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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: 3035 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: 1874 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: 3929 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: 3639 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: 2034 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: 1450 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: 502 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: 1359 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: 1425 Phillip Taylor
JSB Guidelines for the assessment of general damages in personal injury cases 10th ed
BOOK REVIEW THE JUDICIAL STUDIES BOARD: GUIDELINES FOR THE ASSESSMENT OF GENERAL DAMAGES IN PERSONAL INJURY CASES 10th EDITION Compiled by Mr Justice Mackay, Martin Bruffell, John Cherry QC, Alan Hughes and Michael Tillett QC ISBN: 978-0-19-959533-4 OXFORD UNIVERSITY PRESS www.oup.com ONCE MORE UNTO THE QUANTUM- FOR THE TENTH TIME! THE JSB GUIDELINES UPDATED FOR INFLATION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers When this excellent work first appeared in 1992, Lord Donaldson wrote that there could be no doubt about the practical value of this slim volume... and how right he was as we now celebrate the tenth edition which has been updated to take account of inflation and judicial decisions. The guidelines have become essential for practitioners and now we would not dream of advising on a personal injury matter without referring to the JSB Guidelines first as we will certainly see this book in court each time we argue quantum and be expected to know its worth to the bench. The guidelines are always well received, and they have a clear and well received influence on the judiciary, too, today. The hard work of Colin Mackay and his team explains the current need for this book as a record of the levels of awards and settlements which we use as a starting point for our advocacy in court Updates are always difficult but we believe the team continues to maintain the level of consistency needed for the making of awards which serve the interests of justice as well as any person can. Lord Neuberger MR, in his Foreword, welcomes the work as 'ever more authoritative'. He also rightly highlights its usefulness from the comments the book's readers have made together with all the different areas where reports are to be found which does make the working party's job so difficult. This is not, however, a 'ready reckoner' but, as Mackay has said, it distils the conventional wisdom contained in the reported cases, and supplements it from the collective experience of his working party, presenting the result in a convenient, logical and coherent form. The work is now widely and more frequently adopted as the starting point in negotiating levels of payment for general damages in personal injury cases. Contents cover the following: Injuries Involving Paralysis; Head Injuries; Psychiatric Damage; Injuries Affecting the Senses; Injuries to Internal Organs; Orthopaedic Injuries; Facial Injuries; Scarring to Other Parts of the Body; Damage to Hair; Dermatitis and a useful index. The publishers send copies of these guidelines to all hearing PI cases, and it is an indispensible tool for all legal professionals involved in PI litigation, from lawyers to insurance companies, trades unions and medical defence organisations. Today, we cannot be without our copy of the JSB guidelines for quantum advocacy, and we know the clients appreciate the user-friendly wisdom they give- just make sure you have the red cover and not the grey cover for 2010! Thank you, OUP.
Views: 1927 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: 2529 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: 1098 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: 415 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: 1745 Phillip Taylor
International Law of the Sea
BOOK REVIEW THE INTERNATIONAL LAW OF THE SEA By Donald R Rothwell and Tim Stephens Hart Publishing ISBN: 978-1-84113-257-0 www.hartpub.co.uk A RE-EVALUATION OF THE INTERNATIONAL LAW OF THE SEA: FOCUSSING ON THE 1982 UN CONVENTION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers In the great tradition of international legal scholarship, the authors, both of them connected to the University of Sydney, present a fresh and lucid examination of the modern international law of the sea which is both extensive and thorough. As pointed out in the Preface, the international law of the sea has been in a state of constant development over the course of many centuries so this work is a welcome re-evaluation. Long before the use of the term 'global business' became widespread toward the end of 20th century, there was always the sea; the natural facilitator for international trade, establishing links between nations for good or ill. The authors refer to Roman law -- which provided that the sea was free and common to all -- and also a pivotal and influential work by the Dutch scholar Grotius, who in his 1608 Mare Liberum, supported the concept of 'freedom of the seas'. The prime purpose of this book, however, is to provide a fresh explanation of what the authors term ' the foundational principles of the law of the sea' together with a critical overview of the 1982 United Nations Convention on the Law of the Sea and the many and consequent developments emanating therefrom.... and they succeed! The book actually focuses on the UN Convention, placing its achievements in historical and contemporary context and examining the rules and institutions which it has established. Most importantly for the contemporary practitioner, the book addresses in detail a number of contemporary issues which obviously were not anticipated back in 1982: maritime security initiatives, for example, many of which followed the 9/11/ 2001 attacks on New York -- and also the re-emergence of piracy as a persistent maritime threat. And then there is the challenge of climate change and its possible and probable effects, from coastal erosion and disappearing islands to newly navigable waters in our polar regions... and, generally, the effects of ocean warming on the environment as a whole In all, this new, well researched publication from Hart Publishing is a fascinating read, an important addition to the extensive body of literature available on this complex subject. Suggestions for further reading and research in this of law are offered at the end of each chapter -- now there's a time saver -- and you will find the expected and invaluable research tools including lists of cases, statutes, figures and treaties, plus comprehensive index. If maritime law is the focus of your practice, this shorter book, with its thoroughly up to date evaluation of the international law of the sea in the context of the 1982 United Nations Convention, will be an invaluable addition to your library. The law is stated as at 31 March 2010 and is an excellent re-evaluation of international sea law.
Views: 806 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: 1860 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: 1387 Phillip Taylor
International Trust Laws
BOOK REVIEW. INTERNATIONAL TRUST LAWS By Paolo Panico ISBN: 978-0-19-955162-0 Oxford University Press www.oup.com TRUSTS: INTERNATIONAL? YES, BUT ENGLISH TO THE CORE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Like the English language itself, which has spread out over we can't remember how many countries, the concept of trusts, although fundamentally English, has now gone international, particularly in the last 25 years. The publication of Paolo Panico's 'International Trust Laws' is therefore timely and fulfills a pressing need for an extensive and detailed understanding of the concept, function and administration of trusts worldwide. The very word 'trust' is significant -- an obligation on which all may confidently rely. The author's introductory quote from Frederick Maitland's view of trusts deliberately emphasizes the point that attaching 'an obligation of conscience to the title to property' formed, in Maitland's words, "perhaps the greatest and most distinctive achievement of English lawyers", finding no equivalent in foreign law. Trusts exemplify 'English legal genius' at its best -- and just to make sure you get the message, the author lightheartedly prefaces his comments with those lines from Gilbert & Sullivan's 'HMS Pinafore'...'for in spite of all temptations, to belong to other nations, He remains an Englishman!' So if you are a legal practitioner with a burgeoning offshore practice, rest assured: there is a corner of that increasingly complex foreign field of trusts that remains forever England. However -- it is noted in the text that because trusts have an identifiable 'common core' consisting of (a) asset segregation and (b) fiduciary administration by trustee for beneficiary...it is therefore possible to 'recognize trusts in jurisdictions sharing different legal traditions.' 'International Trust Laws' (in the author's words) 'considers the main aspects of international trust laws, with reference to express private trusts, primarily in a private donative context as well as in respect of commercial applications'. Covering at least 26 different jurisdictions, the book attempts (and in my view succeeds) in reflecting the wide diversity within the international dimension of trust law. Logically structured in five parts, the book covers the creation of trusts...the powers and duties of trustees...trustee liability...control mechanisms...and special uses of trusts. Following a general pattern, each chapter starts with the development of the English traditional model, then reviews legislative developments in various offshore jurisdictions, both in the common law and civil law traditions. The extensive Tables of Cases (listed alphabetically by country) and of Legislation, plus excellent index, make this an instructive and easy to use work of reference. For both private and commercial clients, the world, as was once predicted, is fast becoming a 'global village' which is why the copiously researched and lucidly written International Trust Laws is an important book. Read it and you will certainly acquire a broader understanding of... and certainly a global perspective on, trusts.
Views: 661 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: 644 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: 863 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: 792 Phillip Taylor
Companies Limited by Guarantee
Views: 1435 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: 666 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: 1953 Phillip Taylor
Preliminary Rulings to the ECJ 2nd ed  long review
BOOK REVIEW PRELIMINARY REFERENCES TO THE EUROPEAN COURT OF JUSTICE 2nd edition By Morten Broberg and Niels Fenger ISBN: 978 0 19 870402 7 OXFORD UNIVERSITY PRESS www.oup.com THOROUGH AND CONCISE ADVICE TO PRACTITIONERS ON SUBMITTING PRELIMINARY REFERENCES TO THE ECJ An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers 'Preliminary references are a mechanism created to ensure the homogenous application of EU law throughout the Member States,' explain the authors of this scholarly and rigorously detailed work of reference which should certainly clarify any number of issues pertaining to the workings of the European Court of Justice (ECJ). Published by the Oxford University Press, and now in its second edition, this is a text of vital interest to practitioners involved with disputes scheduled to be held before the ECJ. Originally published in 2008 in Danish, the book has been translated into three other European languages, plus of course, English. This new English edition therefore makes a timely appearance following enactment of the Lisbon Treaty after 2009. It is worth noting that the preliminary reference which is made precedes the preliminary ruling of the Court (ECJ). This book is therefore especially useful for practitioners in that it deals with the amended procedures -- post-Lisbon -- involved in how to make a preliminary reference, which inevitably involves effective written advocacy, the one element what will make or break a case, as we have found with our own judicial review system here. This new edition contains much new material, including, for example a completely rewritten and expanded section of the doctrine of 'acte clair', which is examined at length -- and which provides yet more evidence of the continuing attempts to achieve further of harmonization of legal processes across the EU. Some will argue that such harmonization is but a distant dream and, as the authors have done, will to point out that the EU has expanded to (in 2013) 28 Member States and 24 official languages... so far! Our observation -- and it is an obvious one -- is that this level of linguistic and cultural diversity will have any number of implications and consequences which the Court must address in arriving at judgments which are seen to be fair to all parties embroiled in disputes. For example, will it be necessary to check each of the official language versions of each applicable EU provision to ensure that each version means the same thing? Well, not really, or, er, not exactly. As the learned authors, Morten Broberg and Niels Fenger, have explained, the ECJ has merely reminded the national courts of the multilingual character of EU law and has thus drawn the attention of each national court to the fact that, 'even where the interpretation of the specific EU act may appear to be straightforward... the interpretation of the same act may turn out to be much more complex when other language versions are taken into account.' Practitioners involved in the complexities of this area of law will certainly appreciate this book as a guide, so to speak, as to what to do and what not to do when structuring a preliminary reference, the reference being in fact an 'application', as we would call it in the UK. We would draw attention to certain chapters which practitioners will find particularly useful. Chapter 8 focuses on the form and content of a reference, while Chapter 9 deals with proceedings before the referring court after a reference has been made. Chapter 10 deals with the procedure before the ECJ and the final chapter provides succinct and useful guidance on litigation, costs and legal aid. As an advice book for advisers, this volume of over 500 pages functions also as an invaluable research resource. Copiously footnoted throughout, it contains almost eighty pages of tables of cases and of legislation, including treaties and conventions and directives, plus a handy list of abbreviations. The detailed table of contents and comprehensive index aid navigation. As an up to date guide to what you as a practitioner have to do to make your application to the Court before you even set foot in it, this book will doubtless emerge as an indispensable addition to your professional library. The publication date is 2014.
Views: 1276 Phillip Taylor
Court of Protection Practice 2012
BOOK REVIEW COURT OF PROTECTION PRACTICE 2012 By District Judge Gordon Ashton OBE and contributors Jordans Publishing ISBN: 978 1 84661 326 5 www.jordanpublishing.co.uk FOR COURT OF PROTECTION PRACTITIONERS: THIS IS THE ESSENTIAL UP-TO-DATE GUIDE TO ITS ENLARGED JURISDICTION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The relatively new statutory Court of Protection was created for the specific purpose of being able to make decisions on behalf of those lacking the capacity to make them, particularly people with impaired mental capacity due to mental health issues, learning disabilities or acquired brain injuries. General Editor District Judge Gordon Ashton, in his very moving introduction to this excellent book refers to the not too distant past (prior to the Mental Capacity Act 2005) in which there were 'people whose vulnerabilities were routinely overlooked by lawyers and (also) within the justice system'. We infer here that the establishment of the Court of Protection has ushered in a new era within which the needs of disadvantaged people such as these are being addressed with the seriousness and compassion which is their right, even though that right is continually in danger of being eroded in the currently straitened financial climate. It's important to mention that the Court of Protection presides not only in respect of welfare issues, but is also empowered to make decisions about property and financial issues and related matters which are entrusted to those who manage the affairs of incapacitated adults. The result of all this is the emergence of a relatively new area of interest for lawyers and therefore a relatively new growth area in the law, although as Gordon Ashton points out, the Mental Capacity Act 2005 is not just a Court of Protection issue, 'it permeates all fields of law and practice.' The new edition of this volume provides all relevant statutory material in this area, together with new material for 2012, including an extensively updated legislation, rules and commentary, new case summaries and anew collection of precedents. There is an additional chapter on the Margins of the MCA; the Inherent Jurisdiction; the Overlap with Judicial Review; the Court of Protection and the ECHR. Within the book's more than two thousand pages, there is much, much more information and guidance besides, including the Part XI section on Directories which contains lists of helpful agencies and organizations, as well as websites and useful publications. Researched and written by a team of expert contributors in this specialist field, the book offers any amount of resources for further research, including tables of statutes, statutory instruments, cases, practice directions and codes of practice, plus a table of EC and international regulations. If you're a practitioner in this or related fields, the book and the accompanying CD ROM can only enhance your understanding of and expertise within this complex and sensitive area of law. The law is stated as at 1 February 2012.
Views: 261 Phillip Taylor
Equality Act 2010
BOOK REVIEW EQUALITY ACT 2010 A Guide to the New Law Legislation Guides General Editor: Michael Duggan ISBN: 978-1-85328-759-6 LAW SOCIETY PUBLISHING www.lawsociety.org.uk TRANSFORMING THE LANDSCAPE OF EQUALITY LAWS BY CODIFICATION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Barrister Michael Duggan and his seven expert colleagues have produced a fine and invaluable guide to the new Act which arrived at the end of the Labour government term of office in 2010. And it has arrived just in time! There are still many legal commentators who regularly call for the codification of specific groups of laws, including substantive law areas like Criminal Law and the Law of Evidence, and here we have 4 main Acts and 3 sets of regulations all neatly rolled into one, called the Equality Act 2010. Law Society Publishing have produced a much needed guide for the harmonisation of discrimination law, drawing together, firstly, the various original strands covering race, sex and disability, pregnancy and maternity. Then, the second strand with the more recent 'European' areas of integration for age, gender reassignment, religion or belief, sexual orientation and then the further developments in pregnancy and maternity to bring us completely up to date. In 350 pages, the authors have set out the history from Labour's 'Fairness and Freedom' from their third term in office from 2005-7. A great asset to the guide is the useful summary of the Act in the introduction covering each Part with expert commentary and the text of the Act itself up to page 132. We then move into massive detail with the Appendix which fills the rest of the book with an index at the back. As Duggan and his team say, the Act had a long genesis and following long-standing procedural policy which was to bring the Act into force by ministerial order. With the change of government, the Conservatives have announced that it would not bring in a number of provisions including what has become the controversial "socio-economic duty" and, to be expected the way in which equal pay and positive action will be tackled. Probably the only way to see whether all the provisions will be implemented will be to see the government website once the public spending review is complete in the autumn of 2010... and whether they actually go ahead with their announcements. Meanwhile, we have a most comprehensive review of the Act which will be welcomed by lawyers and observers alike as the first detailed statement of what has been achieved by this transformation of the landscape of equality and discrimination law which has codified the voluminous legislation... at least for the time being, so this guide is most timely as the coalition government begins its work for the new decade on their approach to 'fairness agenda' issues!
Views: 496 Phillip Taylor
The Law of Construction Disputes
BOOK REVIEW THE LAW OF CONSTRUCTION DISPUTES Construction Practice Series By Cyril Chern ISBN: 978-1-84311-901-2 Informa www.informa.com CHERN'S CREATIVE COMMENTARY ON CONTRACTS AND CONSTRUCTION LAW PRINCIPLES An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers There is no question that Cyril Chern is expert Counsel in many aspects of both academic law and what we loosely call 'Construction' at least as far as the Bar is concerned when handling disputes. Even the Preface to 'The Law of Construction Disputes' in Informa's 'Construction Practice Series' gives the reader a flavour of what is to come with the anecdote from a former Commonwealth colony court (no names!) which sets out the genesis of the book- not just the 'rule' but the reasons for the rule when queried by a testy judge which we have all been in front of... and was even prominent in a film 60 years ago - 'Brothers-in-Law' - as the old judge does actually help out a new barrister in the formidable Official Referee's Court dealing with a 'Scott Schedule' which Counsel (Ian Carmichael) appeared to have never heard of! Cyril Chern is well known to Informa readers for his expertise and this work handsomely creates in just 600 pages an analysis of the most recurring questions and points of law arising in construction disputes. It's a book which one would often like to have had when a particular point is disputed at the last moment in court. Now we have something which covers the entire spectrum of this area of law mixing the theory and the practice neatly in one volume. One aspect of dispute work at the Construction Bar is often the short point which requires a quick reason. To fulfil that requirement, Chern has detailed research of a very high standard which is explained with ease for the harassed barrister. There are 15 chapters and 16 Appendices in this book which is seriously needed by the Construction Bar together with its colleague title 'Remedies' recently written by the "ter Haas" team. Chern's statement of practice, with an excellent bit of history at the beginning, contains the practical elements of what we need to tell the clients in a construction dispute- what can I get from this case and is it strong enough? It's especially relevant when negotiating a settlement which can occur quite frequently in this specialist area of law, sometimes when the case is part heard because of the way the evidence has gone. For the newly initiated, start the book with the excellent glossary at Appendix 1 which is worth turning to first, then take a look at the detailed index for what you are looking for. The sparking commentary throughout is a great bonus for this essential reference book for a Construction Bar set and to refresh one's memory. 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 detail made to standard forms of contract although most disputes arise out of or in respect of construction projects themselves. The term is quite loose today as it covers a number of linked substantive law areas and the remedies available in them. Chern goes at quite a pace to highlight the common problems and he succeeds. It's worth looking at chapter 15 on 'key issues in dispute resolution' because there are some very handy hints on how the courts may well be viewing the timetable of proceedings in the future. Throughout, the author has useful page sub titles at the top of each right hand page so you can find what you can find what you are looking for. Chern also sets out a great case for handling the thorny issue of remedies with intelligent use of authorities throughout but the book is not designed to cover or include a whole range of problems in commercial construction projects, but gives a welcome identification to the complexities of the dispute, and much detail to the areas that are likely to be of interest when running all aspects of your case so it's very much Cyril Chern's creative commentary on construction contracts for 21st century.
Views: 904 Phillip Taylor
Estoppel by Conduct and Election  long clip
BOOK REVIEW ESTOPPEL BY CONDUCT AND ELECTION Second Edition By K R Handley ISBN: 978 0 41402 844 9 Sweet & Maxwell THOMSON REUTERS www.thomsonreuters.com A BRILLIANT EXPLANATION OF ESTOPPEL IN THE MODERN CONTEXT An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Estoppel as a concept is a bit of a Protean monster, reminding us of old Proteus, the Greek deity who could change shape at will. If proof were needed, this quite engrossing book, now in a new second edition from Sweet & Maxwell, clearly reveals that, yes estoppel is a bit of a shape-shifter. Over at least the past couple of hundred years, estoppel has assumed many different forms under a number of different names, depending on the circumstances of each case. Estoppel is nothing if not adaptive, much to the bafflement of generations of law students, not to mention more than a few fully fledged lawyers and well explained by Handley. Even the definition of ‘estoppel’ remains elusive. The author of this work, K.R. Handley, has built up a formidable reputation worldwide as a legal scholar, explains that the term derives from an old English word ‘estop’ which in turn derives from the French, meaning ‘stop’. Sometimes referred to as ‘finality’, ‘estoppel’ is of course defined in law dictionaries in which the definition -- or definitions -- can be hundreds of lines long. As the author explains, “estoppel” has ‘acquired a technical legal meaning.’ His introduction to this book provides a useful overview of the many manifestations of the term, including instances where its principles are adhered to without the term ‘estoppel’ being mentioned at all. By way of close analysis, expert commentary and frequent reference to cases across a range of mainly common law jurisdictions, he goes on to explore in the body of this text, the multiplicity of ways and means by which ‘estoppel’ may be -- and has been -- interpreted or applied. To cite only one example of certain conflicting views regarding estoppel, it is interesting to note Lord Wright’s comment earlier in the twentieth century that ‘estoppel is a complex legal notion, involving a combination of several essential elements… often described as a rule of evidence…. the whole concept is a more correctly viewed as a substantive rule of law.’ Move forward to the 1970s, however, and note Lord Denning’s thoughtful comment in Moorgate that ‘estoppel’ is not a rule of evidence. It is not a cause of action. It is a principle of justice and equity.’ There are many in the legal profession who would agree that Denning regarded estoppel as a useful device in the procurement of justice for the disadvantaged -- the meek who should inherit the earth but who often don’t. The new edition of this scholarly and extensively researched work of reference reflects the many new developments in this area of law that have emerged in the past ten years since the first edition was published. As the author has included material not only from England and Wales, but from Canada, Australia, Hong Kong, Malaysia, New Zealand and Singapore and both jurisdictions in Ireland, it is certain that the book will be of abiding interest to international lawyers. Considering the complexities of ‘estoppel’, it is reassuring to know that this book is logically organized, with numbered paragraphs throughout and extensive footnoting, plus tables of cases and statutes. And typical of legal texts from Sweet & Maxwell, the book provides a lengthy and detailed table of contents and index at the back. Counsel, or judges, or for that matter, students needing to confront this subject, will doubtless regard this book as essential reading. The publication date is cited as at December 2015.
Views: 241 Phillip Taylor
Magna Carta Uncovered  long clip
BOOK REVIEW MAGNA CARTA UNCOVERED By Anthony Arlidge and Igor Judge HART PUBLISHING ISBN: 978 1 84946 556 4 www.hartpub.co.uk 800 YEARS ON: A TWENTY-FIRST CENTURY STATEMENT ON MAGNA CARTA An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Worried about threats to your liberties? Invoke Magna Carta. So many people do, although ironically in this year of 2015, so few people have actually read it. This is not terribly surprising because despite its historical significance and the amount of learned commentary about it, the translation -- the full translation that is -- has not been readily available, at least not at every news agent in town. In this 800th anniversary year, however, with public consciousness raised in anticipation of the planned celebrations, this situation is more than likely to change. You can now read Magna Carta in its magnificent entirety in the aptly named ‘Magna Carta Uncovered’, a new book from Hart Publishing co-authored by former Lord Chief Justice, Lord Igor Judge and Anthony Arlidge QC. It is an important book. It is the book of the moment. It is a plain-speaking, twenty-first century appraisal of a thirteenth century legal document which, even in the absence of specific statements on human rights as such, has set the standard for rights and liberties the world over, even though it has been challenged, threatened, belittled and ignored in every century since, including our own. But read the translation and you cannot help noticing that despite the dismissive remarks of some commentators today, at least half the clauses in the charter can be construed as being still relevant. Clause 40 is the best known: ‘To no one will we sell, to no one will we deny or delay right or justice.’ (That, in the view of any reasonable reader, does include everybody, not just a band of privileged and rebellious barons, as a number of pundits have claimed.) From 1331 to 1351 statutes extended the right against arbitrary action by the Crown to ‘all men of whatever condition whatsoever.’ Lamentably, history reveals how often these provisions have been criminally ignored – and yet -- the spirit of Magna Carta lives on. Interestingly, a number of clauses limit the power of bailiffs, which should resonate with quite a few people today – and an insistence that people with such powers should at least be qualified for their jobs. ‘We will not make (appoint) justices, constables, sheriffs or bailiffs who do not know the law of the land and mean to observe it well,’ thunders Clause 45. By the way, note the timeline at the beginning of the book which lists the significant events leading to Magna Carta, beginning in 1154 when Henry II ascended the throne of England. The decades which followed featured widespread strife, civil unrest and foreign wars which, under King John, had emptied the treasury by 1214. Finally, after further rebellion by the infuriated barons, the Charter is granted at Runnymede dated 15 June 1215. But – as most of us now realize, this was not the end of the story. A month later, John, who was observed at the time gnashing his teeth and biting on twigs in fury, wrote to the Pope requesting that the Charter be annulled, which the Pope duly did, declaring it void. After King John’s death, however, and following years of regency, the Charter newly dubbed ‘Magna Carta’ was reissued ‘in perpetuity’ under the seal of John’s heir, the young Henry III. In all, the book tells a gripping tale of the conflict and drama – including civil war (note the chapter on Robin Hood and the Royal Forests) -- which brought Magna Carta to birth and ensured its survival and indeed veneration over the centuries. Also compulsive reading are the book’s six appendices, which include subsequent documents directly influenced by Magna Carta: The Petition of Right 1628, the Bill of Rights 1689 and the Bill of Rights 1789. (United States). As Lord Judge has remarked, Magna Carta should in this anniversary year, be ‘enthusiastically celebrated’ and with that thought in mind, this quite enthralling book should receive an enthusiastic reception from laymen and lawyers alike.
Views: 160 Phillip Taylor
Defending Suspects at Police Stations
BOOK REVIEW DEFENDING SUSPECTS AT POLICE STATIONS The practitioner's guide to advice and representation Sixth edition By Ed Cape Legal Action Group ISBN: 978 1 903307 83 0 www.lag.org.uk IF YOU'RE DEFENDING SUSPECTS AT A POLICE STATION DON'T LEAVE THE OFFICE WITHOUT THIS BOOK An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The estimable Legal Action Group has done it again -- and very successfully too. Here is yet another legal text from their stable dedicated to helping advisers solve pressing legal problems that may affect, or jeopardize the human rights of individuals; in this case suspects detained at police stations. The title and sub-title of this book are rather frighteningly self-explanatory and the situations involved frequently urgent, not to mention, mission-critical. Certainly, getting hauled into and detained at a police station, whether you are deserving of it or not, is the stuff of nightmare. This latest sixth edition, like its predecessors, comes in the wake of PACE, the Police and Criminal Evidence Act which revolutionized police investigation techniques and established firmly the right for those held in police custody to consult a lawyer, while enshrining the need for transparent and accountable policing. 'In many respects, says author, Ed Cape, 'it has been at the forefront of attempts around the world to ensure that the police are subject to the rule of law.' All well and good, but as the author also says, the need for quality representation and assistance at police stations has increased, along with a corresponding decrease in adequate funding for the task. 'My original purpose in writing this book,' he explains, 'was to help criminal defence lawyers to be clear about their role at the police station and to give them the information -- law, guidance and procedures -- to enable them to perform it effectively.' If you already have a previous edition of this admirable text, you need this latest one, incorporating as it does, much new material, including an up to date version of PACE, a full set of the most recent versions of the PACE Codes and reference to all the key cases. Usefully -- and here are some real time savers when you are in a furry -- there are checklists, specimen letters, sample statements, forms and at-a-glance boxed summaries of vital information in each chapter. This is an authoritative, accessible and practical work which answers your questions and addresses typical problems. There are chapters which guide you through the practical challenges of taking instructions from and advising a client, including vulnerable clients and immigration detainees. The book contains massive research resources as well, including tables of cases, statutes, statutory instruments and European legislation. There's a detailed contents list, a comprehensive index, six appendices and any amount of additional material besides. If you're a solicitor, duty solicitor, custody officer, or student of criminal law, this is the book not to leave the office without. Readable as well as thorough and practical, it should surely increase your confidence in many a daunting situation at a police station. The law is stated as at 1 August 2011.
Views: 1349 Phillip Taylor
Passion, Poison and Power
BOOK REVIEW PASSION, POISON and POWER The Mysterious Death of Sir Thomas Overbury by Brian Harris QC Wildy Simmons and Hill Publishing ISBN: 978-0-854-90077-0 www.wildy.com THE MOST FAMOUS COURT SCANDAL IN THE REIGN OF JAMES I: A CONTEMPORARY FORENSIC APPROACH An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The death in 1613 of Sir Thomas Overbury in the Tower of London is a matter of such Byzantine complexity, you could write a book about it, which is exactly what Brian Harris QC has successfully and entertainingly done. He deals with the case, not specifically as an historian, but as a lawyer -- and as a lawyer, he is clearly fascinated not merely by the challenge and the mystery inherent in the case, but also in the attitudes and motivations of, as he says, 'the early practitioners of my craft.' Sir Thomas Overbury, in case you haven't heard of him, (well, he's not exactly an historical household name) was one of the 'favourites' of James I, originally James VI of Scotland, who, because Elizabeth I died without an heir in 1603, succeeded to the English throne. Although scholarly and talented, James was, from many accounts a controversial figure with a reputation for being over-fond of his many handsome male court favourites of whom Sir Thomas Overbury was one. The young Sir Thomas had been enrolled at the Queen's College, Oxford and subsequently at the Middle Temple, age 17, although there is no evidence that he was called to the Bar. Through a series of intrigues, quarrels, conspiracies and disputes, revealed in detail by the author who has obviously delved into any number of original documents from the period, poor Sir Thomas ended up in the Tower, never to leave 'that terrible place' and it was there that he met his end most unpleasantly. To this day, the question of 'who dunnit' remains a mystery. Apparently there were a number of suspects, six of whom went to the gallows for his murder. It was assumed that he was poisoned. Here is a true story, and one more like a gory Jacobean tragedy it is difficult to imagine. The narration is positively gripping and the intricacies of all the plotting that was going on are revealed with often rather titillating insights into the reportedly louche personalities and disreputable goings-on within James I's notorious court. All of which explains why the author has, in his words, 'adopted the conceit of presenting the book in the style of a Jacobean drama...in Fourteen Acts'...punctuated by "masques" (sort of proto-operatic performances in the theatrical fashion of the time) followed by courtroom scenes'. The author has made it his 'mission impossible', in all this, to re-assess and evaluate the evidence that remains available and propose a new solution to this tale of mystery and intrigue, which was supposed to have been fraught with more significance and wider implications that were even supposed at the time. Combining as it does, history, mystery and the law, 'Passion, Poison and Power' is a compelling read from Wildy and deserves a wide and appreciative readership as a most famous court scandal 400 years ago.
Views: 443 Phillip Taylor
Rose Heilbron
BOOK REVIEW ROSE HEILBRON The Story of England's First Woman Queen's Counsel and Judge By Hilary Heilbron With a Foreword by Cherie Blair Hart Publishing Limited ISBN: 978 1 84946 401 7 www.hartpub.co.uk BRAND NEW BIOGRAPHY: HOW A LIVERPOOL GIRL MADE IT TO THE BAR AND BECAME ENGLAND'S FIRST WOMAN QC AND JUDGE Whether you're a member of the legal profession or not, you'll enjoy this recent biography from Hart Publishing, of Rose Heilbron! You may or may not remember the name offhand, until you're reminded that Rose was appointed England's first woman Queen's Counsel in 1949 and in 1956, England's first female judge. Rose's story -- related in affectionate detail by her daughter Hilary, also a QC -- is one of a life well lived; full of incident, insight and achievement, as well as family life and fun -- and yes, the more than occasional setback and disappointment. Don't, however, read this lively and compelling book as the story of an outstanding woman. Read it instead as the story of an outstanding lawyer -- someone who possessed the two attributes that the Victorian author William Thackery prized above all others: brains and heart. Rose's career path, as Hilary puts it, coincided with the slow progression of women in the professions in the twentieth century. Set against the backdrop of turbulent times, this biography is a testament to her remarkable life. Rose Heilbron was born in Liverpool on 19th August 1914, two weeks after the start of World War I. Her family prized education and accomplishment and she was given every opportunity to reveal her academic ability, earning a string of prizes and other scholastic achievements. Her family also provided piano lessons, which led to Rose becoming an accomplished pianist. She even tried her hand at acting before her eventual decision to read law at Liverpool University. Interestingly, it was later on in her career that Rose unknowingly provided the inspiration for another Liverpool girl to become a barrister. This was none other than Cherie Blair, who writes the Foreword of this biography. 'Rose Heilbron became a role model for me,' Cherie explains, 'and an example of what a Liverpool girl could achieve in the law... it was no surprise that I reckoned the law was a good place for a girl from Liverpool.' As fiercely as Rose supported equal opportunities for women, she was not a feminist as such and didn't consciously regard herself as a pioneer. Her outstanding qualities, besides a sharp intellect and a compassionate viewpoint, were her love of the law and a fierce determination to learn as much as she could and do the best job she could for those she represented. Unafraid to stand up to judges -- she was a good tactician and a fighter for her clients. Juries 'hung on her every word,' Hilary reports. 'She had a way of encapsulating issues in her final speeches in ways a jury could understand. She was 'an incisive and effective cross-examiner' and in the words of Cherie Blair, 'a brilliant advocate and a master of her brief.' Thanks to Rose, Cherie adds, 'the glass ceiling (for the appointment of women judges) is slowly breaking.' The details of Rose Heilbron's remarkable career, together with her affectionate family life, are too varied and numerous to mention here, which is why his book is such a treasure trove of anecdote and insight -- and a revelation, to anyone interested in those who have made history at the English Bar. We would say, order it now! The biography certainly deserves pride of place in anyone's professional or home library.
Views: 434 Phillip Taylor
Local Authority Liability
BOOK REVIEW LOCAL AUTHORITY LIABILITY Fifth Edition By John Morrell and His Honour Judge Richard Foster Jordans ISBN: 978 1 84661 321 0 www.jordanspublishing.co.uk THE COMPENSATION CULTURE: HOW MUCH IS YOUR LOCAL AUTHORITY LIABLE? HERE IS A COMPREHENSIVE SURVEY An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This popularly received book, now published in its fifth edition by Jordans, is widely regarded as the definitive guide for practitioners dealing with claims against local authorities. If you're a lawyer dealing with general common law and public sector claims, or a local authority or insurance industry professional, you need this book. Writing in the Foreword to this edition, Sir Roger Carnwarth, Lord Justice of Appeal/ Senior President of Tribunals -- refers to this important book as 'a valuable source of reference for judges, practitioners and students.' The grand total of claims launched against local authorities continues to increase apace, partly because of the intrinsic nature of authorities as providers of public services such as road and pavement maintenance and repair, education, the welfare of children, the imposition and enforcement of planning controls, and more. Most claims are based on the law of tort, which is the major concern of this book, against the background, of course, of what is known as 'the compensation culture.' If you're sensible enough to own a copy of this book in a previous edition, you really do need this latest one which has been completely revised and updated to take account of a long list of recent developments, of which the following are only a few examples, and include: the latest cases on general duties owed by local authorities... the development in the law relating to child abuse claims, particularly limitation... the Human Rights Act 1998 in failure to educate claims... Court of Appeal cases dealing with the duty to maintain and statutory defence under specific sections of the Highways Act 1980... and Liability for trees including Bowen v National Trust. Researched and written by a team of expert barristers and solicitors, the book contains the necessary resources for your further research, including tables of cases, statutes, statutory instruments, and European materials. The detailed index at the back facilitates looking things up. As far as we are aware, this is the only book that deals exclusively with this specialist subject so completely and comprehensively. If you're involved professionally with any of the issues pertaining to local authority liability, this book should be regarded as an essential purchase for its comprehensive survey of local authority liability. The authors have stated that the book reflects cases decided and effective before 9 March 2012.
Views: 412 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: 1651 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: 2039 Phillip Taylor
Privacy & Freedom of Expression
BOOK REVIEW. PRIVACY AND FREEDOM OF EXPRESSION By Richard Clayton Hugh Tomlinson Reprinted from THE LAW OF HUMAN RIGHTS, SECOND EDITION ISBN: 978-0-19-957973-0 Oxford University Press www.oup.com CAN A BALANCE BE STRUCK BETWEEN PRIVACY AND FREEDOM OF EXPRESSION? An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers An indispensable volume for your law library -- and very handy to carry around -- this volume is a reprint of the chapters on Privacy and Freedom of Expression from the second edition of the authors' 'The Law of Human Rights. As the erudite authors point out, privacy and freedom of expression were two of the most important rights introduced into English law by the Human Rights Act 1998 (HRA) and add that 'the question of the balancing of these two rights, has been central to the development of the new law of privacy and increasingly, influencing the development of the English law of defamation'. The aim of this volume therefore, is to provide a comprehensive and systematic treatment of human rights law and practice in the UK in relation to the often controversial areas of freedom and expression and privacy. Very interesting it is too, to practitioners and non-practitioners alike who often have strong views one way or the other. There are some out there who believe so passionately in the right to privacy that they would practically call for a ban on freedom of speech, if only a selective one. This is difficult to stomach for those of us who would certainly come down with galloping guilt feelings at the very thought of supporting any erosion of this hard won freedom, still only a dream in certain countries, which Shakespeare would have described as 'less happier lands' where one unwise word spoken or written, can have unspeakably dire consequences. Why anybody should want to erode a freedom that others envy is beyond me, despite all the myriad yelps for privacy, some of them quite justified though, we must admit, in this age of the ever more powerful telephoto lens. If you are a practitioner in this field, particularly media law, this book provides a detailed and thorough treatment of the law relating to human rights, privacy and freedom of expression in the UK. As human rights legislation continues to be tested out in the courts, this book contains detailed coverage of the latest developments. To say this masterful and authoritative book is essential for your practice is an understatement.
Views: 439 Phillip Taylor
Coulson on Construction Adjudication
BOOK REVIEW COULSON ON CONSTRUCTION ADJUDICATION 2nd edition Oxford University Press ISBN: 978-0-19-959722-2 www.oup.com A CLEAR PATH THROUGH THE JUNGLE OF CONSTRUCTION ADJUDICATION: What the practitioner really needs to know An Appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Writing from the Royal Courts of Justice, Sir Rupert Jackson, in the foreword to this book, remarks that 'the mass of authorities on adjudication form an impenetrable jungle, through which it is not easy to hack out a path'. Fortunately for you, if you are advising clients or associates in the construction industry, Coulson J's book 'Construction Adjudication' is out there to help you with this second edition from Oxford University Press. Both learned and lucid, this edition is an easy to read, easy to use guide that will undoubtedly help you cut through the complexities and complications of this often vexed area of law. And vexed it can certainly be! The very protracted and often volatile nature of the construction process means that the construction contract is bound to be, in most cases, longer generally than other contracts, more susceptible to disputes about payment, and fraught with clauses relating to timings, schedules, delays, interim payments, disagreements over the quality of the work and so forth. The seriousness of these situations becomes increasingly clear when one is reminded by the author that (and this is only one example) 'a general building contractor who was not paid on time might find himself unable to complete the contract and, within weeks, out of business and bankrupt.' Not surprisingly, as Jackson points out, the flow of new adjudication cases has not abated, hence the ever pressing and urgent need for what he refers to as this 'clear and lucid guide through a bewildering array of case law, which is clustered around the provisions of the 1996 Act.' The 1996 Act of course was still in force during the preparation of this new second edition. Coulson has, however, dealt with both the existing provisions and in Chapter 4, with later legislation, namely the Local Democracy, Economic Development and Construction Act 2009 -- Part 8 of which -- the bit pertaining to the construction industry -- is presented in Appendix E. Logically laid out in six parts, the book contains extensive tables of cases and of legislation, treaties and conventions, plus index for greater ease of use. Alluding to the 'warring parties' in construction disputes mentioned by Rupert Jackson, we are certain that this authoritative and definitive work will assist all those involved in such disputes -- and those who advise them -- to settle their differences with, one hopes, alacrity and dispatch. The law is stated as at 1 November 2010 and the path through the Construction Bar jungle has been cleared for us.
Views: 789 Phillip Taylor
Oliver on Free Movement of Goods in the EU
BOOK REVIEW OLIVER ON FREE MOVEMENT OF GOODS IN THE EUROPEAN UNION Fifth Edition General Editor, Peter Oliver Hart Publishing ISBN: 978-1-84113-810-7 www.hartpub.co.uk A CLASSIC WORK OF REFERENCE ON EUROPEAN LAW -- NOW COMPLETELY UP TO DATE FOR THE 5th EDITION An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Be you practitioner or academic, if you are involved in either teaching, or advising clients on European law, you need Peter Oliver's classic work, which, since the first edition was published, has come to be regarded as one of the leading works of reference in this field. Here, in 15 chapters and just over 500 pages, you'll find answers to virtually any questions you may have about -- in the author's words -- 'the foundations of free movement of goods in the European Union'. The book focuses on case law rather than legislation. The author, Peter Oliver -- who singlehandedly wrote the first three editions -- is now ably assisted by a team of no less than six expert contributors -- although overall editorial control remains with Peter Oliver. Since the previous edition was published in 2003, a number of important changes have occurred in the European sphere, most notably the Treaty of Lisbon, which came into force on 1st December 2009 when the 'EC' merged into the EU. This, fifth edition therefore contains a considerable amount of new material. As pointed out in the preface, over one hundred judgments have been delivered on Article 34 TFEU (ex Article 28 EC). As for new cases, the author identifies the most important ones as C-110/05 Commission v Italy and C-142/05 ('trailers') Mickelsson ('jet skis'), each of which relate to restrictions imposed on the use of goods. This is a careful and thorough work of reference of over 500 pages, lucidly structured for ease of use, with Tables of Cases, European Treaties, Other Conventions and Treaties, plus a Table of European Legislation, List of National Regulatory and Legislative Acts, There is a detailed index and three Annexes, which include extracts from leading judgments and a selected bibliography. Carrying the weight of authority and a towering reputation as the definitive work of reference in this subject, it's the latest edition of this book and will help you provide your clients with the most up to date advice and informed representation in this complex area. The law addressed is at 31January 2010 and remains a classic work of reference for European Law today.
Views: 3631 Phillip Taylor
Stamp Duty Land Tax
BOOK REVIEW STAMP DUTY LAND TAX A Practical Guide 9th Edition By Reg Nock Law Society Publishing ISBN: 978-1-85328-809-8 www.lawsociety.org.uk/bookshop A PRACTICAL, AUTHORITATIVE GUIDE FOR PRACTITIONERS THROUGH THE CONTANTLY CHANGING LANDSCAPE OF SDLT An Appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Stamp Duty Land Tax (SDLT) is an extremely technical and continually evolving area of law, which is why if you are in any way involved in property transactions or administration, this definitive guide to the subject will lend added authority and expertise to the advice you give your clients or associates. This latest, ninth edition, from Law Society Publishing of this highly regarded and popular work updates and expands on previous editions, guiding you through the dense thickets of the technical law while examining the implications both for you and your practice. Author Reg Nock, a barrister and leading authority on stamp duty, not only guides you through the procedures, he very usefully warns of the often numerous pitfalls that may lurk, as well as opportunities that may be seized upon. Strategies to help clients minimize their exposure to tax and penalties, for example, are prominently featured. The widest possible range of transactions involving land is covered, including development, corporate transactions, trusts and the administration of estates. Legislation is minutely analysed and case law rigorously reviewed in 600 pages, 18 chapters and 4 important appendices. Areas covered in the chapters of detailed, scrupulously footnoted text include chargeable transactions... taxable events... exemptions and reliefs... options and rights of pre-emption... leases... trusts... estates of deceased persons... partnerships... corporate transactions... liability for the tax... filing returns... and of course, much more besides. The chapter on HMRC powers and enforcement is particularly worthy of note. The book is a mine of information if you need to do further research. There are lengthy tables of cases, statutes and statutory instruments, together with the four appendices, including the very handy Appendix D: 'Completing the Tax Return' plus useful index. The publication date is 2011. Legal practitioners and other professional groups -- from tax accountants to estate agencies -- indeed those involved in any way with real property transactions -- will find this book an indispensible aid to best practice in their respective fields through the constantly changing landscape of SDLT.
Views: 671 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: 1186 Phillip Taylor
Judgments of the European Court of Human Rights
BOOK REVIEW JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS- EFFECTS AND IMPLEMENTATION Edited by Anja Seibert-Fohr and Mark E Villiger Ashgate Publishing Limited Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law Also available as an ebook ISBN: 978 1 47245 975 6 (book) 978 1 47245 976 3 (ebook pdf) 978 1 47245 977 0 (ebook) www.ashgate.com THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS: CONTROVERSIES AND CONCLUSIONS AIRED IN A FASCINATING DEBATE An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers Published by Ashgate, this book and its constituent articles is basically the result of an international conference held at Gottingen University toward the end of 2013. The key topic: the European Court of Human Rights and the various related issues -- many of them controversial – that has loomed large throughout the European Union whenever human rights are discussed. The matter of human rights -- with the need to define boundaries and arrive at correct, or at least reasonable interpretations -- has escalated into a major debate, certainly in the UK where we (not to mention the Americans, etc.) are celebrating the 800th anniversary of Magna Carta (1215) which marked the beginning of the end of absolute monarchial power and therefore the tentative and fitful start of modern democracy and the Common Law. The next few centuries that followed saw heroic and often horrific struggles to maintain the rights enshrined in Magna Carta, which by turns, were annulled, rescinded, mis-applied or conveniently ignored. And even now, when the document is venerated, (while feared by dictatorial regimes everywhere) many of its basic tenets still come under threat. With all this in mind, it should come as no surprise to anyone that there are a lot of Brits out there who are squeamish about any abdication of their sovereignty to any form of European court, including the ECHR. The most interesting segment of this book therefore -- at least to a United Kingdom readership -- is the section IV on ‘Subsidiarity’ and the role of domestic courts (i.e. the courts in individual EU member states) in implementing ECHR judgments. Of special interest here are the articles by Sir John Laws from the Court of Appeal -- and Derek Walton, the UK agent at the ECHR. ‘Are Human Rights Undemocratic?’ asks Laws, examining specific instances where this is, or is not, the case. ‘There is an imperative need,’ he says for ‘a principled disavowal by the ECHR of primary decision-maker.’ Without this disavowal there is ‘a failure to respect the courts of the Member States as the primary safeguard of human rights’. Making policy, Laws concludes, is not the role of judges; it is the role of democratic governments -- and if courts ignore that, he believes, they lose faith and damage the rule of law. In the article following this robust and absolutely correct stance, Walton examines ‘Subsidiarity and the Brighton Declaration’, pointing out that the principle of subsidiarity lies at the heart of this important conference which took place in April 2012, defining, embedding and reinforcing it. ‘Work is already under way,’ he notes ‘on the longer term future of the Court (the ECHR) that may further develop the way the principle applies.’ In the words of its two editors, Seibert-Fohr and Villiger, this admirable book which airs so many different -- and sometimes conflicting -- points of view, provides a fresh look at the relationship between national jurisdictions and the ECHR. This and the Gottingen Conference from which it sprung, have functioned as much needed initiatives in providing a highly respected forum for debate on vital human rights issues, which will ultimately affect everyone in the European Union and certainly the future of the European Union itself. It is worth noting that the book is the second volume in a new series entitled ‘Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law’. It is published under the Nomos imprint of Ashgate Publishing. Ideally, this is a book which should be on the bookshelves of international lawyers and academics throughout the European Union and beyond.
Views: 530 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: 1311 Phillip Taylor
Magistrates' Courts Criminal Practice 2011
BOOK REVIEW MAGISTRATES' COURTS CRIMINAL PRACTICE 2011 General Editor: David L Brewer Jordan Publishing Limited ISBN: 978-1-84551-273-2 www.jordanpublishing.co.uk PRACTICAL AND ACCESSIBLE HELP AND GUIDANCE FOR ADVOCATES IN THE MAGISTRATES' COURTS PLUS CD An Appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers In the words of Thomas LJ who writes the Foreword to this 2011 edition of 'Magistrates' Courts Criminal Practice', here's a textbook that sets out with clarity the main areas of practice and procedure of the criminal jurisdiction of the Magistrates' Courts. The key word here is 'clarity' -- ever a necessary but too often a rare attribute when it comes to legal texts -- but evident in abundance in this comprehensive and authoritative volume recently published by Jordans. Very much in the minds of the editor David Brewer and his team of nine expert contributors, are the changes in law and procedure that have taken place in the past decade and which, in the opinion of Thomas, have made the law more complex. The implications for justice here are of course worrying, which means that in the interests of justice, the aim of the Magistrates' Courts should be to ensure that all cases that come before them are dealt with fairness and efficiency, with the overriding objective as set out in the Criminal Procedure Rules that 'criminal cases be dealt with justly.' Achieving this objective as consistently as possible does depend on clarity, i.e. the clear identification of relevant issues, including those that are agreed and those that are disputed. This new edition of Magistrates' Courts Criminal Practice will undoubtedly be a boon to advocates in that it emerges as an excellent navigational aid, so to speak, for practice and procedure. It provides step-by-step advice on a vast number of court procedures, following the normal progression of a case. The work is divided into six parts starting with Part I, "The Procedural Guides", and Part II, the Elements of Offences, which commences with 'Definitions.' In Part I there are eighteen Procedural Guides, including the full spectrum of issues that can be conceivably encountered in the magistrates' court, from commencement of proceedings and legal advice and representation... to evidence and sentencing... to civil applications and appeals. Each procedural guide is logically presented in three concise sections: first the Legal Background, followed by Procedure, (laid out for ease of access in a three column format) followed by very often copious and detailed explanatory notes as appropriate. In Part II, the 'Elements of Offences section lists 118 offences with a concise explication of each. Parts III to VI include Statutes, Statutory Instruments, Practice Directions, Codes of Practice and Guidelines. Within its almost 3 000 pages this noteworthy useful volume, includes all the relevant up to date content including the Criminal Procedure Rules 2010 up to and including the 2nd amendment... coverage of the Youth Court Bench Book 2010...and all other recent legislative changes. This is indeed an essential work of reference for all practitioners who routinely deal with cases in the Magistrates' Courts. The law is stated as at February 2011.
Views: 439 Phillip Taylor
Arbitration Act 1996 4th edition by Robert Merkin and Louis Flannery
BOOK REVIEW . ARBITRATION ACT 1996 - Fourth Edition By Robert Merkin and Louis Flannery ISBN: 978-1-84311-778-0 Informa www.informa.com THE DEFINITIVE REFERENCE FOR THE PRACTITIONER AND ARBITRATOR An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers In the words of Merkin and Flannery, the Arbitration Act 1996 'was intended to be both a fresh start and the closest thing to a definitive code of arbitration law that has ever been enacted in England'. This book is the definitive referencer for the statute. This, the latest 4th edition of 'Arbitration Act 1996' published at the end of 2008 follows the publication in 1996 of 'Arbitration Act 1996: An Annotated Guide' in followed in turn by a 2nd edition in 2000, a 3rd edition in 2005 -- all by the same expert authors. Even in the 3 years that elapsed between the third and fourth editions, so much new case law has emerged that a new edition of this definitive work became necessary... and with a view to taking a fresh look at the Act. The fourth edition therefore endeavours to cover all the major decisions emanating from the English courts, in particular from the Commercial Court and the Technology and Construction Court, where most matters related to arbitration are most commonly heard. An outstandingly helpful feature for the practitioner, members of the Chartered Institute of Arbitrators and those involved as arbitrators will be the detailed notes appended to each section. These notes explain the meaning of the section and cite the relevant cases which deal with the interpretation of the wording of the section which can make some sense to us as users. So, whatever section of the Act you are looking up, you have the expert views of meaning and interpretation immediately to hand. As a clear and comprehensive review of the present state of the 1996 Act, this erudite volume excels. The deliberations that led to the passing of the Act are well explained and its provisions are examined in detail, with particular problem areas highlighted. Specific Civil Procedure Rules (CPR), as they affect applications to the court, are referred to and include cross-references to the Departmental Advisory Committee Reports upon which the Act is based. Also included is the full text of the Act, Part 62 of the Civil Procedure Rules and the Departmental Advisory Committee reports. In particular, and in addition to the wealth of new cases cited in this edition, there are three cases included which illustrate several issues of principle concerning the Act: Premium Nafta (Fiona Trust), West Tankers and Lesotho Highlands). These issues have been aired in the House of Lords (as it then was) since publication of the 3rd edition. Also included where possible are the authors' references to significant decisions from other common law jurisdictions to assist overseas arbitrations. As you would expect from an authoritative work of reference such as this, there are extensive Tables of Cases and Legislation, four schedules, nine appendices and a comprehensive index. The book incorporates cases decided up to the end of Oct. 2008, including the Court of Appeal decision in IPCO Nigeria v NNPC highlighting the definitive nature of this referencer which eases the work of the arbitrator enormously.
Views: 1165 Phillip Taylor
Money Laundering Law and Regulation
BOOK REVIEW MONEY LAUNDERING LAW AND REGULATION A Practical Guide By Robin Booth, Simon Farrell QC Guy Bastable, and Nicholas Yeo Oxford University Press ISBN: 978-0-19-954303-8 www.oup.com MONEY LAUNDERING: 'A DIFFCULT AND CONTENTIOUS AREA OF LAW' -- AND IT CAN IMPACT ON YOU! An Appreciation by Phillip Taylor MBE and Elizabeth Taylor from Richmond Green Chambers This aptly subtitled 'Practical Guide' from the OUP is certainly in the 'must buy' category for any practitioner involved in any aspect of domestic anti-money laundering law and regulation. It's particularly relevant to any Counsel who accept public access instructions. Not only does it explain and elucidate the key concepts of money laundering law introduced by the Proceeds of Crime Act of 2002, it injects throughout, a wise note of caution on the ways in which this legislation, designed to apprehend the guilty, can also impact on the innocent. The authors refer here to 'the scale and frequency with which law enforcement activity impacts on individuals and businesses innocent of any criminal activity or intention'. The book therefore deals, among a host of other issues, with the effect of current anti-money laundering measures on, for example, bank or financial services employees, or other professionals or professions now regulated for money laundering purposes. The book concerns itself therefore, not so much on such issues as proceeds of crime, or 'stripping criminals of their ill-gotten gains', but with the activity of money laundering and the law intended to combat money laundering, now commonly viewed as a key weapon in the fight against terrorism. Such areas as the law and regulation relating to money laundering and the criminal liability pertaining to it, as well as disclosure, customer due diligence and other obligations which the legislation has created...and much more of course -- are all duly dealt with. Key concepts and their practical application are all clearly explained, as is the current anti-money laundering regime, which is discussed in the context of international and European obligations. The book's secondary purpose is to help the practitioner deal with circumstances brought about by the impact of anti-money laundering law on either individuals or companies; the freezing of a bank account for instance or the seizure of cash. Seizure powers and restraint orders are therefore included in the book. Here then, is a comprehensive and logically laid out work of reference written by experts in this 'difficult and contentious area of law'. To aid further research, extensive tables of cases and legislation are included, together with a detailed glossary and useful index. The busy practitioner will also appreciate that among the eight appendices, there's a lengthy and certainly time-saving list of relevant websites. The law is stated as at 1 November 2010 and it shows just how money laundering can impact on you in this excellent practical guide.
Views: 1375 Phillip Taylor
Marshall Hall  long clip
BOOK REVIEW MARSHALL HALL A Law unto Himself By Sally Smith QC ISBN: 978 0 85490 187 6 WILDY, SIMMONDS & HILL PUBLISHING www.wildy.com A COMPASSIONATE MAN WHO WILL REMAIN MOST SPECIAL TO ALL ADVOCATES AND TO THE GENERAL PUBLIC An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This important biography is a book about yesterday for today’s readers before everything changes with the way we do our legal business. However, Sir Edward Marshall Hall will always remain top of the advocate’s tree as a man who fitted into a particular part of our more recent legal history during that winding down period of what was a particularly brutal and insensitive judicial past. Sally Smith QC gives us the twenty-first century view of an Edwardian barrister following on the seminal work from Edward Marjoribanks which people of my vintage read as part of our legal studies decades ago. Counsel today are not (thankfully) viewed in the same way as they were in the early 20th century. The Bar has rightly moved away from its heavy newspaper emphasis on “celebrity lawyers” in a different media age although we do have a few contemporary contenders whom we all know and love! The bitchiness and downright hostility and grudge-holding which permeated the Bar of the past are well documented in this thoughtful and well-constructed new biography. Smith has not been constrained by sycophancy which has been the problem of so many biographies when the subject has recently passed on. So we have a reasoned and meticulous analysis for 2016. That is not to say that Marjoribanks produced a work with only the good points covered because he did not so his work should always be read for the excellent points of advocacy and speech detail covered in 1930s. He had to leave certain matters out which were and remain common knowledge about Marshall within the Bar and made him the man he was. We now have a better picture of Marshall the man thanks to Sally Smith. I am sure most judges are delighted not to have to sit through a modern day Marshall Hall, if she or he could ever exist now. It’s highly unlikely as they would probably be disbarred if not sent to Coventry pretty quickly if they tried some of the splendid devices Marshall used (which still work, actually, but be very, very careful). Not everyone can be such a good advocate because one cannot, as Marshall’s life shows, learn such an attribute or facility: it has to be experienced. Yes, experience does count but the very frailty and vulnerability of the human condition makes the successful advocate that very special person who was needed at a time of judicial homicide and massive public interest in capital trials. Fortunately, we can decline the services, generally, of a modern day Marshall because the sanctions are all most moderate in comparison with his time yet the crimes were just as gruesome. There’s something about a capital trial which is always going to be different and the nearest we get to it today here is the death sentence passed on a pet (non-human) unless one has actually represented parties in capital proceedings abroad. One can reflect, when reading Sally’s exceptionally crafted account of Marshall’s life, why he was the way he was irrespective of the outcome of his cases and those clients who lied to him: it has happened to all of us, of course. There is always a bit of Marshall Hall in all of us as advocates even today when we are heavily constrained by what we say and do. The recommendation is that all budding advocates should ensure they read this new well-researched version of Marshall’s life afresh, especially trainee lawyers at any level. If he was nothing else, Marshall lives as a man with a warning about how we should do things in our forensic world: with care, meticulous planning and checking, relevant specific expertise and a special flamboyance so often sneered at by some both then and now… but it does work! And this book also works for modern Counsel today and should be compulsory reading for all lawyers and general readers for the future. Final words are left to Smith at the end of the 19 chapters when she writes that “Marshall was the ultimate exponent of total advocacy: he lived his entire life as though the world was one huge courtroom and its inhabitants a universal jury to beguile. He cared little or nothing for the restraints of his profession, or for the discipline of the law; be he introduced the concept of compassion into a legal system in which it was lacking, was universally adored and trusted by those whom that system is meant to serve, made speeches of such extraordinary power that they have lived on for more than a century and, more important of all, saved many lives. No other lawyer could claim that.” Absolutely!
Views: 334 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: 493 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: 503 Phillip Taylor