Law Books

Book SynopsisThe practical book compares the increasingly popular NEC family of contracts with other construction industry standard forms.Table of ContentsContents: Introduction Chapter 1 NEC3 compared and contrasted with JCT Chapter 2 NEC3 compared and contrasted with FIDIC Chapter 3 PSC3 compared and contrasted with RIBA Standard Agreement Chapter 4 PSC3 compared and contrasted with ACE Agreement Chapter 5 PSC3 compared and contrasted with RICS Standard Appointment Chapter 6 PSC3 compared and contrasted with CIC Consultants' Contract Chapter 7 PSC3 compared and contrasted with JCT Consultancy Agreement Chapter 8 NEC3/PSC3 compared and contrasted with PPC2000 Chapter 9 NEC3/PSC3 compared and contrasted with JCT-Constructing Excellence Contract

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Book SynopsisOption C is a target cost contract with an activity schedule where the out-turn financial risks are shared between the client and the contractor in an agreed proportion. This document contains all the core and secondary option clauses, the schedules of cost components, and contract data relevant to an option C contact. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.Table of ContentsCore clauses • 1 General • 2 The Contractor’s main responsibilities • 3 Time • 4 Testing and Defects • 5 Payment • 6 Compensation events • 7 Title • 8 Risks and insurance • 9 Termination Dispute resolution W • Option W1 • Option W2 Secondary option clauses • X1 Price adjustment for inflation • X2 Changes in the law • X4 Parent company guarantee • X5 Sectional Completion • X6 Bonus for early Completion • X7 Delay damages • X12 Partnering • X13 Performance bond • X14 Advanced payment to the Contractor • X15 Limitation of the Contractor’s liability for his design to reasonable skill and care • X16 Retention • X17 Low performance damages • X18 Limitation of liability • Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996 • Y(UK)3 The Contracts (Rights of Third Parties) Act 1999 • Z Additional conditions of subcontract Note Options X3, X8 to X11 and Y(UK)1 are not used Schedule of Cost Components Shorter Schedule of Cost Components Contract Data Index OGC endorsement of NEC3 OGC advises public sector procurers that the form of contract used has to be selected according to the objectives of the project, aiming to satisfy the Achieving Excellence in Construction (AEC) principles. This edition of the NEC (NEC3) complies fully with the AEC principles. OGC recommends the use of NEC3 by public sector construction procurers on their construction projects

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Book SynopsisOption E is a cost reinbursable type contract where the financial risk is taken largely by the client. This document contains all the core clauses and secondary option clauses the schedules of cost components, and contract data, relevant to an option E contract. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.Table of ContentsCore clauses • 1 General • 2 The Contractor’s main responsibilities • 3 Time • 4 Testing and Defects • 5 Payment • 6 Compensation events • 7 Title • 8 Risks and insurance • 9 Termination Dispute resolution W • Option W1 • Option W2 Secondary option clauses • X2 Changes in the law • X4 Parent company guarantee • X5 Sectional Completion • X6 Bonus for early Completion • X7 Delay damages • X12 Partnering • X13 Performance bond • X14 Advanced payment to the Contractor • X15 Limitation of the Contractor’s liability for his design to reasonable skill and care • X16 Retention • X17 Low performance damages • X18 Limitation of liability • Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996 • Y(UK)3 The Contracts (Rights of Third Parties) Act 1999 • Z Additional conditions of contract Note Options X1, X3, X8 to X11 and Y(UK)1 are not used Schedule of Cost Components Shorter Schedule of Cost Components Contract Data Index OGC advises public sector procurers that the form of contract used has to be selected according to the objectives of the project, aiming to satisfy the Achieving Excellence in Construction (AEC) principles. This edition of the NEC (NEC3) complies fully with the AEC principles. OGC recommends the use of NEC3 by public sector construction procurers on their construction projects

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Book SynopsisThe Term Service Contract is an entirely new NEC document and is intended to be used for the appointment of a supplier for a period of time to manage and provide a service. This document contains the core clauses, the three main option clauses, secondary option clauses and contract data forms. ENDORSEMENTSConstruction Clients' Board endorsement of NEC3The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports theTable of ContentsCore clauses • 1 General • 2 The Contractor’s main responsibilities • 3 Time • 4 Testing and Defects • 5 Payment • 6 Compensation events • 7 Use of equipment, Plant and Materials • 8 Risks and insurance • 9 Termination Main option clauses • A Priced contract with Price List • C Target contract with Price List • E Cost reimbursable contract Dispute resolution • Option W1 • Option W2 Secondary option clauses • X1 Price adjustment for inflation • X2 Changes in the law • X3 Multiple currencies • X4 Parent company guarantee • X12 Partnering • X13 Performance bond • X18 Limitation of liability • X19 Providing the Service by Task Order • X20 Key Performance Indicators • Options Y Compliance with national legislation • Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996 • Y(UK)3 The Contracts (Rights of Third Parties) Act 1999 • Z Additional conditions of subcontract Note Options X15 to X11, X14 to X17 and Y(UK)1 are not used Price List Contract Data Index

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Book SynopsisThese guidance notes explain the provisions of the Term Service Short Contract when it is used for a simple, low risk contract. The flow charts show the procedural logic on which the TSSC is based and are published in this volume for reference. ENDORSEMENTS Construction Clients' Board endorsement of NEC3The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports the NEC3 Term Service ContractsTable of ContentsIntroduction When to use the TSSC The TSSC package • Stage A: How an Employer invites tenders for a job 2 • Stage B: How a tenderer makes an offer 4 • Stage C: How a contract is made 5 Notes on the clauses Joining subcontract disputes with main contract disputes • Examples Stage A: How an Employer invites tenders for a job • A1 Title page • A2 Contract Data • Stage B: How a tenderer makes an offer • B1 The Contractor’s Offer • Stage C: How a contract is made • C1 The Employer’s Acceptance • C2 Title page • C3 Contract Data Multi-party partnering Flow charts

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Book SynopsisThis document contains guidance notes on the NEC3 Supply Contract, which explain how to complete the SSC when it is used for a simple, low risk contract. The accompanying flow charts depict the procedures followed when using the contract. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.Table of Contents• Introduction • When to use the SSC • The SSC package Stage A: How a Purchaser invites tenders for goods Stage B: How a tenderer makes an offer Stage C: How a contract is made • Notes on the clauses • Joining subcontract • disputes with main • contract disputes • How to use the SSC as a subcontract • Examples Stage A: How a Purchaser invites tenders for goods A1: Title page A2: Contract Data Stage B: How a tenderer makes an offer B1: The Supplier's Offer Stage C: How a contract is made C1: The Purchaser's acceptance C2: Title page • Example Batch Order • Flow charts

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Book SynopsisFully updated, this new edition of CDM 2015: Questions and Answers provides concise answers to frequently asked questions about the management of health, safety and welfare on construction projects. The book shows how the 2015 CDM regulations apply in the context of everyday problems encountered in a construction project, and offers practical guidance and examples that illustrate good practice in this area.Drawing on recent case studies and lessons learned, coverage in this edition includes: updated practical guidance on the roles, responsibilities and duties set out in the 2015 CDM regulations a comprehensive guide to managing health and safety on site a new section on well-being and occupational health, including protecting the mental health of construction workers, use of hazardous substances, and post-Covid-19 site operating procedures a summary of changes introduced by the Building Safety Act and Fire Safety Act. Th

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Book SynopsisFIDIC 2017: The Contracts Manager’s Handbook is a practical guide to the effective use of the management procedures within the 2017 FIDIC suite of contracts. It is an essential companion for all users of the FIDIC 2017 suite of contracts, and for users from any position in the management chain, whether Employer, Engineer or Contractor.

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Book SynopsisSusan Gluck Mezey''s newest book, Gay Families and the Courts, is a compelling examination of the role of the state and federal courts in furthering the goals of the gay and lesbian community. Unlike Mezey''s earlier book, Queers in Court, this book evaluates the extent to which litigation is effective in advancing equal rights for gay families_families in which at least one member is gay_as they seek to expand their opportunities and battle discrimination. Mezey shows how the courts address gay and lesbian rights and sexual orientation in schools and social organizations such as the Boy Scouts along with family-oriented problems such as marriage and parenthood. In doing so, Mezey emphasizes the complexity of the issues involved in the cases, and assesses the degree to which the outcome of the litigation is explained by the type of case, the type of court, and the judge''s perception of his or her role as a policymaker. It is a valuable reference for scholars interested in judicial, leTrade ReviewMezey's work is an excellent primer on high-profile gay rights issues such as same-sex marriage and freedom of association. Superbly indexed by subject heading as well as case law, with an invaluable bibliography, and aimed at a scholarly audience, this is recommended mainly for academic and law libraries. * Library Journal *A valuable resource for attorneys and scholars. * Booklist *In sharing her nuanced feelings about the role of courts, Mezey also provides succint and accessible overviews of the legal issues and the case law.... Recommended. * CHOICE *Gay Families and the Courts is a masterful survey of American case law affecting sexual minorities in the policy areas of parenting, marriage, schools, and the Boy Scouts. In characteristic fashion, Susan Gluck Mezey distills essential judicial decisions down to accessible cores and then fashions lively narratives from the array. The chapters on the Boy Scouts and on anti-gay bullying and harassment in primary and secondary education are especially compelling. -- Daniel R. Pinello, author of Gay Rights and American Law and America's Struggle for Same-Sex MarriageMezey (political science?Loyola Chicago) is an established author in the legal rights realm as it relates to women and minority groups. The relationship between public policy and the law as it pertains to LGBT issues is explored in an attempt to clarify where the courts stand with respect to the extent to which gay rights permeates marriage and the family, as well as the level to which a maturing framework for social change manifests itself within an evolving legal system. Mezey?s work is an excellentprimer for the researcher of high-profile gay rights issues, such as same-sex marriage and freedom of association. The manner in which judges in various states have analyzed, dissected, and parsed opposing arguments is presented in great detail. Common legal trends that cross state lines are noted, as the author explains the challenges facing plaintiffs who pursue untested notions. Mezey concludes that the concept of a constitutional guarantee of the right to same-sex marriage is doomed to failure as longas the judiciary refuses to embrace a theory of social change which incorporates a framework for marriage that includes both procreation and the social well-being of children within a society that permits marriage between members of the same sex. Supe * Criminal Law Library *Gay Americans have turned to the courts to seek full recognition of their rights not only as individuals, but as spouses, as parents, and as youth entrusted to others' care. Here, in one place, is a timely, comprehensive account of the evolving jurisprudence of these issues—and an even-handed assessment of whether this litigation-based strategy has been successful. -- Patrick Egan, Assistant Professor of Politics, New York UniversityMezey (political science–Loyola Chicago) is an established author in the legal rights realm as it relates to women and minority groups. The relationship between public policy and the law as it pertains to LGBT issues is explored in an attempt to clarify where the courts stand with respect to the extent to which gay rights permeates marriage and the family, as well as the level to which a maturing framework for social change manifests itself within an evolving legal system. Mezey’s work is an excellent primer for the researcher of high-profile gay rights issues, such as same-sex marriage and freedom of association. The manner in which judges in various states have analyzed, dissected, and parsed opposing arguments is presented in great detail. Common legal trends that cross state lines are noted, as the author explains the challenges facing plaintiffs who pursue untested notions. Mezey concludes that the concept of a constitutional guarantee of the right to same-sex marriage is doomed to failure as long as the judiciary refuses to embrace a theory of social change which incorporates a framework for marriage that includes both procreation and the social well-being of children within a society that permits marriage between members of the same sex. Superbly indexed by subject heading as well as case law, the author also provides an invaluable bibliography of print and electronic resources to assist the reader. The book is aimed at an academic audience and is thus recommended mainly for college, university, and law libraries. * Criminal Law Library *Susan Gluck Mezey has created an impressively researched and thorough account of recent litigation concerning the rights of sexual minorities in the United States….Overall, the book makes a tremendous contribution to the study of judicial policymaking and to the study of sexuality and politics by chronicling, in great detail, the litigation surrounding important elements of LGBT family life….these chapters offer an impressive overview of the litigation and the political reactions to it. Particularly useful is the discussion of the complex legal and political dynamics surrounding the brief court-mandated legalization in California and the quick enactment by votes of Proposition 8….Mezey has created a tremendous resource of students and scholars of the courts and the study of sexuality….an excellent addition to the growing scholarship on law, politics, and policies relating to sexual minorities and presents more evidence why this topic is particularly important for scholars of the judiciary. * Law and Politics Book Review *Table of ContentsChapter 1 Dedication Chapter 2 Acknowledgments Chapter 3 Introduction Chapter 4 Chapter 1: Parenting Chapter 5 Chapter 2: The Right to Marry: Part 1 Chapter 6 Chapter 3: The Right to Marry: Part 2 Chapter 7 Chapter 4: The School Setting Chapter 8 Chapter 5: The Boy Scouts Chapter 9 Conclusion Chapter 10 Cases Chapter 11 References Chapter 12 Index

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Book SynopsisAn exposé of how incredible wealth is funnelled through a country without benefiting its peopleTrade Review'Excellent insights and analysis showing how corporations and the rich are addicted to tax avoidance to the detriment of normal people. Informative and enjoyable to read' -- Prem Sikka, Professor of Accountancy at the University of Sheffield'An important book - it exposes industrial scale tax avoidance being organised by the Irish elites and enjoyed by the world's major corporations. It blends detailed research with impressive insight. It deserves a wide readership'. -- Richard Boyd Barrett: Member of Irish parliament for People Before Profit'An important book that deserves a wide readership. The claims that Ireland is a tax haven have been growing over recent years. This book adds important evidence to the claim and makes a passionate call for a more equal society' -- Professor Eoin Reeves, Head of the Department of Economics, University of Limerick, Ireland'A policy of consistent denial by the government, along with lazy media treatment of the issue, has meant that Ireland's status as a tax haven is an ongoing controversy. This book goes a long way in resolving this argument' -- Terrence McDonough, Emeritus Professor of Economics, NUI Galway, Ireland'A must read for anyone interested in understanding how global capitalism works in the 21st century' -- Dr Stewart Smyth, Birmingham Business School, University of Birmingham'An extremely important, and possibly the best, book to have been written about one of the world's biggest and most dangerous tax havens. It skewers the self-serving myths of crooked Irish elites to show how going down the tax haven route not only inflicts harm on other countries - it hurts its own population too' -- Nicholas Shaxson, author 'Treasure Islands: Tax Havens and the Men who Stole the World' (Vintage, 2011)Table of Contents1. Porn, Tax Dodging and Exploitation 2. Global Plunder 3. Making Treasure Ireland 4. Dirty Secrets 5. The Fixers 6. The Irish Financial Services Centre 7. Foreign Direct Avoiders 8. The Vultures Have Landed 9. The Case for the Defence 10. How Tax Dodging Harms Irish Society

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Book SynopsisUpdated with a fresh design and a new foreword by Chomsky, On Western Terrorism stands as an influential and powerful critique of the West's role in the world, inspiring all who read it to think independently and critically.Trade Review'Noam Chomsky is arguably the most important intellectual alive today' -- New York Times'Chomsky's maturity has endowed him wisdom that acts as a complement to his astonishing command over the specifics of the whole spectrum of political concerns' -- Richard Falk, Foreign Policy Journal'It is absolutely essential reading for anyone wishing to understand the current context of contemporary geo-politics by revealing the often-hidden histories that have given rise to it, as well as highlighting the pressing issues facing the world which are usually ignored going forward' -- Joe Turnbull, inkyneedles.com'It makes for enlightening, provocative and revealing reading and it's a welcome antidote to the plethora of books and films on the 'horrors' of communism' -- John Green, Morning Star'Chomsky is undoubtedly one of the greatest radical thinkers and one should give him credit for the humility and curiosity he demonstrates throughout the book.' -- Marx and Philosophy Review of BooksTable of ContentsPreface to the Second Edition Introduction 1. The Murderous Legacy of Colonialism 2. Concealing the Crimes of the West 3. Propaganda and the Media 4. The Soviet Bloc 5. India and China 6. Latin America 7. The Middle East and the Arab Spring 8. Hope in the Most Devastated Places on Earth 9. The Decline of U.S. Power Timeline Index

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Book SynopsisChina is a transitional society with one of the highest inequality rates in the world. Criminologists would typify this as a highly toxic combination, creating very high levels of crime. Yet China reports extremely low crime rates. How might this be? With this book, Børge Bakken shows that the reality in China does not match the rosy picture of low crime and rule-by-law that the authorities present to the world. Looking beyond the statistics, Bakken discovers that violent crime is a particularly sensitive issue', deliberately censored by party propaganda and by an unaccountable police force that can vanish' any type of crime to a degree that makes a crime rate' a mere formality. As Bakken reveals, official Chinese crime statistics cannot be used to make assumptions about China''s crime profile. Even the assumption that crime represents the problem and control its solution is not valid, Bakken argues. Because when control becomes part of the problem, the false assumption of a Trade Review"Børge Bakken’s incisive analysis reveals China as a far higher crime society than fraudulent statistics suggest. As we turn the pages of this sophisticated book, we grasp the evolution of a society where “the rich get richer and the poor get execution”. This is a monumental contribution to comprehending the devolution of despotism and dissent. What Bakken describes is a surveillance capitalist authoritarianism produced by a Chinese Communist Party that learned from Western tech corporations."John Braithwaite, University of Maryland "An engagingly written, evidence-based account that demolishes long-standing myths about the nature of crime and punishment in China, not least the regime's efforts to systematically hide the widespread violence and soaring crime rates that lurk behind one of the world’s most unequal societies."Frank Dikötter, University of Hong KongTable of ContentsMap Chronology Introduction Shùzì / Numbers 1. The Manipulation of Chinese Crime Statistics Chu ngsh ng / Trauma 2: The Historical Patterns of Crime, Violence, and Trauma Páichì / Exclusion 3: Transition, Inequality, and Exclusion: Two Kinds of People Ji nshì / Surveillance 4: Big Brother, Big Bucks, and Big Data: The Chinese Surveillance State Yánlì / Harshness 5: ‘Hard Strikes’ and Moral Panics: The Craze of Anti-Crime Campaigns Zhèngyì / Justice 6: Legal Hierarchies, Punitive Practices, and Changing Norms 7: Concluding Remarks References

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Book SynopsisThe inside story of a secret unit that has worked under cover to expose corruption in the Metropolitan Police since the early 1990s. 'If you want a book that is genuinely 'unputdownable' read BENT COPPERS' THE SUNTrade ReviewFew journalists are better qualified to write on the subject of corruption inside the Metropolitan Police than Graeme McLagan. Working with the BBC he has followed the topic for years...It is a very engaging read - the outrageous nature of bent cops' behaviour guarantees that * SUNDAY TELEGRAPH *This is a story that deserves to be told - warts and all -- Sir John Stevens * Metropolitan Police Commissioner *If you want a book that is genuinely 'unputdownable' read Bent Coppers -- Johnny Vaughan * THE SUN *

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Book Synopsis''An astonishing read, plunging you into a toxic world of Insta-wealth, betrayal and ruthless ambition... A con that made Theranos look like small fry'' - The Telegraph''The largest financial scam ever'' - Fortune''The story of OneCoin stands out even among the outlandish capers of the cryptocurrency era'' - Wall Street Journal____________________________________________________In 2014, a brilliant Oxford graduate called Dr Ruja Ignatova vowed to revolutionise money. The self-styled Cryptoqueen launched OneCoin, a bold new cryptocurrency that she promised would earn its investors untold fortunes and change the world. But by the end of 2017, with billions of dollars invested from every country on earth, Ruja Ignatova had disappeared - along with the money.The Missing Cryptoqueen tells the outrageous true story of the world''s most wanted woman and the author''s five-year hunt for the truth. It is a mTrade ReviewThe Missing Cryptoqueen investigates a con that made Theranos look like small fry... The tragic account of how it happened is an astonishing read, plunging you into a toxic world of Insta-wealth, betrayal and ruthless ambition * The Telegraph *A great story and a spectacular con * The Spectator *Outrageously entertaining... populated with the kind of gaudy crooks, ambitious crackpots and tragically hopeful hustlers we'd expect from a Coen brothers comedy. One can only hope this shocking, compulsively readable story serves as a cautionary tale * Irish Times *A story of a very modern scam full of intrigue * The i *A gripping read. Jamie Bartlett races through this compelling tale of corruption, ambition and intrigue * Irish Independent *

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Book SynopsisThe first part of this two-volume set is a highly practical text on how to best approach real-life computations. Coverage includes IT, NIC, Corporation Tax, CGT, Stamp Taxes and VAT. Useful guidance tools

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Book SynopsisMaking the Case provides clear explanations of how law protects sexual minority rights, making it an essential resource for supporting 2SLGBTQ+ students in Canadian schools.Trade ReviewThe authors do an excellent job of defining terminology and making the legal content accessible for lay readers. This book could serve as a practical guide for Canadian schools. -- J. Siegal, University of South Carolina Upstate * CHOICE Connect *Table of ContentsIntroduction: Point of Departure 1 Legal Possibilities and the New Schools2 The (New) Safe School 3 Whose Voices?4 The Challenge of the “New” 5 Making Spaces, Making Community Conclusion: Getting There Notes; Bibliography; Index

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisFrom a look at classics like Psycho and Double Indemnity to recent films like Traffic and Thelma & Louise, Nicole Rafter and Michelle Brown show that criminological theory is produced not only in the academy, through scholarly research, but also in popular culture, through film. This book provides a fresh way of looking at cinema.Trade ReviewAuthors Nicole Rafter and Michelle Brown have come up with an effective way of keying theory to film...[they] have managed to present a coherent summary of the most important theories that seek to explain crime, and to do it in a readable (sometimes even amusing) way. -- Ben Pesta,California LawyerAn interesting...book. * CHOICE *Table of ContentsList of Illustrations Preface 1 Introduction: Crime, History, Science Part I Biological Theories in the 19th Century 2 Moral Insanity and the Origins of Criminology 3 Phrenology: The Abnormal Brain 4 Criminal Anthropology: The Atavistic Brain 5 Evolutionary Theories: The Degenerate Brain Part II Biological Theories in the 20th Century 6 Stupidity Theories: The Backward Brain 7 Constitutional Theory: Bodytypes and Criminality 8 Criminology's Darkest Hour: Biocriminology in Nazi Germany 9 Contemporary Biocriminology Part III Biological Theories in the 21st Century 10 A Criminology for the 21st Century Notes References Index About the Author

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Book SynopsisTrade Review"The release of Freakery is as much a comment on modern academia as it is an intriguing exploration of the enduring fascination with the construction and presentation of those "who have been coarsely categorized as 'freaks,' 'curiosities', prodigies' and 'monstrosities.'" * Ethnologies *

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Book SynopsisThe number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call enlightened coercion, detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both sick and bad. Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a progressive and enlightened approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaTrade Review[T]his is an excellent book that will be of interest to sociologists who study punishment, health, deviance, and social control. It is well written and persuasive. Tiger effectively brought the sociology of knowledge to bear on a contemporary, policy-relevant question. This is no small accomplishment. While there are other critical books on drug courts available, Tigers approach is fresh and unique and therefore should be required reading by anyone studying the drug court movement. * Social Forces *[Judging Addicts] is interesting and well written, and perhaps its greatest strength lies in the way in which its author sets her discussion of the drug court initiative in a historic context. * Drugs: Education, Prevention and Policy *Table of ContentsBoth Bad and Sick2 Criminalizing Deviance: Reconciling the Punitive and Rehabilitative3 "The Right Thing to Do for the Right Reasons": The Institutional Context for the Emergence of Drug Courts 4 "Enlightened Coercion": Making Coercion Work5 "Force Is the Best Medicine": AddictionRecovery, and Coercion6 "Now That We Know the Medicine Works": Expanding the Drug Court Model

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Book SynopsisFirst published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

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Book SynopsisLegal skills are an important and increasing part of undergraduate law degrees as well as postgraduate vocational law courses. This fully updated fourth edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their experience of teaching and of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: â written communication; â mediation; â opinion writing; â drafting; â advocacy; â interviewing; â negotiation; â legal research. The text also considers the professional and ethical context of legal practice, provides an insight into the legal services landscape as well as offering valuable careers advice. Diagrams and flow charts help to explain and develop each skill and each chapter ends with suggestions for further reading. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century. Table of Contents1: Foreword by The Secret Barrister; 2: Chapter 1: Legal Writing: Basic Principles, Planning, Plain English and Presentation; 3: Chapter 2: Legal Writing: Applying Writing Skills – Letters, Memoranda, Briefs, Attendance Notes, Reports and Minutes; 4: Chapter 3: Legal Research; 5: Chapter 4: Practical Legal Research; 6: Chapter 5: Opinion Writing; 7: Chapter 6: Legal Drafting: Planning, Structure and Content of Formal Documents; 8: Chapter 7: Advocacy; 9: Chapter 8: Interviewing/Conferencing Skills; 10: Chapter 9: Negotiation; 11: Chapter 10: Mediation: The Process and Practice of Mediation as a Form of Dispute Resolution; 12: Chapter 11: Ethics; 13: Chapter 12: Legal Services Landscape; 14: Chapter 13: Careers, Employability and Commercial Awareness; 15: Index

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Book SynopsisIn todayâs highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture.This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices.Edited by an expert on lTable of ContentsForeword Introduction Part 1: What are Risk Management, Regulatory Compliance, and Ethics? Chapter 1: Operational Risk Management Chapter 2: Compliance, Corporate Governance, and Corporate Social Responsibility: Part I- The Interplay Between the Company, the Stakeholder and the Regulators Chapter 3: Compliance, Corporate Governance, and Corporate Social Responsibility: Part II-The Interplay Between the Company, the Stakeholder, and Shareholders Chapter 4: Understanding and Managing Behavioral Ethics Risk Chapter 5: Deconstructing Risk – Practical Understanding and Perspectives Chapter 6: Fostering Dialog About the Future of Law as Risk and Compliance are Coming into Their Own Part 2: Contract Risk Management & Insurance Considerations Chapter 7: Insurance: A Look Inside the Claims Department Chapter 8: Contract Risk Management within an Operational Context Chapter 9: Contract Risk and Uncertainty Management Chapter 10: Finding Opportunities in Risk for Small Businesses and Subcontractors Chapter 11: Supply Chain Risk Management Considerations in an Ever-Changing World Part 3: Corporate Compliance & Ethics Challenges Chapter 12: Operationalizing Compliance: Best Practices Chapter 13: Internal Investigations Chapter 14: Human Resources Considerations Chapter 15: The Self-Regulatory Organization’s Role in Promoting Ethical Behavior in Industry Chapter 16: Risk and Compliance Considerations in the Startup World Chapter 17: Corporate Compliance and Ethics Challenges, a European Perspective Chapter 18: Financial Considerations, a Global Perspective Part 4: Cyber, Data Risks and Technological Considerations Chapter 19: Considerations for a Successful Cybersecurity Program Chapter 20: Value and Risk in the Fourth Informational Revolution Chapter 21: The Convergence of Social Media, Technology and Data Chapter 22: Records Management/Records Retention Risk Considerations Chapter 23: Quality Management Considerations Chapter 24: Data Privacy Considerations, an International Viewpoint Chapter 25: Intellectual Property Considerations and Business Risk in China Part 5: Best Practices Emerging from Lessons Learned Chapter 26: Environmental Compliance Risk Management Chapter 27: Compliance Leadership Chapter 28: Ethics and Leadership Chapter 29: Risk and Innovation Chapter 30: Uncertainty Management Chapter 31: A View from the Top

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Book SynopsisTransforming Residential Interventions: Practical Strategies and Future Directions captures the emerging changes, exciting innovations, and creative policies and practices informing ground-breaking residential programs. Building on the successful 2014 publication Residential Interventions for Children, Adolescents, and Families, this follow-up volume provides a contemporary framework to address the needs of young people and their families, alongside practical strategies that can be implemented at the program, community, system, and policy levels. Using the Building Bridges Initiative as a foundation, the book serves as a how-to manual for making bold changes to residential interventions. The reader will learn from a range of inspired leaders who, rather than riding the wave of change, jumped in and created the wave by truly listening to and partnering with their youth, families, advocates, and staff. Chapters provide real-time practice examples and specific strategies that are transformational and consider critical areas, such as family and youth voice, choice and roles, partnerships, permanency and equity, diversity, and inclusion. These methods benefit youth with behavioral and/or emotional challenges and their families and will improve an organizationâs long-term outcomes and fiscal bottom line.This book is for oversight agencies, managed care companies, providers of service, advocates, and youth/family leaders looking for an exemplar guide to the new frontier of residential intervention. In this era of accountability and measurement, it will become a trusted companion in leading residential interventions to improved practices and outcomes.Trade Review"This new book is a must read for anyone involved with residential interventions! The focus on youth and family engagement is particularly exciting, as is the attention to current research and best practice. And, what sets this book apart, are the concrete strategies that can be implemented to take this service approach to the next level. I highly recommend this book!" – Johanna Bergan, Executive Director, Youth MOVE National, USA"Having effective strategies for maximizing relationships between residential providers and families is key to moving from principle to practice, achieving meaningful engagement and improving long-term outcomes. This publication provides real strategies and solutions and will inspire your journey to success." – Pat Hunt, Executive Director, FREDLA, USA"The authors are true champions for the well-being of children and families, never ceasing on their quest for best practices and clinical excellence. Their vision for partnership cannot be denied, with the ultimate partners being the children and families served through residential interventions. The voice of lived experience shines through like a beacon for authentic engagement, the only path forward." – Kari Sisson, Executive Director, Association of Children’s Residential Centers, USA"Our nation is waking up to the importance of our nation’s mental health system and that too many of our children and youth are facing significant behavioral and/or emotional challenges. Quality residential interventions are as important to a child or youth with behavioral and/or emotional challenges, and his/her family, as a quality cancer hospital is to a child being treated for cancer. This book is a must read for all professionals in the mental health, child welfare, juvenile justice and education fields who provide, fund and/or oversee residential interventions. The book shares practices and strategies about what it takes to ensure that all children and youth, and their families, receive the critical residential treatments and supports they need, within the context of their individual strengths and challenges, so that they can once again live together successfully in their homes and communities. This is our time!" – Susan N. Dreyfus, CEO Alliance for Strong Families and Communities and former Secretary of the Washington State Dept of Social and Health Services, USA"The work of the Building Bridges Initiative and its two publications on residential interventions for children, youth and families has revolutionized our thinking and our understanding of best practice around supporting youth with serious emotional challenges and their families. This latest volume should be mandatory reading for anyone working with, overseeing and/or funding residential programs. This book crystalizes our understanding of how to support children, youth and families, translating the latest developmental research into practical methods that can be used with residential interventions, and defines the bar by which purchasers of residential interventions and families who are considering residential should judge residential programs. We can accept nothing less than the very best developmental opportunities for the emotional health of our children and youth, and their families. Bravo for this important contribution to the field!" – Tracey Feild, former director of the Child Welfare Strategy Group of the Annie E. Casey Foundation, USA"Over the past decade, the field of child welfare has made remarkable gains in the development of creative approaches to supporting children, families, and communities. This transformation has taken the form of greater integration of mental health services, enhanced community-based interventions, the expansion and diversification of wraparound approaches, and a greater focus on prevention and early intervention across all systems. As this paradigm shift has taken place, we have also begun to use residential interventions as a short-term tool for supporting successful reunification for youth and families, and helping youth achieve permanency. This book provides invaluable insights into the monumental transformation happening in the field today and is a must-read for practitioners who are working to create comprehensive systems of care that can flexibly and responsively serve children and families." – Ken Berrick, Founder and Chief Executive Officer, Seneca Family of Agencies, USA"Calling for the 2020s to be the 'Decade of Residential Practice,' this book sets a high bar for what is required to effectively integrate residential interventions into the network of community-based care and support for youth and families. With this second volume that includes practice innovations, policy approaches, planning and evaluation strategies, and first-person accounts, readers can gain practical information on how to infuse the Building Bridges framework of principles and practices into the way residential interventions are being implemented in their community. What is most apparent in this second volume, is the collective voice and purpose of the authors – families, youth, providers, policy makers, and researchers. They speak as one in their unified message of what it takes to implement quality residential interventions in a way that is affirming to all. The work of ensuring high standards and the principles and practices of the Building Bridges framework that are so eloquently laid out in this book is far from done. But this book provides tangible evidence that it can, and is, being done increasingly in communities across America. The 'Decade of Residential Practice' will require a strong commitment to continued dialogue, honest reflection, and strategic thinking. This second volume provides a roadmap for how to do just that." – Scott Bryant-Comstock, President and CEO, Children’s Mental Health Network, USA"The use of Residential Interventions in the United States is undergoing transformational change and just in time to impact how to think about the ‘best use’ of residential interventions is this new book by leaders in Systems of Care and Therapeutic Residential Interventions for youth and their families. Continuing on the ground-breaking work started by the Building Bridges Initiative, these thought leaders are challenging the field to focus on measurable outcomes for youth and families using residential interventions as a platform for recovery embedded in mature, community-based systems of care. A must read for anyone working with youth with significant behavioral health conditions and their families that may choose a period of out-of-home care." – Christopher Bellonci, M.D., DFAACAP Vice President of Policy and Practice Chief Medical Officer Judge Baker Children’s Center; Medical Director of the National Technical Assistance Center for Children’s Behavioral Health. Adjunct Associate Professor at Tufts University School of Medicine Member of the Faculty of the Harvard Medical School, USA"This book offers the most up-to-date, productive and constructive practice guidance for improving residential practices. It encourages readers to embrace change as an ongoing and evolutionary imperative given the significant impact of the service and support community on the lives of youth and families. The authors and editors all support the inevitable reality that everyone has a part to play in transforming residential interventions and advance clear direction on the roles we all must accept to ensure positive outcomes are achieved." – Jody Levison-Johnson, President & CEO, Council on Accreditation and President, Building Bridges, Inc. Board of Directors, USATable of ContentsAbout the EditorsAbout the ContributorsAcknowledgementsPreface Transforming Residential Interventions: A Practice Framework ROBERT E. LIEBERMAN, JANICE LEBEL, BETH CALDWELL, JOE ANNE HUST, JULIE COLLINS, AND GARY M. BLAU Putting Families First: Strategies to Transform and Advance Family Engagement and Partnership ANNE KUPPINGER, JOE ANNE HUST, PAT HUNT, PAT MOSBY, SHERRI HAMMACK, AND BETH CALDWELL Youth Engagement and Empowerment Strategies JAMMIE GARDNER, LACY KENDRICK BURK, AND RAQUEL MONTES Advancing Equity, Diversity, and Inclusion in Residential Interventions TANVI AJMERA, JULIE COLLINS, LINDA HENDERSON-SMITH, CHANDLER COGGINS, AND GARY M. BLAU Residential Transformation: Successful Strategies and Examples JANICE LEBEL, MARTHA J. HOLDEN, DEBORAH A. FAUNTLEROY, LETICIA GALYEAN, WILLIAM R. MARTIN, AND CARLENE CASCIANO-MCCANN Residential Intervention Strategies to Accelerate Permanency CHRISTOPHER BEHAN, JAMES LISTER, DIANNA WALTERS-HARTLEY, LAUREN FREY, EVETTE JACKSON, AND MARLONY CALDERON Residential Oversight Agencies: Successful Strategies and Examples for Residential Transformation ELIZABETH MANLEY, JANICE LEBEL, AND KAMILAH JACKSON Establishing Partnerships to Improve Aftercare and Long-Term Outcomes for Youth and Families Served Through Residential Interventions JOE FORD, DEBRA MANNERS, WENDY WANG, ROBERT E. LIEBERMAN, JURON MCMILLAN, AND BETH CALDWELL Evidence-Informed Residential Programs and Practices for Youth and Families SIGRID JAMES WITH LACY KENDRICK BURK Understanding and Applying a Neurodevelopmental Approach in Residential Interventions ROBERT E. LIEBERMAN, TINA CHAMPAGNE, EMILY Y. WANG, AND KATIE RUSHLO Measuring the Impact of Residential Interventions: A New Frontier DANA WEINER, RON THOMPSON, AND MARVIN CAIN ALEXANDER Developing Fiscal and Financing Strategies for Residential Interventions JULIE COLLINS AND SHERRY PETERS 13. Residential Transformation: Taking Change to the Next Level GARY M. BLAU, ROBERT E. LIEBERMAN, JOE ANNE HUST, JANICE LEBEL, AND BETH CALDWELLIndex

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Book SynopsisA detective story, this socio-cultural biography pieces together methodological inquiry with a jigsaw puzzle composed of secret documents, probate records, court testimony, speeches, and correspondence to tell the story of a man named Smith, of his vision for the US, and of the value of remembering secondary historical characters.

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Book SynopsisTells the previously untold stories of those living with mortgage debt in times of precarity and explores how individualized indebtedness can unite resistance in the struggle toward housing justice.

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Book SynopsisRenisa Mawani charts the story of the Komagata Maru—a steamship that left Hong Kong for Vancouver in 1914 carrying 376 Punjabi immigrants who were denied entry into Canada—to illustrate imperialism's racial, legal, spatial, and temporal dynamics and how oceans operate as sites of jurisdictional and colonial contest.Trade Review"Across Oceans of Law is complex, comprehensively researched, and engagingly presented. . . . Each of the four chapters presents a unique perspective on thinking about the diverse and significant themes found in the examination of the changing development of maritime jurisprudence and evolving interpretation of the freedom of the sea, changing definitions of the legal nature of a ship, the status of colonial subjects, anticolonial restrictions on immigration, and the career of Gurdit Singh. . . . Recommended. Upper-division undergraduates through faculty." -- P. D. Thomas * Choice *"Renisa Mawani has written a beautifully conceived, deeply researched, and elegantly argued book that all of us should read." -- Fahad Bishara * H-Diplo, H-Net Reviews *"Across Oceans of Law is much more than an account of yet another dark chapter in Canadian and British imperial history. . . . Fresh and compelling. . . . Straightforward in its ingenuity and genuinely convincing in its execution. Indeed, there is here an elegance in the delivery of the core idea." -- Jen Hendry * LSE Review of Books *"Across Oceans of Law follows a breathtaking scalar approach attentive to the hierarchies of race, time, and jurisdiction, while narrating a microhistorical story of Komagata Maru’s transoceanic travel to recover oceans as 'vibrant spaces of law, politics and poetics' (236). It is a beautifully written, richly documented, and theoretically sophisticated study that connects the dense imperial, legal, and maritime histories with global histories of time from the perspective of a ship steered by a colonial subject during the heyday of anticolonialism." -- Debjani Bhattacharyya * Law and History Review *"This impressively researched and theoretically sophisticated book will profoundly transform the ways in which scholars of migration, empire, and anticolonialism approach their work." -- Seema Sohi * Journal of Interdisciplinary History *"What makes the book particularly valuable are the questions that it raises about freedom and movement, questions that are timely, especially given the manifold migration crises taking place around the globe today. Thus, for scholars who wish to better understand contemporary concerns around migration and race, Mawani's book is certainly a good resource." -- Alia Somani * The Historian *"It is…impossible not to appreciate the urgent contemporary relevance and resonance of the 'ocean as method' from the outset of Mawani's text." -- Honni Van Rijswik and Anthea Vogl * Law and Critique *"By requiring scholars to think thematically, narratively, connectedly, vertically, temporally, and non-foundationally, Across Oceans of Law provides stimulating conceptual tools for applications in contexts beyond the voyage of the Komagata Maru, and beyond the seas." -- Jennifer Hendry * Journal of Law and Society *Table of ContentsList of Illustrations ix Acknowledgments xi Introduction. Currents and Countercurrents of Law and Radicalism 1 1. The Free Sea: A Juridical Space 35 2. The Ship as Legal Person 73 3. Land, Sea, and Subjecthood 115 4. Anticolonial Vernaculars of Indigeneity 152 5. The Fugitive Sojourns of Gurdit Singh 188 Epilogue. Race, Jurisdiction, and the Free Sea Reconsidered 231 Notes 241 Bibliography 293 Index 319

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Book SynopsisThis popular guide to the Inns of Court, now approaching its fortieth year in print, offers an easy to use and portable reference aid. Timâs lively writing style invites further investigation and gently encourages the reader to delve more deeply into the histories and occasional mysteries of these fascinating enclaves of legal learning.Table of ContentsLAWYERS IN ENGLAND THOROUGHFARES THE TEMPLE TEMPLE CHURCH MIDDLE TEMPLE INNER TEMPLE LINCOLN'S INN LINCOLN'S INN FIELDS GRAY'S INN

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Book SynopsisForensic Fables appeared first in the Law Journal and then in book form between 1926 and 1932. They were published anonymously, but their authorship was quickly guessed. They were the work of Theo Mathew composed in his study on the ground floor at the back of 31 Cornwall Gardens. They show his wit in all its maturityTable of ContentsForeword by Lord Birkett, P.C. Stick to a Stuff-Gown by Hubert Picarda 1982 Table of Statutes Table of Cases Cited 1. The Common Law Leader and The Promising Equity Junior 2. The Inexperienced Advocat and The Holder in Due Course 3. The Youthfull Barrister and The Exceedingly Painful Case 4. The Circuiteer and The Nice Old Buffer 5. The Tactful Magistrate and The Much-Respected Colleague 6. The Double-First and The Old Hand 7. The Two Aged Conveyancers and The Good Story 8. The Zelous Clerk who Overdid it 9. The Judge who Closed his Eyes 10. The Elderly Junior and The Lady Pupil 11. The Enthusiastic Beginner who Thought Better of it 12. The Witty Judge and The Bronchial Usher 13. Irene, her Young Man and The Necklace 14. The Defeated Litigant and The Rash Attendant 15. The Society Suit and The Unexpected Settlement 16. The Traveller who Suffered from Shock and The Railway Company's Physician 17. Adolphus Brown, Mr Justice Gump and The Interesting Case 18. Mr Blowhard, K.C. and Mr Footle, K.C. 19. The Blushing Beginner and The Bearded Juryman 20. The Utter Barrister and The Important Treatise 21. The Common Law Junior and The Originating Summons 22. The Sarcastic Counsel and Mr MacIntosh, the Moneylender 23. The Ambitious Youth who wanted Eligible Chambers 24. The White-Haired Trustee and The Highly-Placed Official 25. The Real Property Lawyer and The Surley Gamekeeper 26. The Industrious Youth and The Stout Stranger 27. Mr Whitewig and The Rash Question 28. The K.C,M.P. and The Bill for the Supression of Night Clubs 29. Mr Justice Cattemall and Mr Justice Dearlove 30. The Sound Lawyer who Made a Good Resolution

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Book SynopsisIvan Aleksandrovich Ilâin (1883-1954) has become in post-Soviet Russia one of the most eminent legal philosophers of the twentieth century. This volume brings to an international readership for the first time what is perhaps the most impassioned and prescient work by a Russian jurist in support of the rule of law.Table of ContentsDedication; The Authors; Contents; Preface and Acknowledgements; I. A. Il’in and the Rule of Law; P. T. Grier; The Concept of Legal Consciousness: Origin and Transformations; P. T. Grier and W. E. Butler; I. A. Il’in: Russian Legal Philosopher; W. E. Butler and V. A. Tomsinov; The Origins of Il’in’s Treatise on the Essence of Legal Consciousness; W. E. Butler; A Note on the Translation; P. T. Grier I. A. Il’in, On the Essence of Legal Consciousness Translated by P. T. Grier; 1. The Problem; 2. Knowledge of the Law; 3. The Significance of Positive Legal Consciousness; 4. Recognition of Law; 5. The Grounding of Natural Law; 6. The Grounding of Positive Law; 7. The Struggle for Law; 8. Legal Consciousness and Criminal Guilt; 9. The Basis of Sound Legal Consciousness; 10. On Patriotism; 11. On Political Legal Consciousness; 12. The Essence of the State; 13. The Forms of the State; 14. The Axioms of Ruling Authority; 15. The First Axiom of Legal Consciousness; 16. Diseases of Self-Affirmation; 17. The Second Axiom of Legal Consciousness; 18. Diseases of Autonomy; 19. Third Axiom of Legal Consciousness; 20. Diseases of Mutual Recognition 21. Legal Consciousness and Religiosity; 22. Conclusion; APPENDIX I. A. Il’in, “The Concepts of Law and Power” Translated by P. T. Grier; Glossary; Bibliography; Index of Names

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Book SynopsisâExperience of all sorts at the Bar and on the Bench has led to the thought that a few timely words could avoid a lot of grief as well as perhaps bringing a smile or two from the pictures.âAt the Bar Nick Chambers did a great variety of cases ranging from the miners' respiratory claims to the Kuwait Airways litigation. On the Bench his job was to manage and try cases as the Mercantile Judge for Wales and Chester and then for Wales as well as sitting in London in the Commercial Court and other jurisdictions. He was a member of the Civil Procedure Rule Committee at the time of the introduction of the Woolf reforms. He now practices as an arbitrator and mediator from Brick Court Chambers. The Chambers family's involvement with watercolours goes back to 1779 with an ancestor's sketches during the Siege of Gibraltar. Since then each generation has made its own contribution including scenes from Mumbai in the V&A and the first illustrations of the rules of rugby football done at the school in 1845. Illustrations and texts from Nick's book Missed Moments in Legal History hang in the Rolls Building. The pictures in Case Handling pay a further happy tribute to his past. This book, with its pithy advice and attractive illustrations, makes taking the serious medicine of case handling a pleasure both for the recently qualified and anyone else with an interest in making dispute resolution work.Table of ContentsAcknowledgements Foreword Why am I Reading This? Identifying the Problem Is there a Case? Strategy Funding Telling the Other Side Responding Correspondence Litigants in Person Settlement Costs Statements of Case Directions and Case Management Conferences Preliminary and Other Issues Applications Orders and Breaches of Orders Problems Disclosure Witnesses Expert Witnesses Bundling Skeleton and Authorities Some Facts about Judges Some Things that Judges Don’t Like Some Things that Judges Do Like

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Book SynopsisThis succinct, practical and up-to-date book is an introduction to the complex area of public rights of way. It is aimed at practitioners, lawyers and surveyors, who are not necessarily experts in this area of law, but who may have to deal with rights of way in conveyancing transactions, land management or planning matters.Table of ContentsPreface List of Abbreviations Basic Information Rights of the Public Creation of Rights of Way Purchaser Landowner, Tenant and Occupier Diversions and Extinguishments Highway Authority Surveying Authority The Planning Inspectorate Natural England: Diversions for Sites of Special Scientific Interest and Coastal Access Further Reading

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Book SynopsisThis book provides a comprehensive and comparative explanation of the law relating to all three types of business partnership available under English law; general partnerships, limited partnerships (including private fund limited partnerships) and LLPs.Table of ContentsPreface Table of Abbreviations 1. Introduction 2. Formation and Expansion 3. Separate Legal Personality 4. Property 5. Duties 6. Management and Decision Making 7. Agency and Liability 8. Financial Issues 9. Internal Disputes and Departures 10. Litigation 11. Termination of the Business 12. Insolvency 13. Taxation Appendix

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Book Synopsis'A Victorian Tragedy', for the first time, describes how the landmark court case of Banks v Goodfellow (1870) came about, what happened to the protagonists and how an enlightened judgment provided a practical definition of testamentary capacity that has since been used throughout the common law world law.Table of ContentsIntroduction Chapter One - Who was John Banks the Elder? Chapter Two - John Banks the Elder: His Life, Illness and Death Chapter Three - The Wills of John Banks the Elder Chapter Four - Margaret Banks Goodfellow: The Niece and Beneficiary of the Last Will Chapter Five - The Trials of the Will Chapter Six - John Banks the Younger: The Claimant Chapter Seven - Edward Barron Goodfellow: The Defendant Chapter Eight - The Questions that still Remain Appendix I -Information Appendix II - Biographical Sketches of the Judges and Principal Barristers Appendix III -The Judgment in Queen’s Bench Endnotes Index

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Book SynopsisTable of ContentsContents List of Figures and Tables Introduction Acknowledgements PART A - BEFORE TOUCHING A KEYBOARD OR OPENING A BOOK … 1 WHERE TO START THE RESEARCH Preparing to undertake research Analysing the problem Deriving keywords 2 WHICH SOURCES TO USE Classifying the types of information needed Choosing the best source: print or electronic? Which sources should I search first? 3 HOW TO CHOOSE THE SOURCES Asking fundamental questions about a source Be ‘streetwise’ about using the internet PART B -SELECTING THE RIGHT SOURCE AND USING IT EFFECTIVELY 4 GENERAL LAW ENCYCLOPEDIAS Introduction United Kingdom England and Wales Scotland Northern Ireland European Union International 5 LEGISLATION Introduction United Kingdom Wales Scotland Northern Ireland European Union International – bilateral treaties International – multilateral treaties (including Council of Europe) UK Treaties and agreements 6 CASE LAW Introduction England and Wales Scotland Northern Ireland European Union European Court of Human Rights International 7 PROCEDURAL LAW Criminal procedure Civil procedure 8 STANDARD FORMS AND PRECEDENTS External Internal 9 WORDS AND PHRASES Introduction England and Wales Scotland Northern Ireland European Union International 10 UPDATING KNOWN LAW Introduction United Kingdom England and Wales Wales Scotland Northern Ireland European Union Council of Europe International 11 COMMENTARY ON THE LAW Introduction Cross-jurisdictional United Kingdom European Union European human rights International How to cite books and journal articles Commentary via blogs and twitter 12 PRE-LEGISLATIVE PROPOSALS United Kingdom European Union European human rights International 13 OTHER OFFICIAL INFORMATION United Kingdom European Union International 14 WHERE TO FIND LEGAL INFORMATION NOT AVAILABLE WITHIN YOUR FIRM OR CHAMBERS England and Wales Scotland Northern Ireland Other, free sources Three charged-for services 15 BUSINESS INFORMATION Company confirmation statements and accounts Company annual reports Filings by listed companies: offer documents, prospectuses and shareholders’ circulars Company news, market news and deals Credit worthiness Analyst reports and research Share prices Interest rates Business news Company directories Information on individuals 16 INFORMATION ABOUT PEOPLE AND PERSONALITIES CONNNECTED WITH THE LAW Central government Public bodies Courts Law firms Law libraries Legal professionals and their societies Expert witnesses 17 PORTALS, GATEWAYS AND MORE Portal websites Searchable subject gateway Overseas domestic law International and comparative law PART C - PRESENTING THE RESULTS EFFECTIVELY 18 WRITING TO IMPRESS What this chapter is about Advice on good writing skills Style manuals Style manuals for legal citations PART D - HOW TO GET THE BEST DEAL FROM COMMERCIAL LAW PUBLISHERS 19 BUYING LEGAL INFORMATION Introduction Which are the main commercial publishers? How to buy information in print format Challenges and pitfalls of buying online information Hints and tips when negotiating with online law information providers APPENDICES 1 Lists of Abbreviations 2 What Does this Technical Term Mean? 3 Court Directions Relating to Legal Research 4 Using Databases Better 5 Popular Names Index to UK Cases and EU Legislation and Cases Subject Index Index of Published Materials Index to Databases and Organisations

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Book SynopsisUsing detailed case studies, examples and statutory extracts the author explains all aspects of cyber crime and computer crime. The second edition of 'Cyber Crime: Law and Practice' provides a practical, easy-to-follow guide for practitioners in the field, as well as those in law enforcement and academia.Table of ContentsForeword Introduction List of Contributors List of Abbreviations Table of Cases Table of Statutes Table of Statutory Instruments Table of Conventions 1 OFFENCES INVOLVING MISUSE OF COMPUTERS 1.1 Background to the Computer Misuse Act 1990 1.2 Section 1 of the Computer Misuse Act 1990 – unauthorised access to computers 1.3 Section 2 of the Computer Misuse Act 1990 – unauthorised access with intent to commit or facilitate further offences 1.4 Section 3 of the Computer Misuse Act 1990 – unauthorised acts with intent to impair, or recklessness as to the impairment of, a computer 1.5 Types of computer misuse and charges under the Computer Misuse Act 1990 1.6 Section 3ZA of the Computer Misuse Act 1990 – unauthorised acts causing, or creating risk of, serious damage 1.7 Section 3A of the Computer Misuse Act 1990 – making, supplying or obtaining articles for use in offences under Section 1 or section 3 1.8 Meaning of ‘computer’ with regard to offences under the Computer Misuse Act 1990 1.9 Jurisdictional issues for offences under the Computer Misuse Act 1990 2 OFFENCES INVOLVING DATA PROTECTION 2.1 Overview 2.2 Section 170 of the Data Protection Act 2018 – unlawful obtaining or disclosure of personal data 2.3 Access and disclosure of personal data 2.4 Investigatory offences 3 OFFENCES RELATING TO PROPERTY 3.1 Theft under the Theft Act 1968 3.2 Intellectual property theft – infringement of copyright under section 107 of the Copyright, Designs and Patents Act 1988 4 OFFENCES INVOLVING COMMUNICATIONS 4.1 Introduction 4.2 Section 127 of the Communications Act 2003 – improper use of public electronic communications network 4.3 Section 1 of the Malicious Communications Act 1988 – sending letters, etc. with intent to cause distress or anxiety 4.4 Applicability of section 127 of the Communications Act 2003 and section 1 of the Malicious Communications Act 1988 to computer communications 4.5 Unlawful interception of communications 5 OFFENCES RELATING TO INTERNET OR COMPUTER CONTENT 5.1 Introduction 5.2 Section 1 of the Protection of Children Act 1978 and section 160 of the Criminal Justice Act 1988 – making, possession, publication and distribution of indecent images of children 5.3 Section 62 of the Coroners and Justice Act 2009 and section 63 of the Criminal Justice and Immigration Act 2008 – possession of prohibited images of children and possession of extreme pornographic images 5.4 Section 2 of the Obscene Publications Act 1959 – publishing an obscene article or having an obscene article for gain 5.5 Section 53 of the Regulation of Investigatory Powers Act 2000 – ancillary offence of failing to disclose access to computers 6 CYBER HARASSMENT AND CYBER STALKING 6.1 Offences Against the Person 6.2 Sections 2 and 2A of the Protection from Harassment Act 1997 – harassment and stalking 7 CONTEMPT OF COURT, THE INTERNET AND COURT REPORTING 7.1 Criminal contempt of court 8 CRIMINAL EVIDENCE AND COMPUTER TECHNOLOGY 8.1 General background to the rules of criminal evidence 8.2 Hearsay and computer-derived evidence 8.3 Police powers of seizure of computer evidence APPENDICES A1 Criminal Procedure Rules 2015 A2 New Social Media Guidelines CPS

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Book SynopsisRenewable Energy from Wind and Solar Power: Law and Regulation is concerned with the law and regulation of electricity generation in the case of the two most popular sources of energy derived from renewable resources. It covers up-to-date national policy and guidance relevant to electricity generation collected from renewable resources.Trade Review"Of particular use to practitioners is the case study section in which Webster has identified the critical issues upon which the various cases turned. This will doubtless be of assistance to those promoting and resisting applications." Dr Ashley Bowes - Editor of the Journal of Planning and Environmental LawTable of Contents1 INTRODUCTION Scope of introduction Climate change The UK’s record on climate change The UK’s sources of energy Brief statistical overview (fossil fuels and renewables) Sites generating renewable electricity at the end of December 2019 European energy policy UK renewables’ policies Availability of financial assistance for the generation and export of renewable energy to the grid Comment – should the planning balance change when it comes to renewable energy applications? 2 OVERVIEW OF THE REGULATORY FRAMEWORK AFFECTING WIND AND SOLAR ENERGY DEVELOPMENTS Onshore energy Permitted development Planning Act 2008 Electricity Act 1989: section 36 consents for onshore and offshore electricity generation Varying section 36 consents Environmental standards European sites Environmental assessment Exemption from consent requirement Deemed planning permission FEPA licence Overhead electricity lines Deemed planning permission for overhead lines Public inquiries where there are objections to section 36 and section 37 applications Ancillary or supporting facilities Compulsory purchase powers Position in Wales Key elements of planning law Development Planning permission National Planning Policy Framework in England Sustainable development Plan-making: key principles Decision-making: key principles Planning conditions and obligations The rural economy Green Belt land Proposals affecting Green Belt land Climate change Conserving the natural environment Conserving the historic environment UK Solar PV Strategy (Parts 1 and 2) 3 NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS Introduction Policy Statements The statutory process (i.e. that relevant to wind and solar energy) Nationally Significant Infrastructure Project regime in Wales 4 ENVIRONMENTAL IMPACT ASSESSMENT Introduction Purpose of Environmental Impact Assessment Overview of Environmental Impact Assessment When is an Environmental Impact Assessment required? Procedure for deciding whether a Schedule 2 project is likely to have significant effects on the environment Obtaining a screening opinion from the local planning authority Treatment of multiple applications Can an Environmental Statement be submitted without a screening opinion? What if a planning application for a Schedule 2 development is not accompanied by an Environmental Statement? Called-in applications where there is no Environmental Statement Procedure for planning appeals Determining planning applications that have been subject to an Environmental Impact Assessment 5 HABITATS AND SPECIES REGULATIONS 2017 Introduction Overview of the Habitats Regulations 2017 6 PLANNING GUIDANCE RELEVANT TO WIND AND SOLAR ENERGY DEVELOPMENTS Introduction Regulatory framework underlying decision-making National Planning Practice Guidance – Guidance on climate change National Planning Practice Guidance – Guidance on renewable and low carbon energy Electricity development consents Decommissioning offshore renewable energy installations Wayleaves and compulsory purchase orders 7 WIND FARMS Introduction Written Ministerial Statement applying to proposed onshore wind energy development Report of the House of Commons Science and Technology Committee published on 22 August 2019 Repowering existing onshore wind turbines How do offshore and onshore wind farms work? How efficient is wind power? How much of the UK’s electricity comes from wind power? Advantages of offshore wind Disadvantages of offshore wind (see also onshore wind farms where there is some overlap) Seven of the ten largest offshore wind farms in the world are in UK waters Advantages of onshore wind Disadvantages of onshore wind Checklist of requirements for wind energy projects Cost and overheads of wind turbines Repowering/decommissioning wind farms 8 CASE STUDIES INVOLVING WIND POWER PROJECTS I Permission Granted for Four Wind Turbines near to an Area of Outstanding Natural Beauty II Wind Farm Close to Listed Buildings III Wind Turbine in Green Belt IV Wind Turbines and Community Benefits as Material Considerations V Policies Requiring Exceptional Circumstances in the Context of a Wind Farm Development involving Seven Wind Turbines on Land in Powys VI Varying Conditions whose Effect was to Change the Description of the Development (Concerning Two Wind Turbines) VII Community Benefits as Material Considerations – Appeal Against a Decision to Uphold the Quashing of a Grant of Planning Permission for a Wind Turbine VIII Permission for Onshore Substation to Support Major Offshore Wind Farm IX Approval of Wind Farm Despite the Turbines Exceeding Local Policy Height Restrictions X Proposal for Eight Wind Turbines Fails on Adverse Landscape and Visual Impacts XI Proposal for Five 125m High Wind Turbines Allowed on Orkney XII Lifetime of Wind Farm Extended on Basis that the Proposal Involved Repowering and was not a Fresh Application XIII Approval Given to 14-Turbine Wind Farm Despite Concerns about 19km Access Track XIV Ten-Turbine Wind Farm Approved despite Landscape Objections XV Single Wind Turbine on Green Belt close to Heathrow Rejected XVI Five Wind Turbines Refused on Significant Environmental Grounds XVII Single Turbine Allowed where Area of Outstanding Natural Beauty Landscape and Visual Impacts Found to be Minor (Involving Heritage Issues and Local Planning Authority’s Declaration of Climate Emergency) XVIII Benefits Associated with the Generation of Renewable Energy and Climate Change Considerations still Insufficient to Outweigh Adverse Impacts on Landscape and Visual Effects Could Not Satisfactorily be Mitigated XIX Renewable Energy Benefits still Insufficient to Outweigh Adverse Landscape Impacts XX Permission Refused for a Development Consent Order Extending the Thanet Offshore Wind Farm on the Ground of Navigational Risks XXI Development Consent Granted for 158 Wind Turbines off the Norfolk Coast (Decision recently quashed and subject to re-determination) XXII Development Consent Granted in Principle for 231-Turbine Hornsea Project Three Offshore Wind Farm in the North Sea, although a Final Decision was Delayed to Allow for Final Approval of Measures to Cover Adverse Impacts to the Kittiwake Population and Coastal Special Protection Area XXIII Unacceptable Landscape and Visual Impacts Preclude 30-Turbine Wind Farm in an Area of Great Natural Beauty in Dumfries and Galloway XXIV Single Wind Turbine Allowed in Close Proximity to Existing Wind Farm 9 SOLAR ENERGY Photovoltaic system Solar cells Types of photovoltaic systems Performance Photovoltaic mounting Cabling Solar tracker Battery Selling solar electricity back to the grid (domestic installations) How much electricity do solar panels produce and how many panels might one need for a dwelling? How much do residential solar panels cost? Commercial-scale ground-mounted solar photovoltaic – bullet points Ministerial Statements affecting solar energy (as material considerations) 10 CASE STUDIES INVOLVING SOLAR POWER DEVELOPMENT I Whether the Effect that Development might have on Solar Panels on Neighbouring Residential Property was a Material Planning Consideration II Large Solar Farm in Green Belt Rejected on Landscape Grounds by Secretary of State on Recovered Appeal – Appeal Dismissed III 10MW Solar Farm Rejected because of Harm to Landscape – Appeal Refused IV Solar Farm Rejected on Landscape and Heritage Grounds – Appeals Refused V Domestic Solar Energy Proposal on Land Just Outside a National Park Rejected on the Basis of Green Belt Harm – Appeal Dismissed VI Solar Panels Not Allowed on Grade II Listed Church – Appeal Partly Allowed VII Free-standing Solar Panels Not Allowed in Grounds of Country House in National Park – Appeal Dismissed VIII Free-standing Solar Panels for Domestic Use Not Allowed in Green Belt and Area of Outstanding Natural Beauty – Appeal Dismissed IX 13.6GWh Solar Farm on 16 Hectare Site Rejected because of Adverse Visual and Heritage Impacts – Appeal Dismissed

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Book SynopsisThis book is an authoritative and comprehensive analysis of the legal principles underlying entitlement to compensation for those injured or killed in the service of their country. It is also a practical and accessible guide for all those concerned in bringing and dealing with war pensions and armed forces compensation claims and appeals.Trade Review 'This is an excellent publication and it should be close at hand for any practitioner advising personnel in personal injury, employment and occupational claims.' From review of second edition in Law Society Gazette.Table of ContentsPreface to the Second Edition Preface to the First Edition Table of Court and Nominated Judges’ Decisions Table of Commissioners’ and Upper Tribunal Decisions Table of Statutes Table of Statutory Instruments Table of Practice Statements Table of Conventions Citation of Cases PART I WAR PENSIONS 1 War Pensions – A Historical Introduction 2 Claiming a War Pension 3 Entitlement to War Pension – General Principles 4 Claims for Disablement or Death within 7 Years of Termination of Service – Article 40 of the SPO 2006 5 Claims for Disablement or Death more than 7 Years after Termination of Service – Article 41 of the SPO 2006 6 Review of War Pensions Decisions and Awards 7 Commencing Dates of Awards 8 The Basic Award and the Assessment of Disablement 9 Other Awards in Respect of Disablement 10 Awards in Respect of Death 11 Reduction and Cancellation of Awards PART II ARMED FORCES COMPENSATION 12 The Armed Forces Compensation Scheme 13 Claiming Armed Forces Compensation 14 Entitlement to Armed Forces Compensation – General Principles 15 Exclusions from Entitlement 16 Adjudication 17 Review of Armed Forces Compensation Scheme Decisions 18 Injury Benefits – The Tariff 19 Injury Benefits 20 Death Benefits 21 Adjustment and Cessation of Benefit 22 Modifications for Reserve Forces PART III ADMINISTRATION AND ADJUDICATION 23 Administration of Benefits 24 Appeal Tribunals 25 Rights of Appeal 26 Bringing an Appeal 27 Case Management 28 The Hearing 29 Powers of the Tribunal on an Appeal 30 The Decision 31 Correcting, Setting Aside and Reviewing Decisions 32 Appeals to the Upper Tribunal 33 Appeals to the Northern Ireland Pensions Appeal Commissioners APPENDICES 1 Schedule 1 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended) 2 Schedule 2 to the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (SI 2006/606) (as amended) 3 Schedule 3 to the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (SI 2011/517) (as amended) Index

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Book SynopsisThis book tells the remarkable story of how and why the Supreme Court came to be created; and in doing so taps into a rich seam of social and political history. It also provides an insight, free of legal jargon, into how the court has âœperformedâ in the light of both the fears and the expectations which greeted its arrival.Table of ContentsPART ONE A rumbling campaign and a startling outcome Early signs The campaign gathers pace Derry Irvine stands his ground The Government’s volte face Picking up the pieces PART TWO “Purists” versus “Pragmatists”: An arcane parliamentary battle Hostilities commence A “Wrecking Amendment” A pause in the hostilities Hostilities are resumed The Commons takes over PART THREE The Court emerges Plans, designs and micro-management The Supreme Court establishes itself No “rush of blood to the head” APPENDIX A New Supreme Court for the United Kingdom (Lord Bingham of Cornhill) INDEX

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Book SynopsisThis new edition is a comprehensive, accessible, and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975. It provides up-to-date guidance on the law, practice, and procedure on the ever-increasing applications for financial provisions under the Act.Table of ContentsTable of Cases Table of Statutes Table of Statutory Instruments Table of Guides and Codes of Practice Table of International Materials 1 INTRODUCTION 1.1 Background 1.2 Urgent need for law reform 2 PROOF OF DEATH AND DOMICILE 2.1 Introduction 2.2 Proof of death 2.3 Domicile 2.4 Domicile of origin 2.5 Domicile of dependency 2.6 Domicile of choice 2.6.1 Residence 2.6.2 Intention 2.6.3 Burden of proof 2.6.4 Standard of proof 2.6.5 Evidence 2.6.6 Summary 3 TIME LIMITS 3.1 Introduction 3.2 Commencement of the period of 6 months 3.2.1 Grant ad colligenda bona 3.2.2 Grant pending determination of claim 3.2.3 Grant ad litem 3.2.4 Grant in common form 3.2.5 Successive grants 3.2.6 De bonis non grant 3.2.7 Cessate grant 3.2.8 Authority to the Official Solicitor to obtain a grant: Senior Courts Act 1981, section 116 3.2.9 Standing search for grant 3.3 Can a claim be made before grant? 3.3.1 The position post-1 October 2014 3.4 Applications in respect of joint property – I(PFD)A 1975, section 9 3.5 Extension of time 3.5.1 Powers of the court 3.5.2 The relevant criteria to be applied in an application for extension of time 3.5.3 Merits of the claim 3.5.4 Delay in bringing the claim 3.5.5 Negotiations 3.5.6 Distribution of the estate 3.5.7 Claimant’s possible claim against third parties or solicitors 3.5.8 Conscious decision not to make a claim 3.5.9 Claimant under disability 3.5.10 Delay caused by application for public funding 3.6 Procedure 3.7 Burden of proof 4 CLAIMANTS 4.1 Introduction 4.2 Spouse of the deceased 4.2.1 Proof of marriage 4.2.2 Polygamous and potentially polygamous marriages 4.2.3 Void marriages 4.2.4 Rights of spouse to void marriage under the I(PFD)A 1975 4.2.5 Marriage entered into in good faith 4.2.6 Distinction between void marriage and non-marriage 4.2.7 Effect of annulment of void marriage to claim under the I(PFD)A 1975 4.2.8 Voidable marriage 4.2.9 Marriage with a transsexual – Gender Recognition Act 2004 4.2.10 Separation of married couples by judicial separation order (formerly decree of judicial separation) 4.3 Civil partner of the deceased 4.3.1 Proof of civil partnership 4.3.2 Void civil partnership 4.3.3 Voidable civil partnership 4.3.4 Civil partnership entered into in good faith 4.3.5 Effect of dissolution or annulment of civil partnership 4.3.6 Effect of marriage overseas between same sex couples 4.3.7 Separation order in the case of civil partnership 4.3.8 Effect on claim made by surviving spouse/civil partner by the subsequent marriage/civil partnership before the claim is determined 4.4 Former spouse of the deceased who has not remarried 4.4.1 Overseas divorce and talaq 4.4.2 Application of I(PFD)A 1975, section 14 4.4.3 Restrictions imposed in matrimonial proceedings under I(PFD)A 1975, sections 15 and 15A 4.5 Former civil partner of the deceased 4.5.1 Application of I(PFD)A 1975, section 14A 4.5.2 Restrictions imposed in proceedings for the dissolution, etc of a civil partnership on an application under I(PFD)A 1975, section 15ZA 4.6 Cohabitant of the deceased 4.6.1 Whole of the 2 years immediately before the date when the deceased died 4.6.2 Living in the same household 4.6.3 As the husband or wife of the deceased 4.6.4 Same sex cohabitants post-5 December 2005 4.6.5 Same sex cohabitants pre-5 December 2005 4.7 Child of the deceased 4.7.1 Presumption of legitimacy 4.7.2 Legitimation 4.7.3 Legitimation and same sex female partners 4.7.4 Child of void marriage 4.7.5 Adopted child 4.7.6 Child born as a result of infertility treatment 4.7.7 Mistaken transfer of sperm 4.7.8 A child who is the subject of a parental order 4.7.9 Declaration of parentage, legitimacy and legitimation 4.8 Any person treated as a child of the family 4.9 Any person (not being a person included in the forEgoing paragraphs) who immediately before the death of the deceased was being maintained either wholly or partly by the deceased 4.9.1 Being maintained 4.9.2 Substantial contribution 4.9.3 Reasonable needs 4.9.4 Otherwise than for full valuable consideration pursuant to an arrangement of a commercial nature 4.9.5 Immediately before the death of the deceased 5 FORFEITURE 5.1 Introduction 5.2 Order modifying the effect of the rule 5.3 Three-month time limit – when time begins to run 5.4 Relevant factors for modifying the effect of the Act 5.5 Further illustration of the application of section 2(2) 5.6 Does the forfeiture rule affect trusts? 5.7 Summary 6 BASIS OF THE CLAIM 6.1 Grounds on which a claim may be made 6.2 Meaning of ‘reasonable financial provision’ 6.2.1 Surviving spouse/civil partner and judicially separated spouse/civil partner 6.2.2 Surviving spouses/civil partners and those who come within I(PFD)A 1975, sections 14 and 14A 6.2.3 Claim by surviving husband 6.2.4 Judicially separated spouse/civil partner and former spouse/civil partner 6.2.5 All other claimants 6.3 Meaning of ‘maintenance’ 6.3.1 Maintenance in relation to claimants on state benefits 7 MATTERS TO WHICH THE COURT IS TO HAVE REGARD 7.1 Introduction 7.2 Relevant date for consideraton of section 3 factors 7.3 Criteria in I(PFD)A 1975, section 3 7.3.1 Surviving spouse/civil partner 7.3.2 Former spouse/civil partner of the deceased who has not remarried or formed a subsequent civil partnership, and cohabitants 7.3.3 Child of the deceased 7.3.4 Person treated as a child of the family 7.3.5 Any other person who was being maintained by the deceased 7.4 Financial resources and financial needs – I(PFD)A 1975, section 3(1)(a)–(c) 7.4.1 Financial resources 7.4.2 Financial needs 7.5 Deceased’s obligations and responsibilities – I(PFD)A 1975, section 3(1)(d) 7.6 Size and nature of the net estate – I(PFD)A 1975, section 3(1)(e) 7.7 Physical and mental disability of any claimant or beneficiary – I(PFD)A 1975, section 3(1)(f) 7.8 Any other matter including conduct – I(PFD)A 1975, section 3(1)(g) 7.8.1 The deceased’s reasons 7.8.2 Claimant’s wish to pass assets to beneficiaries of choice 7.8.3 Conduct 7.8.4 Proprietary estoppel 7.8.5 Constructive trust 7.8.6 Rule in Rochefoucauld v Boustread 7.8.7 Doctrine of mutual wills 7.9 Factors relevant to a surviving spouse, former spouse, civil partner and cohabitants 7.9.1 Age 7.9.2 Duration of marriage/civil partnership and cohabitation 7.9.3 Claimant’s contribution to the welfare of the family 7.9.4 Financial contribution 7.10 What the surviving spouse/civil partner might reasonably have expected to receive on divorce/dissolution – divorce comparison test 7.11 Factors which apply to a former spouse/civil partner or cohabitant 7.11.1 Matrimonial proceedings and disentitlement orders under I(PFD)A 1975, sections 15, 15ZA, 15A and 15B 7.12 Claim by surviving husband/cohabitant 7.13 Claims by children of the deceased and children of the family – I(PFD)A 1975, section 1(1)(c) and (d) 7.14 Claims by person maintained by the deceased – I(PFD)A 1975, section 1(1)(e) 7.15 Assumption of responsibility by the deceased – I(PFD)A 1975, section 3(3) and (4) 8 POWERS OF THE COURT TO MAKE ORDERS 8.1 Introduction 8.2 Periodical payments – I(PFD)A 1975, section 2(1)(a) 8.2.1 Commencement date 8.2.2 Setting aside and appropriation of property – I(PFD)A 1975, section 2(3) 8.2.3 Supplementary orders and conditions 8.2.4 Secured periodical payments order 8.2.5 Duration of periodical payments order 8.3 Lump sum order – I(PFD)A 1975, section 2(1)(b) 8.3.1 Instalment order 8.3.2 Variation of order 8.3.3 Assessing amount to be awarded 8.4 Transfer of property order – I(PFD)A 1975, section 2(1)(c) 8.5 Settlement of property order – I(PFD)A 1975, section 2(1)(c) 8.6 Acquisition of property order – I(PFD)A 1975, section 2(1)(e) 8.7 Variation of nuptial settlement – I(PFD)A 1975, section 2(1)(f) and (g) 8.7.1 Has there been a settlement? 8.7.2 How should the court exercise its discretion? 8.8 Consequential and supplemental orders – I(PFD)A 1975, section 2(4) 8.9 Interim orders – I(PFD)A 1975, section 5 8.9.1 Conditions precedent 8.9.2 Matters to be considered 8.9.3 Orders that can be made 8.9.4 Personal representatives and interim orders – I(PFD)A 1975, section 20(2) 8.10 Injunctions 8.11 Variation, discharge, suspension and revival of orders – I(PFD)A 1975, section 6 8.11.1 Who may apply? 8.11.2 Orders that can be made – I(PFD)A 1975, section 6(2)–(4) 8.11.3 Meaning of ‘relevant property’ 8.11.4 Matters to be considered 8.11.5 Time limits 8.11.6 Commencement of the order 8.12 Variation and discharge of secured periodical payments orders made under Matrimonial Causes Act 1973 – I(PFD)A 1975, section 16 8.12.1 Who may apply? 8.12.2 Provisions of Children Act 1989, Schedule 1 8.13 Variation and revocation of maintenance agreements – I(PFD)A 1975, section 17 8.13.1 Meaning of ‘maintenance agreement’ 8.13.2 Orders that can be made 8.13.3 Criteria to be applied by the court 8.13.4 Effect of the order 8.14 Court’s powers in relation to applications under Matrimonial Causes Act 1973, sections 31 and 36 and CPA 2004, Schedule 5, paragraphs 60 and 73 – I(PFD)A 1975, section 18 8.14.1 Time limit 8.15 Effect, duration and form of orders – I(PFD)A 1975, section 19 9 THE NET ESTATE 9.1 Introduction 9.2 Definition – I(PFD)A 1975, Section 25(1)–(3) 9.3 Property which the deceased had power to dispose of by will 9.4 Property under general power of appointment 9.5 What may be deducted from the net estate? 9.6 Nominated property – I(PFD)A 1975, Section 8(1) 9.6.1 Insurance policies and pension schemes 9.7 Donatio mortis causa – I(PFD)A 1975, section 8(2) 9.7.1 What is donatio mortis causa? 9.8 Property held on joint tenancy – I(PFD)A 1975, section 9 9.8.1 Time limit 9.8.2 Meaning of ‘property’ 9.8.3 Severance 9.8.4 Circumstances in which an order will be considered 9.8.5 Criteria which will be applied 9.8.6 Facilitating the making of financial provision/and appears to be just 9.8.7 Meaning of ‘at the value thereof’ 9.9 Foreign property 9.9.1 Jurisdiction 9.9.2 Law of succession 9.9.3 EU Regulation 650/2012 10 DISPOSITIONS INTENDED TO DEFEAT FINANCIAL PROVISION 10.1 Introduction 10.2 Inter vivos disposition 10.2.1 Condition precedent for an order 10.2.2 Meaning of ‘disposition’ 10.2.3 Full valuable consideration 10.2.4 Intention of defeating a claim 10.2.5 Matters the court will take into consideration 10.2.6 Orders that can be made 10.2.7 Donee’s right to apply 10.3 Contracts to leave property by will 10.3.1 Condition precedent for an order 10.3.2 Contract 10.3.3 Intention to defeat a claim 10.3.4 Full valuable consideration 10.3.5 Matters to be considered by the court 10.3.6 Orders that can be made under I(PFD)A 1975, section 11 10.3.7 Where money has been paid 10.3.8 Where money has not been paid 10.3.9 Position of donee who is a trustee 10.3.10 Restrictions on the court’s powers 10.3.11 Rights of persons to enforce the contract 11 PERSONAL REPRESENTATIVES AND TRUSTEES 11.1 Introduction 11.2 Liabilities under the I(PFD)A 1975 11.3 Protection afforded by I(PFD)A 1975, section 20 11.3.1 Responsibilities and duties after proceedings have been issued 11.4 Trustees 12 PROCEDURE 12.1 Introduction 12.2 Pre-action Protocol 12.3 Venue 12.4 Claim form 12.4.1 Contents 12.4.2 Time limits 12.4.3 Application under I(PFD)A 1975, section 9 for severance of joint tenancy 12.4.4 Application under I(PFD)A 1975, sections 10 and 11 to set aside transactions made by the deceased with the intention of defeating or reducing a claim under the Act 12.4.5 Claimants 12.4.6 Defendants 12.5 Claimant’s witness statements/affidavit 12.6 Party under disability 12.7 Service 12.8 Acknowledgement of service and defendant’s evidence 12.8.1 Position of personal representative who is a defendant 12.8.2 Other defendants 12.8.3 Claimant’s reply 12.9 Interlocutory matters, directions and case management 12.10 Disclosure 12.11 Attempts/offers to settle 12.11.1 CPR Part 36 offer 12.11.2 Calderbank offers 12.12 Hearing 12.13 Endorsement of memorandum on grant 12.14 Drawing up and service of orders 12.15 Subsequent applications 12.15.1 Procedural guide 13 APPEALS 13.1 Introduction 13.2 Permission to appeal 13.3 Route of appeal 13.4 Time limits 13.5 Stay of execution 13.6 Grounds of appeal 13.7 Procedure 13.7.1 Appellant’s notice 13.7.2 Amendment of appeal notice 13.7.3 Respondent’s notice 13.8 Procedural tables Appeal from a county court judge or High Court to the Court of Appeal Appeal to the Supreme Court APPENDICES Precedents A1 Application for a postal search of the probate records of England and Wales, Form PA1S A2 Example claims to be included in the Part 8 claim form A3 Witness statement by the claimant (a surviving spouse) A4 Witness statement of the personal representative A5 Witness statement by a cohabitant of the deceased A6 Witness statement of an adult person treated as a child of the family A7 Draft orders Legislation A8 Inheritance (Provision for Family and Dependants) Act 1975 A9 Civil Procedure Rules, Part 57 – Probate and Inheritance, Extract A10 Civil Procedure Rules, Practice Direction 57 – Probate Practice Guidance A11 ACTAPS Practice Guidance for the Resolution of Probate and Trust Disputes (ACTAPS Code) Index

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Book SynopsisThis popular title will prove invaluable for busy practitioners and litigants in person alike, equipping them with the latest knowledge and enabling them to make the most of the procedures that are available.Trade Review'an excellent and concise work … meets all the needs of the professional user, including case citations and statutory references’. Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, 'The Barrister,' and Mediator.Table of ContentsPART 1- CLAIMS 1. Preliminary Topics 2. Step-by-Step Guide to Starting a Small Claims Case 3. Responding to the Claim (Including Obtaining Judgment in Default or on an Admission) 4. Directions Questionnaires and Allocation 5. Other Parts of the Civil Procedure Rules 6. Drafting Documents for Small Claims Cases; PART 2 - MEDIATION AND SETTLEMENT 7. Mediation and Settlement of Small Claims PART 3 – HEARINGS 8. Steps between Allocation and the Hearing; Preparation for the Hearing 9. Costs in Small Claims 10. The Hearing 11. Appeals and Applications to Set Aside Judgment PART 4 = ENFORCEMENT OF JUDGMENTS 12. Enforcement of Small Claims Judgments in the County Court; PART 5 - PERSONAL INJURIES 13. The Road Traffic Accident Small Claims Protocol Appendices Index

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Book SynopsisThis practical and accessible book is intended for all practitioners concerned with this area of law, whether police, prosecution, defence, or court officials, and adopts a neutral standpoint between their various interests.

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Book SynopsisThe second edition of this accessible book is a single up-to-date reference work which discusses a broad range of public and private law topics which directly impact on the use and development of land. In addition to new chapters on wayleaves, planning enforcement, and trees and hedgerows, this updated edition includes coverage of significant recent cases such as: EASEMENTS: Regency Villas Ltd v Diamond Resorts (Europe) Ltd [2018] UKSC 57 (a case discussing the four essential requirements of an easement), together with some recent authorities on prescription, such as Hughes v Benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC). TOWN AND VILLAGE GREENS: TW Logistics Ltd v Essex County Council [2021] AC 1050 (the post-registration rights of a landowner and the interplay with the so-called Victorian Statutes') and R (Bellway Homes Ltd) v Kent County Council [2022] EWHC2593 (

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Book SynopsisThe new edition of this popular title has been extensively updated to provide a practical guide to the complexities of the Children Act 1989 and subsequent child protection legislation, guidance and case law.

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Book Synopsis

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