Civil remedies Books

Book SynopsisTrusted by generations of students and litigators, this classic text is unrivalled in its detail and provides a thorough and highly practical overview of the key principles and procedures employed in the civil courts.Table of Contents1: Introduction 2: Funding litigation 3: The civil courts 4: Overriding objective and human rights 5: Pre-action protocols 6: Issuing and serving 7: Renewal of process 8: Part 8 claims and petitions 9: Low value road traffic accident claims 10: Alternative dispute resolution 11: Service outside the jurisdiction 12: Responding to a claim 13: Default judgment 14: Statements of case 15: Track allocation and case management 16: Costs management 17: Costs capping and protection 18: Requests for further information 19: Parties and joinder 20: Additional claims under Part 20 21: Limitation 22: Amendment 23: Interim applications 24: Summary judgment 25: Interim payments 26: Security for costs 27: Small claims track 28: Fast track 29: Multi-track 30: Striking out, discontinuance, and stays 31: Disclosure 32: Witness statements and affidavits 33: Hearsay 34: Admissions and documentary evidence 35: Experts 36: Offers to settle 37: Sanctions 38: Listing and pre-trial reviews 39: Trial 40: Remote hearings 41: Judgments and orders 42: Interim injunctions 43: Freezing injunctions 44: Search orders 45: Norwich Pharmacal and related disclosure orders 46: Costs 47: Qualified one-way costs shifting 48: Enforcement 49: Judicial review 50: Appeals

Read more less

Book SynopsisA thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future.The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common FraTrade ReviewA masterly survey of the remedies for breach of contract * Professor Richard Hooley, Cambridge Law Journal *A well-written and highly informative contribution to the literature on remedies for breach of contract... Rowan manages to construct a finely balanced view on how the availability of performance-orientated remedies in English law could (and should) be enhanced, without by-passing or interfering with established tenets of English law If you want to read up on contract law, add it to your essential reading list. * Vanessa Mak, Modern Law Review *The author does a fine job of describing and comparing the different approaches of the English and French legal systems, and, in doing so, she identifies the jurisprudential differences between the two systems. * Howard Hunter, Journal of Contract Law *Table of ContentsPART I: THE SPECIFIC ENFORCEMENT AND THE DISCHARGE OF PRIMARY OBLIGATIONS; PART II: THE SECONDARY OBLIGATION TO PAY DAMAGES; PART III: ENHANCING THE PROTECTION OF THE PERFORMANCE INTEREST

Read more less

Book Synopsis'Charging Orders on Land: Law, Practice and Precedents' is an authoritative and practical guide to the issues of enforcement of money judgments by obtaining a charging order over the debtorâs property and then an order for sale.. This edition also contains a new chapter on insolvency regimes.Table of ContentsForeword to the Second Edition; Foreword to the First Edition; List of Abbreviations; Civil and Family Procedure Rules – Comparison Tables; Table of Cases; Table of Statutes; Table of Statutory Instruments; Table of European Conventions 1 INTRODUCTION Introduction Overview of charging orders Brief history of charging orders 2 CIRCUMSTANCES FOR OBTAINING A CHARGING ORDER Introduction Who can apply for a charging order? Property which may be charged Exercise of the court’s discretion Commercial Rent (Coronavirus) Act 2022 Breathing Space Moratorium and Mental Health Crisis Moratorium 3 PROCEDURE FOR OBTAINING A CHARGING ORDER Procedural framework Application to the court Interim charging order Final charging order Insolvency restrictions Basic procedure tables 4 PRIORITIES AND PROBLEMS Basic rule of priority Types of interest over which a charging order can be made Protection of priority under the Land Registration Act 2002 Charging orders, mortgages and sales Other priority problems 5 DISCHARGE OR VARIATION OF A CHARGING ORDER Introduction Grounds which are open to particular applicants Grounds for discharge Grounds for variation Procedure in the courts The procedure on a reference to the First-tier Tribunal Basic procedure table 6 ENFORCEMENT Introduction Court’s jurisdiction and the appropriate court Orders for sale Appointment of a receiver Limitation 7 OTHER TYPES OF CHARGING ORDER Council Tax (Administration and Enforcement) Regulations 1992 Solicitors Act 1974, section 73 Insolvency Act 1986, section 313 Agricultural Holdings Act 1986, sections 85, 86 and 87 Landlord and Tenant Act 1927 Partnership Act 1890, section 23 Road Traffic Act 1991 Child Support Act 1991, sections 33 and 36 Mental Capacity Act 2005, section 18 Housing Act 2004, sections 49 and 50, Schedule 13 Highways Act 1980 Legal Aid, Sentencing and Punishment of Offenders Act 2012 8 INSOLVENCY Introduction Definition of insolvency Overview of individual insolvency procedures The debt respite scheme Overview of corporate insolvency procedures Insolvency restrictions APPENDICES PART A – STATUTORY MATERIAL A1 Charging Orders Act 1979 A2 Civil Procedure Rules, Part 73, Section I A3 Civil Procedure Rules, Practice Direction 73, Section I and Appendix A A4 Family Procedure Rules, Part 40 A5 Family Procedure Rules, Practice Direction 40A, Section I PART B – PRECEDENTS B1 Completed Specimen Form N379: Application for Charging Order on Land B2 Completed Specimen Form FE6: Application for Charging Order on Land B3 Completed Specimen Form N86: Interim Charging Order – Court Order B4 Witness Statement to Oppose Making of Final Charging Order B5 Order for Discharge of Charging Order where No Final Order Made B6 Completed Specimen Form N87: Final Charging Order – Court Order B6A Suggested wording for an application for a non-standard restriction B7 Standard Order 4.13 B8 Standard Order 4.14 B9 Form N244: Application Notice B10 Witness Statement in Support of Application to Discharge Final Charging Order B11 Draft Order for Discharge of Charging Order after Final Charging Order Made B12 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – I B13 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – II B14 Witness Statement in Support of Application for Sale – I B15 Witness Statement in Support of Application for Sale – II B16 Standard Form of Charging Order (Bankruptcy) B17 Draft Directions B18 Order: Joint Owners Tenanted B19 Order: Sole Legal Owner Overseas Entity Tenanted Index

Read more less

Book Synopsis

Read more less

Book SynopsisThis book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU. Key features include: a detailed overview of the EU and EFTA case-law relating to consortia agreements and associated competition rules application of the single economic unit doctrine in public procurement to the question of liability for participating in bid rigging a clear explanation of how the grounds for exclusion referred to in Article 57(4)(d) of Directive 2014/24/EU apply to third parties and subcontractors guidance on the interpretation of the regulations in relation to the exclusion of a contractor from public procurement proceedings information on self-cleaning activities which contractors can engage in in order to prevent exclusion. Combating Collusion in Public Procurement will prove an invaluable resource for legal practitioners, courts and review bodies dealing with public procurement and competition cases. The information provided on the current legislation ensures contractors, contracting authorities and antitrust authorities will also benefit from this book, together with researchers interested in the field.Trade Review'This is the most comprehensive book currently available on the state of European Union law on this subject, it is a must have for the bookshelf of any lawyer dealing with competition law or public procurement law related to consortias or other kinds of cooperation among tenderers. I recommend this book without hesitation.' --Jesper Fabricius, Partner and Attorney-at-Law, Accura, Denmark'This book considers the interplay between competition rules and public procurement in European Union law in the context of joint bidding for a public contract, and the potential distortion of competition, which may result in the exclusion of bidders from public procurement proceedings. A comprehensive look at this important matter, both from an academic and a professional point of view, was undoubtedly needed. Kuzma and Hartung have succeeded in giving a precise account of how the concept of discretionary exclusion grounds should be understood and how Article 57(4)(d) of Directive 2014/24/EU should be interpreted. This well-structured book is a must-read for everyone interested in competition and public procurement law.' --Piotr Bogdanowicz, Warsaw University, PolandTable of ContentsContents: 1. Introduction 2. How Should The Concept Of Discretionary Grounds For Exclusion Be Understood? 3. Breach Of Competition Law As The Basis For Exclusion 4. Application Of The Single Economic Unit Doctrine For The Purposes Of Exclusion Grounds Based On Article 57(4)(D) Of Directive 2014/24/EU 5. Consortia In Public Procurement 6. Joint Bidding Using Structures Other Than A Consortium And Their Effect On Competition 7. Consortia And Subcontract Agreements As Part Of A Single And Continuous Infringement 8. Consequences Of Exclusion Based On Article 57(4)(D) Of Directive 2014/24/EU For Future Tender Procedures And Possible Measures For Avoiding Exclusion (Self-Cleaning) Index

Read more less