way involved with local authority housing or a housing association, it's important that you obtain this latest edition for the most up-to-date information. For example, it contains new, updated material on continuing developments in case law... the Localism Act 2011... and extended coverage of other statutory accommodation options. There is a fully revised chapter on eligibility updated to include the latest relevant cases. There are other changes too, to the regulatory framework for social housing and complaints and a new template for judicial review pre-action protocol letter. Suitability orders for 2012 are included, together with related guidance including out-of-area placements. This comprehensive volume also contains extensive tables of cases, statutes, statutory instruments and European legislation and there is also a handy list of abbreviations. As if all this weren't enough, the book comes with a free CD ROM containing the complete contents together with additional extracts from legislation and guidance. The publication date is 2012.
Views: 256 Phillip Taylor
The Law of Investment Treaties
BOOK REVIEW THE LAW OF INVESTMENT TREATIES Second Edition By Jeswald W Salacuse OXFORD UNIVERSITY PRESS The Oxford International Law library ISBN: 978 0 19870 397 6 www.oup.com FOR INTERNATIONAL LAWYERS SPECIALISING IN A NEW BRANCH OF INTERNATIONAL LAW An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Now here’s a relatively new and fast expanding area of the law – and here’s a book that will be of special interest to international lawyers, particularly those who deal with investment treaties, or are contemplating doing so. As a result of the relatively recent increase in such treaties and arbitral decisions, ‘the law of investment treaties’ has come to be recognized as a new branch of international law: The author, Jeswald A. Salacuse, Professor of Law at Tufts University in Massachusetts – and Diplomacy at Tufts University -- mentions that approximately 3,300 investment treaties have been created since the end of World War II, with new agreements emerging almost monthly from diplomatic negotiations -- clearly a phenomenon resulting from increasing globalization and the consequent globalization of business. Published by the Oxford University Press as part of the Oxford International Law Library, the new second edition of this highly regarded work examines every conceivable aspect of investment treaties. Fundamentally, however, the investment treaty does two things. First, it grants special protective rights to foreign investors. Secondly, it allows investors to enforce those rights, usually by international arbitration. The main motivation behind the investment treaty is that investors and their home countries wish to protect themselves from political risk. The author also makes the point that the applicable investment law is founded on treaties. This means that the distinct features of the investment treaty differentiate it from ‘the customary international law of investment.’ Investment treaties have been transformative in that, as is discussed in this book, they have emerged as the fundamental tool by which two countries will create a treaty which sets down rules governing investments by their respective nationals in each other’s countries. NAFTA, the North American Free Trade Agreement is an example. In the words of the author, the book aims to ‘examine investment treaties of all varieties in a comprehensive and integrated fashion.’ It therefore embarks on a close examination and analysis of the law of international investment treaties, specifically in relation to their origins, structure, content, and effect, as well as their impact on international investors and investments, and on governments that are parties to them. The numerous topics examined range from general standards of treatment of foreign investments, to monetary transfers; protection against expropriation; dispossession and compensation for losses; the various forms of dispute settlement -- and of course, much more, including a new chapter on the consequences of treaty violations and the determination of damages in investor-state disputes. With its extensive footnoting, detailed table of contents, index, tables of cases and conventions, treaties and agreements, this book excels as a valuable source of reference for researchers, academics, government officials, arbitrators and diplomats, as well as international lawyers. In fact, anyone even remotely involved in this area of law should acquire a copy. The publication date is cited as at 2015.
Views: 466 Phillip Taylor
Quiet Enjoyment
BOOK REVIEW QUIET ENJOYMENT Arden and Partington's guide to remedies for harassment and illegal eviction Seventh Edition By Andrew Arden QC, Rebecca Chan, Sam Madge-Wyld Legal Action Group ISBN: Print: 978 1 908407 14 6 Ebook: 978 1 908407 15 3 www.lag.org.uk A BOON TO HOUSING PRACTITIONERS, LOCAL AUTHORITIES AND OTHERS INVOLVED IN ISSUES RELATING TO RESIDENTIAL PROPERTY -- NOW IN A NEW SEVENTH EDITION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Appropriate to their remit, the Legal Action Group, has brought out another publication that -- since the first edition was published in 1980 -- has proved itself invaluable, not just for practitioners, but for the general reader as well. As the LAG is the access to justice charity, this new 7th edition of 'Quite Enjoyment' does precisely that: it offers access to justice, this time for the beleaguered householder and/or tenant faced with harassment and therefore deprived of the quiet enjoyment of his or her home. Not for nothing does the New Law Journal refer to 'Quiet Enjoyment' as the essential handbook for this area of practice. In essence it aims to provide a practical guide to the law and clarifies all the relevant issues pertaining to the rights of occupiers of residential property. The book is logically divided into two parts to cover both civil and criminal proceedings. The section on civil proceedings deals, for example, with causes of action... breach of contract... torts specific to unlawful eviction... and of course much more. Part II on criminal proceedings covers mainly the areas relating to three pieces of legislation: Protection from Eviction Act 1977... from Harassment Act 1997... and the Criminal Law Act 1977. New to this edition is an additional appendix which covers other remedies of which victims of harassment or unlawful eviction may avail themselves. There are additional powers dealt with aimed at anti-social behaviour, including noise. Resources for further study and research abound in this extensively footnoted, thorough and thoroughly readable work of reference, including table of cases, statutes, statutory instruments and European legislation. As a further aid to navigation, there's a detailed index at the back, together with three appendices, including the one covering other remedies just mentioned. If you're a practitioner specializing in housing, or involved in tenancy relations, or possibly just needing plain-speaking advice yourself, this is the definitive source of the advice you looking for, in both handy paperback format, or as an e-book. The publication date is cited as at 2012.
Views: 518 Phillip Taylor

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