Legal systems: civil procedure, litigation and dispute resolution Books
The University of Law Publishing Limited Commercial Dispute Resolution 2026
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£37.99
The University of Law Publishing Limited Commercial Dispute Resolution 2025
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£37.04
Bloomsbury Publishing PLC Crime, Procedure and Evidence in a Comparative and International Context: Essays in Honour of Professor Mirjan Damaska
Book SynopsisThis book aims to honour the work of Professor Mirjan Damaska, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaska 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaska's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaska 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.Trade Review...the editors are generally rewarded with contributions that address the common task: they thoughtfully and imaginatively engage with the themes of Damaska's work. The resulting breadth and richness of discussion represents an appropriate tribute to his influence in inspiring and provoking new lines of inquiry in comparative criminal process. Scholars of comparative evidence and procedure will welcome this book as an important and broad-ranging resource. They will need to reflect carefully upon the arguments raised and they will want their students to do the same. Stewart Field Criminal Law Review December 2009 Jackson, Langer and Tillers have accomplished a considerable feat in putting together a set of original and insightful papers that tease out many of the core themes of Damaska's work. Certainly, both the breadth and depth of the papers contained in this volume are a fitting tribute to him. Yet the end-product is also an excellent piece of scholarship in its own right; here we have an enlightening and engaging set of papers which will be of interest to criminal and evidence lawyers, as well as those with more general comparative interests. Jonathan Doak International Journal of Evidence and Proof 13 (3), 2009 It can be readily seen ... that this book contains much that touches on current debates in New Zealand and in particular will be of interest to those engaged in reviewing the performance of the Evidence Act of 2006...Honours and Masters students studying evidence or criminal procedure should be reading the relevant papers in this book. Bernard Robertson New Zealand Law Journal 2010, 122Table of Contents1 Introduction: Damaska and Comparative Law John Jackson and Maximo Langer 2 Mirjan Damaska: A Bridge Between Legal Cultures Harold Hongju Koh I Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants 3 The Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal Procedure Thomas Weigend 4 Sentencing in the US: An Inquisitorial Soul in an Adversarial Body? William T Pizzi 5 Italian Criminal Procedure: A System Caught Between Two Traditions Luca Marafioti 6 The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy Stephen C Thaman 7 Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe Davor Krapac II Re-Exploring the Epistemological Environment 8 Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth Elisabetta Grande 9 Cognitive Strategies and Models of Fact-Finding Craig R Callen 10 Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology Peter Tillers III Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime 11 Extraterritorial Jurisdiction: Applications to 'Terrorism' M Cherif Bassiouni 12 Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries John Jackson 13 Reflections on the 'Hybridisation' of Criminal Procedure Mireille Delmas-Marty 14 The Confrontation Right Across the Systemic Divide Richard D Friedman IV The Challenge for Comparative Scholarship 15 The Good Faith Acquisition of Stolen Art John Henry Merryman 16 Faces of Justice Adrift? Damaska's Comparative Method and the Future of Common Law Evidence Paul Roberts 17 Utility and Truth in the Scholarship of Mirjan Damaska Ronald J Allen and Georgia N Alexakis 18 Sentencing and Comparative Law Theory Richard S Frase 19 No Right Answer? James Q Whitman Postscript 20 Anglo-American and Continental Systems: Marsupials and Mammals of the Law Richard O Lempert
£95.00
University of California Press Better Judgment
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£22.50
Taylor & Francis Ltd Private International Law and Arbitral
Book SynopsisInternational commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to expTable of Contents1 Introduction 1.1 Arbitral Jurisdiction in Private International Law and Arbitration1.1.1 Jurisdiction as Adjudicatory Competence in Cross-border Disputes1.1.2 Jurisdiction, Arbitration, and Party Autonomy1.2 Recurring Themes1.2.1 Arbitral Jurisdiction and Parallel Proceedings in International Commercial Disputes1.2.2 Private International Law Analysis of Arbitral Jurisdiction: Comparison, Parallels, and Transposition1.2.3 Economic Globalisation, Global Law, and Arbitral Jurisdiction1.2.4 Jurisdictional Focus: Arbitral Jurisdiction in England and Wales1.3 The Enquiry1.3.1 Research Question1.3.2 Contribution to Knowledge1.3.3 Scope1.3.4 Structure2 Globalisation and Commercial Disputes2.1 Globalisation and the Rise of Private Actors in International Commerce2.2 State Interests in Private Commercial Disputes2.3 Private Interests and Risks in International Commercial Transactions and Disputes2.4 Arbitration, Merchants, and International Commercial Disputes2.4.1 Arbitration as a Dispute Resolution Method for Merchants2.4.2 Arbitral Jurisdiction in the Context of International Commercial Disputes3 Cross-border Jurisdiction in Commercial Disputes3.1 Jurisdictional Issues in International Commercial Disputes3.1.1 Jurisdictional Disputes and Private International Law3.1.2 Tactical Nature of Jurisdictional Disputes3.1.3 Party autonomy and jurisdiction3.2 Jurisdictional Issues in International Arbitration3.2.1 Traditional doctrinal approach to arbitral jurisdiction3.2.2 Jurisdictional Intersections4 Party Autonomy in Private International Law and Arbitration4.1 Traditional Paradigms of Private International Law and Party Autonomy4.2 Creature of Contract or Creature of Party Autonomy?4.3 Arbitration Agreements as an Expression of Party Autonomy in International Commercial Arbitration4.3.1 Common Law – Contractual Paradigm4.3.2 Civil Law approach – Procedural Contracts4.3.3 Dual nature and Effects of Arbitration Agreements4.4 Arbitration, Party Autonomy, and International Commercial Dispute Settlement5 Existing Approaches For Regulating Arbitral Jurisdiction5.1 Regulation of Jurisdictional Issues in International Instruments5.1.1 New York Convention 19585.1.2 Parallels from the 2005 Hague Convention on Choice of Court Agreements5.2 Regulation of Arbitral Jurisdiction in a Comparative Context5.2.1 New French Code of Civil Procedure—A rule of Temporal Priority5.2.2 United States of America – Separability as a Delineating Mechanism5.2.3 Germany—Abandoning a rule of contractual competence-competence5.3 Theoretical Models of Regulating Arbitral Jurisdiction5.3.1 Rau’s Solar System5.3.2 Paulsson’s Presumptive Allocation of Authority5.3.3 Reversing the Default Position6 A global law model for arbitral jurisdiction6.1 A Contemporary Private International Law Proposal on Arbitral Jurisdiction: from Subordination to Synergy6.1.1 Fitting Party Autonomy to the Traditional Paradigms or Changing the Paradigm?6.1.2 Arbitral jurisdiction in a Shifting Paradigm of Dispute Resolution6.1.3 Horizontal Model of Arbitral Jurisdiction6.2 Adopting the Proposed Model6.2.1 Top-down adoption via multilateral treaties and model laws6.2.2 Arbitral Jurisdiction and State Regulatory Competition6.2.3 Private Regulation and Arbitral Jurisdiction6.2.4 Horizontal Choice and English Commercial Arbitration and Litigation7 Arbitral jurisdiction from a state court’s perspective7.1 Stay of Proceedings7.1.1 Stay of Proceedings under Section 9 Arbitration Act 19967.1.2 Inherent/Case Management Stays7.1.3 Restated Approach7.2 Declarations of Validity: Cost Management Tools or Jurisdictional Encroachment?7.2.1 Declaration under Section 32 of the Arbitration Act 19967.2.2 Powers under Section 72 of the Arbitration Act 19967.2.3 Restated Approach7.3 Enforcement of Arbitration Agreements: Traditional and Equitable Remedies7.3.1 Court-Ordered Anti-Suit Injunctions7.3.2 Specific Performance Order: the Positive Obligation7.3.3 Restated Approach7.4 Enforcement of Arbitration Agreements: Damages7.4.1 Damages in the Law and Practice of England and Wales7.4.2 Restated Approach7.5 Post-award Intersections: Jurisdictional Review and Control7.5.1 Grounds and Standard of Review7.5.2 Conflict of Judgments8 Arbitral Jurisdiction: Issues Before Arbitral Tribunals8.1 Competence to Decide Jurisdictional Issues Redux8.2 Stay of Arbitration Proceedings8.3 Enforcing the Arbitration Agreement: Arbitral Enforcement Orders8.3.1 Jurisdiction to Grant Arbitral Enforcement Orders8.3.2 Enforcement8.3.3 Restated Approach8.4 Monetary Sanctions and Damages as Tools Bolstering Arbitral Enforcement Orders8.4.1 Monetary Sanctions8.4.2 Enforcing the Arbitration Agreement with a Damages Award8.5 Contractual Undertakings9 Conclusions: Arbitral Jurisdiction Architecture
£118.75
College of Law Publishing Civil Litigation 202526
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£37.99
University of California Press The Public Insult Playbook
Book SynopsisWhen they go low, we learn: an examination of mudslinging in contemporary American politicsand how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discoursea technique not invented by but certainly refined by Donald Trumpand, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds,The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political stratTrade Review"The Public Insult Playbook is full of material which will be useful to those who are working against oppression." * Process North *Table of ContentsAcknowledgments Introduction 1. Insults: A Power Tool for Power Bullies 2. Headwinds, Deflections, and Dead Weights in Action 3. Drive-By Litigators or Accessibility Heroes? 4. Immigrants as Murderers and Rapists 5. Pedophiles or Welcome Entrants to the Institution of Marriage 6. Abortion 7. Anita Hill and the #MeToo Movement 8. Black Lives Matter Notes Index
£22.50
Taylor & Francis Litigating Corporate Surveillance
Book SynopsisThis book interrogates the legality of corporate surveillance, offering a corrective approach to protecting privacy through litigation--not through legislation.Explosive revelations, from the Snowden disclosures to the Cambridge Analytica scandal, have shown us that our daily lives are embedded in a network of pervasive, panoptic surveillance designed to manipulate. This corporate surveillance network has grown to encompass and absorb the basic digital substrate of our daily lives. Received wisdom, among commentators, the press, and even legal academia, is that this is all legal: corporate surveillance has flourished because there are no legal tools to reign in its pervasive and invasive practices. Analysing recent developments in data privacy law in light of ever-increasing data aggregation and cybersurveillance practices by corporations and governments, this book examines the pervasive, multimodal corporate surveillance practices that now permeate both our digital and offline lives, and offers a prescription for fighting back through the courts. Interweaving discussions of the statutory, common law, and constitutional frameworks that are currently being applied in legal challenges to these activities, this book considers current critiques of privacy law as conceptualized by both legal scholars and practitioners. Additionally, it makes suggestions for navigating the future of privacy rights in the face of our increasingly digitized lives.This book will be of interest to researchers and practitioners in the field of corporate surveillance, digital law, and privacy law.
£37.99
London Publishing Partnership Adjudicating Construction and Engineering
Book SynopsisThis book provides a comprehensive guide to the process of construction industry adjudication from the perspective of the adjudicator. It covers the whole process of adjudication, from the initial enquiry through case management, the conduct of the proceedings, the production of the Decision and post-Decision matters.
£47.50
Oxford University Press The Modern Doctrines of Champerty and Maintenance
Book SynopsisAs torts and as crimes, champerty and maintenance were abolished by statute in England and Wales in 1967. They were considered to be obsolete and the product of a bygone age, when abuses of the court system as practised by rich and powerful noblemen required a robust legal response. A modern, sophisticated, and independent judiciary rendered it unnecessary either to punish or to compensate for champerty or maintenance any longer. However, post-1967, their impact was retained via a ''reservation provision'', which ensures that any contract tainted by champerty or maintenance ''is to be treated as contrary to public policy or otherwise illegal.'' Fast forward five decades to the present day, and whilst maintenance has arguably reached its use-by date in English law, the same cannot be said of its more aggressive cousin. Champerty, as a doctrine, retains considerable modern impact in this jurisdiction, stalking the modern funding and civil procedure landscape. It continues to have greatest impact in two areas: the funding of litigation, and the assignments of causes of action. The Modern Doctrines of Champerty and Maintenance looks comparatively at jurisdictions'' attitudes towards champerty and maintenance, together with an analysis of law reform studies in the area, both in England and elsewhere.Table of ContentsPart I: Setting the Context 1: Introducing Champerty and Maintenance 2: The Abolition, and Reservation, of Champerty and Maintenance in England 3: Champerty and Maintenance in Other Jurisdictions Part II: Champertous Funding 4: The Modern Effects of Champerty and Maintenance on Funded Litigation 5: Non-Lawyers' Funding 6: Lawyers' Funding Part III: Champertous Assignments 7: General Concepts: Assessing Champertous Assignments 8: Assigning Causes of Action Ancillary to Property Interests 9: Assigning 'Bare' Causes of Action: Proving a Genuine Commercial Interest 10: Public Policy and the Administration of Justice Part IV: The Potential for Reform 11: Key Reform Issue for Funded Litigation 12: Key Reform Issues for Assignments
£90.00
Oxford University Press Arbitration
Book SynopsisVery Short Introductions: Brilliant, Sharp, InspiringArbitration is a legal dispute resolution mechanism, alternative to courts. It provides binding decisions, enforceable around the world. It is where parties take their disputes when they have agreed that courts, for one reason or another, do not suit them - which happens more often than one might think. Some of the most politically sensitive disputes on the largest scale go to arbitration. Countries which need to settle their boundaries in areas of the oceans rich in oil, gas and other resources sometimes arbitrate, and much of the war in Sudan was eventually tied up with an arbitration. Investors who have staked billions of dollars in unstable developing countries rely on arbitration clauses to protect their investments. But also much smaller, everyday cases are routinely dealt with by arbitration - millions of consumers, whether they know it or not, enter into arbitration contracts when they conclude routine transactions. Even athletes get involved in arbitration cases of great notoriety, for instance when these relate to doping offences during the Olympic Games.This Very Short Introduction explains what arbitration is, how it works, what parties who have agreed to go to arbitration should expect, the relationship between arbitration and the law, and the politics of arbitration. It also considers where the global system of arbitration is headed. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Table of ContentsPrologue 1: Where does arbitration come from? 2: How does arbitration work? 3: From financial crises to doping disputes: "I will see you in... arbitration!" 4: Arbitration and the law 5: The geopolitics of arbitration against governments 6: Where is arbitration going? References Further Reading Index
£999.99
Taylor & Francis Ltd Mediation and Commercial Contract Law
Book SynopsisThere is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house Table of ContentsList of Abbreviations. List of Figures. List of Charts. List of Graphs. Chapter I: Introduction. Chapter II: Binding Mediation Agreements and their Enforcement. Chapter III: Parties’ Rights and Obligations under a Mediation Agreement. Chapter IV: Essential Elements of a Comprehensive Legal Framework. Chapter V: Conclusion. Annex I: Model Mediation Clause. Annex II: Codebook. Bibliography. Index.
£37.99
Wildy, Simmonds and Hill Publishing Small Claims Procedure in the County Court A
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
£27.50
Routledge Constitutional Review in Western Europe
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£43.69
Taylor & Francis Commonwealth Caribbean Civil Procedure
Book SynopsisThis new fourth edition of a well-established book is a timely response to the continuing development of the new rules of civil procedure in force in most of the jurisdictions of the English-speaking Caribbean. The new edition has been substantially revised to cover amendments to, and recent case law interpreting and applying, the Civil Procedure Rules of the various territories. It is essential reading for law students and legal practitioners in the region.Table of Contents1. Introduction 2. Commencement of proceedings 3. Responding to a claim 4. Service out of the jurisdiction 5. Parties and joinder 6. Ancillary claims 7. Default judgments 8. Summary judgment 9. Case management 10. Amendments to statements of case 11. Applications for court orders 12. Interlocutary injunctions 13. Freezing 'Mareva' injunctions and orders 14. Dosclosure and inspection of documents 15. Requests for further information 16. Security for costs 17. Offers to settle and payments into court 18. Interim payments 19. Striking out and discontinuance 20. Expert witnesses 21. Affidavits 22. Witness statements 23. Pre-trial review 24. Trial, judgments and orders 25. Costs 26. Enforcement of judgments 27. Appeals
£68.99
Edinburgh University Press Expenses
Book SynopsisThis practitioner's guide is the the first up-to-date overview of the costsand funding landscape in Scotland.
£76.50
Bloomsbury Publishing PLC Public and Private Enforcement of Securities
Book SynopsisThis book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator’s approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.Table of Contents1. Introduction I. Research Questions II. Structure of the Text III. Scope of Study and Text IV. Case Studies V. Key Findings VI. Conclusion 2. Background I. Introduction II. Continuous Disclosure III. Misleading or Deceptive Conduct IV. ASIC Enforcement V. Shareholder Class Actions VI. Conclusion 3. Analytical Framework I. Introduction II. Deterrence III. Compensation IV. The Regulatory Process V. Conclusion 4. Case Studies I. Introduction II. Methodology III. Telstra IV. Multiplex V. Centro VI. Leighton VII. Conclusion – Summary of Case Studies 5. Application of the Analytical Framework to the Case Studies I. Introduction II. Application of the Analytical Framework – Deterrence III. Application of the Analytical Framework – Compensation IV. Application of the Analytical Framework – Regulatory Process V. Conclusion 7 6. Effectiveness and Coexistence of Regulatory Enforcement and Class Actions I. Introduction II. Effectiveness of ASIC Enforcement and Class Actions III. Ramifications of ASIC Enforcement and Class Actions Coexistence IV. Conclusion 7. Public and Private Enforcement Recalibrated I. Introduction II. ASIC’s Enforcement Approach Revisited III. Class Actions Revisited IV. Reformulating the Continuous Disclosure Laws V. ASIC Enforcement and Continuous Disclosure Class Actions Post-2017 VI. Conclusion 8. Coordination of Public and Private Enforcement I. Introduction II. Why Coordination? III. Existing Coordination Mechanisms IV. Coordination in Other Regulatory Regimes V. Concerns with Coordination VI. Coordination Strategies for Securities Regulation VII. Conclusion Appendix 1 I. Interview Questions for ASIC II. Interview Questions for Class Action Applicants, Litigation Funders and their Lawyers III. Interview Questions for Regulated Entity/Class Action Respondents’ Directors/Officers and their Lawyers IV. Summary of Interviews V. Interviews with Short Title Appendix 2 Table 1 Continuous disclosure infringement notices from 1 July 2004 to 30 June 2021 Table 2 Continuous disclosure enforceable undertakings – 1998 to 30 June 2021 Table 3 Continuous disclosure class actions – 2002 to 30 June 2021
£85.50
West Academic Publishing Federal Rules of Civil Procedure, Educational
Book SynopsisThis edition is an affordable, all-purpose resource designed to support any classroom text. It provides up-to-date versions of the Federal Rules of Civil Procedure, Federal Rules of Appellate Procedure, Rules of Procedure of the Judicial Panel on Multidistrict Litigation, habeas corpus rules, Rules of the Supreme Court of the United States, Federal Rules of Evidence, and the U.S. Constitution. Pending rule amendments are presented through interlineation, permitting users to see the pending amendments as a markup to the text of the current rules.
£61.75
Harvard Business Review Press HBR Guide to Navigating the Toxic Workplace
Book SynopsisIs your workplace toxic?Toxic workplaces take many forms. Whether you're dealing with a narcissistic boss, a backstabbing colleague, endless microaggressions, or a culture of overwork and burnout, it can feel impossible to know what to do. Should you address the issue directly, play office politics, go to HR, or just keep your head down?The HBR Guide to Navigating the Toxic Workplace will help you set boundaries and change what you can while maintaining your mental health and self-respect through some of the toughest interpersonal challenges you'll face at work.You'll learn how to: Recognize what's fixable Help bring problems to light Keep your performance up Protect your reputation and your career Prevent a toxic culture from infecting your team Rebuild trust and psychological safety Move on if you choose, without burning bridges Arm yourself with the advice you need to succeed on the job, with the most trusted brand in business. Packed with how-to essentials from leading experts, the HBR Guides provide smart answers to your most pressing work challenges.
£13.29
CILEX Education Working in Civil Litigation
Book SynopsisWorking in Civil Litigation is helpful for paralegals and junior staff working in personal injury (claimant and defendant) teams, as well as those working in commercial litigation teams. It will be a valuable resource for paralegals and junior staff working in litigation teams in local authorities, insurance companies and other organisations.
£31.34
JCB Mohr (Paul Siebeck) Gemeines deutsches Zivilprozeßrecht:
Book SynopsisDieser Band macht das System des Zivilprozeßrechts von Oskar Bülow (1837-1907) in Form einer Vorlesungsnachschrift erstmals für die Forschung zugänglich. Oskar Bülow war von den prozessualen Dogmatikern des späten 19. Jahrhunderts derjenige, der das moderne deutsche Zivilprozeßrecht am nachhaltigsten beeinflußt hat. Grundlegende Änderungen des prozessualen Denkens wie die methodische Unterscheidung von Zulässigkeit und Begründetheit, die Vorstellung einer einseitigen Prozeßbegründung ohne reale oder fingierte Mitwirkung des Beklagten und die Beachtung der Rechtskraft von Amts wegen gehen auf seinen Einfluß zurück. Da Bülow nur Monographien und Aufsätze, aber kein Lehrbuch hinterlassen hat, war es bisher nicht möglich, sein prozessuales Denken anhand eines von ihm selbst ausgearbeiteten Gesamtsystems zu studieren. Für die erste Phase von Bülows Entwicklung füllt diese Edition daher eine bisher schmerzlich empfundene Lücke. In der Einleitung zeigt Johann Braun auf, wie die von Bülow vorgenommenen Weichenstellungen im Positiven wie im Negativen auch noch das heutige prozessuale Denken bestimmen.
£105.45
Oxford University Press Standing in Private Law
a huge range and FREE tracked UK delivery on ALL orders.
£110.00
OUP Oxford Cases and Materials on Employment Law
Book SynopsisCases and Materials on Employment Law provides students with a current, reliable, and complete reference resource. Choice case extracts, judgments, articles, and statutory materials are presented alongside clear author commentary. The accompanying notes and questions are provided to reinforce key issues and to develop critical thinking skills.Trade ReviewReview from previous edition The best employment law casebook available. It contains the key materials and provides breadth and depth. This is an excellent resource! * Alice Blythe, Senior Lecturer in Law, University of Bolton *An excellent text in all respects. * Karen Davies, Senior Lecturer, Swansea University *Table of Contents1. Introduction to employment law ; 2. Defining the contract of employment and its continuity ; 3. Constructing the contract of employment ; 4. Equality law (1): equal pay ; 5. Equality law (2): discrimination in the workplace - sex and race ; 6. Equality law (3): other forms of discrimination ; 7. Terminating the contract ; 8. Unfair dismissal ; 9. Redundancy ; 10. Trade unions and their members ; 11. Industrial conflict (1) ; 12. Industrial conflict (2)
£54.99
Taylor & Francis Private International Law and Arbitral
Book SynopsisInternational commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to exp
£37.99
Taylor & Francis Ltd Decisionmaking in International Construction
Book SynopsisThis book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author's research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations.It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arTable of Contents1 Introduction. 2 Background. 3 Law as a Substantive Norm. 4 Commercial Norms. 5 International Construction Law. 6 Fairness as a Substantive Norm. 7 Mandatory rules of foreign law. 8 The arbitrator’s background. 9 Conclusion
£139.50
Taylor & Francis Ltd Banking and Finance Dispute Resolution in Hong
Book SynopsisThis book examines the concept of naming, blaming, claiming' in the application of arbitration for private banking dispute resolution. The author focuses on examining this issue using Hong Kong as a case in point, blending theory and empirical evidence to unveil how disputes are resolved within the banking and finance industry, which will enable them to explore possible effective and efficient mechanisms to resolve financial disputes. The book offers a comprehensive review of the laws and regulations governing the private banking industry in Hong Kong and selected jurisdictions, as well as how they are implemented. It examines the clients' perceptions through an innovative methodology for empirical studies. Describing how clients react to the laws and regulations and the potential adverse impacts to the stability of the banking industry, the author identifies possible factors that could trigger another financial crisis. Synthesising his analysis, the author proposes newly disTable of ContentsList of Tables, Table of Cases, Preface, Acknowledgements, List of Abbreviations, Chapter 1 – Introduction, Chapter 2 – Private Banking In Hong Kong, Chapter 3 – Arbitration and Dispute Resolution for Banks in Hong Kong, Chapter 4 – Unfolding The Clients’ Perspective: Knowledge Versus Experience, Chapter 5 – The Transformation of Disputes – Case Studies, Chapter 6 – The Self-Corrective Mechanism for Dispute "Elimination", References
£128.25
Taylor & Francis Architects Legal Handbook
Book SynopsisCelebrating 50 years since it was first published, the Architect's Legal Handbook has been the most widely used reference on the law for practicing architects, and the established textbook on law for architectural students.Since the last edition of this book in 2021, unprecedented change has occurred in the construction sector. The withdrawal of the United Kingdom from the European Union has ushered in changes to legislation in a wide range of areas. The tragic fire at Grenfell Tower in June 2017, and the deficiencies in design, construction and regulation within the sector that were revealed as a result, have given rise to major changes in the way projects are now carried out. An overhaul of the Building Regulations and the creation of a new Building Safety Regulator are only some of the ways in which the landscape has changed.This eleventh edition features all the latest developments in the law which affect an architect's work, as well as providing comprehensi
£44.64
Bloomsbury Publishing PLC Litigants in Person and the Family Justice System
Book SynopsisThis book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales. Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.Table of Contents1. Introduction I. Litigants in Person and the Family Justice System II. The Family Justice Landscape III. Where Next for Family Justice? IV. Learning from LIPs V. Chapter Outline 2. The Changing Landscape of Family Justice I. Neoliberalism and the Family Justice System II. Family Justice at Breaking Point? III. Domestic Abuse and Family Justice IV. COVID-19 and Family Justice V. A Turning Point for Family Justice 3. Conceptualising Litigants in Person I. Tensions in Family Justice Research II. Marginalised Perspectives III. Inequality, Disadvantage, and Difference IV. The State and the Family Justice System V. Material Manifestations of Disadvantage VI. A Theoretical and Empirical Enquiry 4. Navigating the Family Justice System I. Procedural Requirements II. Legal Norms III. Physical Environments, Social Hierarchies and Cultural Expectations IV. The Full-Representation Model 5. Contributing to the Family Court Process I. Speaking in Court II. Using Paperwork to Communicate III. Asking and Answering Questions IV. Being Heard within the Family Court Process V. Changing the Conversation 6. Finding a Role in the Family Justice System I. Relationships with Judges II. Relationships with Opposing Lawyers III. Relationships with Other LIPs IV. Finding a Role 7. Perceptions of Family Justice I. The Expectation-Experience Disconnect II. Understanding Decisions and Outcomes III. A Cycle of Exclusion IV. Family Justice Journeys 8. Conclusion I. Litigants in Person and the Family Justice System II. LASPO: The End of Family Justice? III. How to Break a Cycle of Exclusion
£90.00
Manchester University Press Expansion Rebellion: Using the Law to Fight a
Book SynopsisThis is a story of hope in the face of widespread consternation over the global climate crisis. For many people concerned about global warming, the 2018 vote by UK parliamentarians to proceed with the plans for a third runway at Heathrow Airport was a devastating blow. Aviation was predicted to make up some 25% of the UK’s carbon emissions by 2050 and so the decision seemed to fly in the face of the UK’s commitment to be a climate leader.Can the UK expand Heathrow airport, bringing in 700 extra planes a day, and still stay within ambitious carbon budgets? One legal case sought to answer this question. Campaigning lawyers argued that plans for a third runway at one of the world’s busiest airports would jeopardise the UK’s ability to meet its commitments under the 2015 Paris Agreement on climate change. This book traces the dramatic story of how the case was prepared - and why international aviation has for so long avoided meaningful limits on its expansion.Trade Review'The long, bitter battle to stop Heathrow airport growing has changed the way we think about climate change. This legal and social thriller tells the most important story of the age and gives heart to all communities fighting dangerous developments.'John Vidal, former Guardian environment editor'The climate movement would do well to spend as much time interrogating its successes as well as its failures - something Hicks does brilliantly here. An important contribution to the body of evidence on what works, and why, when it comes to campaigning on the climate crisis.'Leo Murray, co-founder and director of innovation at climate charity Possible 'This is a fascinating and readable book from someone who has closely followed the twists and turns of the legal challenge against expanding Heathrow. Coming at a time when the government is all too keen to rely on technological fixes for the sector’s climate responsibilities instead of addressing the demand for flying fuelled by tax breaks on aviation, the book sets out what’s at stake and what to expect next in the iconic climate battle of our time.'Jenny Bates, Friends of the Earth'The third runway at Heathrow is one of the toughest tests of the UK's climate commitments. This book unpacks the law, science and politics of the case in a clear and compelling way. Essential reading.'Megan Darby, editor of Climate Home News'Hicks does an excellent job of setting out why and how aviation found itself so elevated, why it can’t be ignored, and the various ways that it can be addressed. What’s particularly useful is to see how the totemic Heathrow case, despite being an unresolved story, has already shaped legal challenges to infrastructure in several ways.'Jeremy Williams, The Earthbound Report'Hicks’ blend of legal analysis with first-hand interviews with residents makes for an illuminating and engaging account of the case and the wider difficulties of restricting aviation expansion'Christopher Shaw, LSE Review of Books -- .Table of ContentsIntroduction1 Building the UK’s climate change framework2 The story of Heathrow expansion3 Paris’ day in court4 Eminently fixable5 Lose the battle, win the warConclusionReferencesIndex
£14.24
West Academic Publishing Pleading and Procedure: Cases and Materials
Book SynopsisThis classic casebook has been thoroughly updated for 2020–retaining what has made it a favorite for decades while also remaining current and user-friendly. As ever, it contains lightly-edited cases with extensive explanatory notes, thereby teaching students how to read cases while learning doctrine. Some notes are historical and comparative, giving students a more nuanced understanding than can be obtained from simply studying current law. The book is accessible without sacrificing interest and complexity, providing a sophisticated understanding of civil procedure and the federal system. The book also remains adaptable to courses of different length and emphasis, and teaching the material in the instructor's preferred order. The twelfth edition has been thoroughly updated with extensive new material on personal jurisdiction, multidistrict litigation, the amended discovery rules (with a new exercise), and mandatory arbitration.
£272.00
West Academic Publishing Civil Procedure: Cases, Problems and Exercises,
Book SynopsisThis supplement brings the principal text current with recent developments in the law and contains the Federal Rules of Civil Procedure with selected advisory committee notes and key provisions from the United States Code. It also contains selections from the Federal Rules of Appellate Procedure, the Federal Rules of Evidence, and the United States Constitution that are useful for teaching Civil Procedure.
£22.75
West Academic Publishing The Law of Civil Procedure: Cases and Materials
Book SynopsisThe Fifth Edition integrates all significant developments that have occurred since the last revision of this casebook in 2013. These changes include new principal cases to reflect significant changes in the law with particular emphasis on personal jurisdiction, and scores of amended problems and notes to reflect all changes in such other areas as the definition of citizenship for diversity purposes, transfer of venue, pleading, and class actions. The Fifth edition also includes a full discussion and analysis of all of the intervening Supreme Court and important lower court opinions, and significant changes in the Federal Rules of Civil Procedure.
£269.10
Intersentia Ltd The Future of the European Law of Civil
Book SynopsisThe European lawmaker is currently overseeing what appears to be a paradigm shift in the way that cross-border litigation is conducted within the European Union. This matter was initially conceptualised from the perspective of international judicial cooperation, based on the notion of mutual trust and mutual recognition. Recent developments, however, have introduced the option of harmonisation as a new regulatory approach. The first part of the book is focused on the possible methodological approaches at hand. Special emphasis is placed on the role of the Court of Justice of the European Union as a ''promoter'' of a European Procedural Law (principle of effectiveness and principle of equivalence). The second part assesses to what extend harmonisation is already used: ''vertically'', through the regulations on international judicial cooperation, for example the European Account Preservation Order; and ''horizontally'', through the promotion of harmonised standards promoted by the directives on intellectual property rights and competition damages (access to information and evidence), or in the directive on trade secrets and in the field of data protection (protection of confidential information). With a view to the future, the final part examines two more recent initiatives: ELI-UNIDROIT and the proposal for a directive on common minimum standards of civil procedure in the EU.The Future of the European Law of Civil Procedure: Coordination or Harmonisation? clearly outlines the motivations of the various national and institutional players in the regulation of civil procedural law and identifies potential obstacles likely to be encountered along the way that will be useful for every lawyer in the field.Table of ContentsIntroduction (p. 1) I. Methodological Approaches. Inital Remarks on the Methodological Approaches to Procedural Harmonisation (p. 7) Procedural Harmonisation by the European Court of Justice: Procedural Autonomy and the Member States' Perspective (p. 17) Constitutionalisation of European Civil Procedure as a Starting Point for Harmonisation? (p. 69) Have the EU Regulations on Judicial Cooperation Fostered Harmonisation of National Procedures? (p. 89) II. The Current Situation: Vertical and Horizontal Harmonisation. Harmonisation of the Rules on Protective Measures? The European Account Preservation Order (p. 111) Harmonising Access to Information and Evidence: The Directives on Intellectual Property and Competition Damages (p. 123) Harmonisation of Confidential Information Protection in Legal Proceedings: The Trade Secrets Directive (p. 161) Procedural Harmonisation and Private Enforcement in the GDPR (p. 173) III. Current Initiatives for Further Harmonisation. The ELI/UNIDROIT Project: A General Introduction (p. 197) The ELI/UNIDROIT European Rules of Civil Procedure: Access to Information and Evidence (p. 205) Harmonisation of the Rules on Judgments and Appeals in Europe: A Few Remarks from the Inside (p. 223) The 2017 Directive Proposal on Common Minimum Standards of Civil Procedure in the Euroepan Union (p. 239) The 2017 Proposal of the European Parliament on Common Minimum Standards of Civil Procedure (p. 265) A Final Comment on the Future Evolution of Civil Procedure in Europe (p. 285)
£999.99
Globe Law and Business Ltd International E-Discovery: A Global Handbook of
Book SynopsisKey takeaways: •Learn new e-discovery techniques and stay competitive. •Offer clients and customers real service in tackling difficult problems. •Cut-through the overwhelming amount of data. •Give regulators and judicial decision-makers exactly what they want. The second edition of International E-Discovery provides an analysis from across the globe of the different approaches to and cutting-edge techniques in the use of digital evidence in legal and regulatory contexts. Technology specialists and legal practitioners in different jurisdictions come together to explain the latest developments in how digital evidence is collected, interrogated and deployed in response to legal proceedings, regulatory investigations, and in order to comply with organisational requirements. The perennial problem created by the vast volumes of corporate data continues to present a significant challenge around the world whilst at the same time new software is developed and the legal and regulatory systems are more accepting of the involvement of technology in litigation, arbitration and regulatory investigations. Computer science grounded in statistics invades traditional legal knowledge giving rise to new approaches in legal procedure and outcomes. Effectively bringing together the skills and approaches of two very different disciplines is vital to maintaining a system of proportionate justice. Leading practitioners who work at the coal face on a daily basis look at professional competency and conduct, privacy laws, judicial awareness, the skilful deployment of powerful search tools and the shape of the future. In this second edition the reader is brought fully up to date with what works and what has failed and where future investment is likely to be needed. The new edition also contains expanded geographic coverage with more professional tips on getting ahead with best practice on a country by country basis. A must-have addition to the seasoned practitioner’s library, a vital read for students and practitioners of the future, and essential background reading for judges and arbitrators, this is both a thought leadership and accessible, practical text that brings together multiple professional disciplines into a single volume.Table of ContentsPreface 5 Jeanne Somma Lineal Services Introduction 7 Mark Surguy Weightmans LLP Evolving technology and predicting the future 9 Mayank Sharma ProSearch; E-discovery evangelist, enthusiast, expert Outsourcing document review 17 Philip Algieri KPMG LLP Robert Coppola QuisLex, Inc Data transfer: storage, accessibility, retrieval 35 Martin Bonney Panoram Mark A Simpson Deloitte Professional conduct 65 Mark Surguy Weightmans LLP Virtual hearings 91 Stephen Dowling TrialView Australia 103 Kelly Douglas Lifeline Australia Anne Freeman Lisa Nguyen Piper Alderman Canada 113 Candice Chan-Glasgow Heuristica Discovery Counsel Gideon Christian Faculty of Law, University of Calgary Ilan Tsekhman ivari Insurance France 131 Emmanuel Schulte Ginestié Magellan Paley-Vincent (Paris) Germany 145 Markus Bauer Rittershaus India 161 Rahul Narayanan Dua Associates Ireland 171 Karyn Harty Megan Hooper McCann FitzGerald Italy 191 Claudio Cocuzza Giacomo Gori Cocuzza & Associati Japan 203 Yoshihisa Hayakawa Rikkyo University; Uryu & Itoga Kenya 209 Victoria M Mbithi KTK Advocates Singapore 215 Edmund Kronenburg Tang Kai Qing Braddell Brothers LLP United Kingdom 223 Johnny Shearman Signature Litigation LLP Tracey Stretton FTI Consulting Mark Surguy Weightmans LLP United States 255 Parker Burns Christopher Trowbridge Bell Nunnally & Martin LLP Jorge A Mestre Rivero Mestre LLP Uruguay 273 Agustina Silva Guarini Alfredo Taullard Hughes & Hughes About the authors 281 About Globe Law and Business 293
£139.50
Bloomsbury Publishing PLC The Constitutional Foundations of Judicial Review
a huge range and FREE tracked UK delivery on ALL orders.
£90.00
Institute of Competition Law Judicial Review of Competition Cases
Book Synopsis
£142.50
Springer International Publishing AG Supreme Courts in Transition in China and the West: Adjudication at the Service of Public Goals
a huge range and FREE tracked UK delivery on ALL orders.
£107.99
John Wiley & Sons Inc Mediation Ethics
Book SynopsisThis is the ground-breaking handbook of ethics written for conflict resolution professionals. It provides an indispensable daily tool for all practitioners in the field and offers a must-have resource for practitioners, professors, students, attorneys, and everyone in the field of meditation and alternate dispute resolution.Table of ContentsPreface ix Acknowledgments xiii 1 Values, Models, and Codes 1 2 Autonomy and Diminished Capacity 27 Commentators: Carol B. Liebman and Mary Radford 3 Autonomy and the Emotions 55 Commentators: Dorothy Della Noce and John Winslade 4 Disputant Autonomy and Power Imbalance 87 Commentators: Forrest S. Mosten and Bill Eddy 5 Tensions Between Disputant Autonomy and Substantive Fairness: The Misinformed Disputant 113 Commentators: Lela P. Love and Jacqueline Nolan-Haley 6 Information, Autonomy, and the Unrepresented Party 155 Commentators: Michael Moffitt and Dan Dozier 7 Mediating on the Wrong Side of the Law 177 Commentators: John Bickerman, Jeremy Lack, and Julie Macfarlane 8 Mediating with Lies in the Room 199 Commentators: Dwight Golann and Melissa Brodrick 9 Confidentiality 227 Commentators: Bruce Pardy and Charles Pou 10 Confidentiality Continued: Attorney Misconduct or Child Abuse 255 Commentators: Art Hinshaw and Gregory Firestone 11 Conflicts of Interest 277 Commentators: Bruce E. Meyerson, Wayne Thorpe, Roger Wolf, and Susan Nauss Exon 12 Mediating Multiculturally: Culture and the Ethical Mediator 305 Commentators: Carrie Menkel-Meadow and Harold Abramson 13 Ethics for ADR Provider Organizations 339 Commentators: Phyllis Bernard and Susan M. Yates Appendix: Model Standards of Conduct for Mediators 369 Notes 381 The Editor 419 The Contributors 421 Index 431
£45.00
Edinburgh University Press Delict Essentials
Book SynopsisDelict Essentials provides the reader with an introduction to the main areas of the law of delict.
£18.99
Cambridge University Press Civil Dispute Resolution
Book SynopsisUnderstanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and aTable of ContentsPart I. Civil Disputes and their Means of Resolution: 1. Introduction to civil dispute resolution; 2. Balancing competing objectives – the key themes of civil dispute resolution; 3. Access to justice and open justice; 4. Alternatives to court: ADR; 5. Managing court resources through ADR and summary disposition; 6. Lawyers, legal costs and their role in civil dispute resolution; 7. Managing resources through specialist courts and tribunals; Part II. Litigation: The Crucial Last Resort: 8. Interactions between parties and the courts; 9. Commencing proceedings; 10. Parties and pleading; 11. Party documents – the voyage of discovery; 12. Obtaining relevant information (alternatives to interparty discovery); 13. Protection of documents: privilege and confidentiality; 14. Witness evidence pre-trial; 15. Trial preparation and attendance; 16. Judgment, appeals and enforcement.
£999.99
The Law Society Litigation Handbook: Practice and Procedure in
Book SynopsisThe Litigation Handbook is a practical guide to taking a dispute through the courts of England and Wales with a specific focus on the Business and Property Courts from the pre-action stage to resolution, either by trial or settlement using an alternative dispute resolution method.
£75.00
The Law Society Execution of Documents
£999.99
Oxford University Press Elements of Contract Interpretation
Book SynopsisThis book describes and analyzes the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law. Structured along two dimensions, Elements of Contract Interpretation first takes a look at the elements within contract interpretation. This includes the particular sources of evidence, the building blocks of interpretation that the courts recognize when interpreting contracts. Such examples include the governing contract terms; the circumstances when the contract is made; each party''s purpose; usages; and the maxims of contract interpretation. The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or tTrade ReviewBurton's challenging analysis constitutes an enormously valuable contribution to our understanding of contractual interpretation issues. * John D. McCamus, York University, UK *Table of ContentsPreface ; Chapter 1: Goals, Tasks and Theories ; Chapter 2: The Elements ; Chapter 3: Identifying the Terms ; Chapter 4: The Ambiguity Question ; Chapter 5: Resolving Ambiguities ; Chapter 6: Objective Contextual Interpretation ; Index
£88.00
Oxford University Press Inc Prisoners Self Help Litigation Manual
Book SynopsisPrisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. This book succeeds the highly successful third edition of Prisoners' Self-Help Litigation Manual. Written by two legal and peniteTrade Review"In the many years I have worked with people facing or serving capital and Life sentences, I have experienced their frustration at their own inability to take charge of their cases and/ or their grievances...they lack the skills and the access to good law libraries. The Prisoners' Self-Help Litigation Manual, available for more than 25 years but recently updated, takes on the task of providing prisoners with the tools to handle their legal needs. It explains the pertinent law, shows them what they need to do to litigate an issue, and provides them with resources for help. As a self-trained professional in this field, I also found it extremely helpful. I truly believe that defense teams, advocates, and family members of the incarcerated should do their best to see that clients and loved ones have this important resource. And they should buy one for themselves!" --Claudia Whitman Director, National Death Row Assistance Network of CURETable of ContentsPersonal Statement ; Table of Cases ; Preface and Acknowledgments ; I. Introduction: Using this Manual and Using the Courts ; Part I: The Rights of Prisoners ; II. Conditions of Confinement ; III. Civil Liberties in Prison ; IV. Procedural Due Process ; V. Equal Protection of the Laws ; VI. Pre-Trial Detainee's Rights ; Part II: Enforcing Your Rights ; VII. The Legal System ; VII. Actions, Defenses, and Relief ; IX. How to Litigate ; X. Legal Research ; XI. Writing Legal Documents
£54.15
Clarendon Press An Introduction to the Law of Restitution
Book SynopsisThe author has taken the opportunity presented by the production of this new paperback edition to revise parts of the text and add a substantial postscript which brings the text up to date. This important work was hailed by scholars worldwide as the most significant recent work on restitution, and a landmark in the development of our understanding of this difficult subject. Students and scholars of common and civil law will welcome this paperback which brings the work to a wider readership.`The book amply repays close attention...both for its wealth of detail and for its perspicuous organisational principles''.Ethics `This is an impressive and challenging book that will be read and debated by legal scholars for some years''.Social SciencesTrade Review`...a remarkable and important book. Students will be fascinated with the rigour and challenge of its academic analysis ... The reason why this book should be on everyone's shelf, and read, is that it forces one to think and think again. Its clarity of thought - and language - provides us with the discipline, as well as the assistance, to see this perplexing and sometimes intransigent area of law in a refreshing way.'Lloyd's Maritime and Commercial Law Quarterly`...lively and well-written book...a powerfully argued and sophisticated piece of work which shows beyond doubt that there is an independent class of claims generated by the receipt of a benefit.'Times Higher Education Supplement April 1986Table of ContentsDefinition; differentiation; techniques and measures; organization; enrichment at the plaintiff's expense; non-voluntary transfer - vitiation; - qualification; free acceptance; miscellaneous cases - policy-motivated restitution; restitution for wrongs; the second measure of restitution; defences.
£98.66
Clarendon Press Standing Accused The Organization and Practices of Criminal Defence Lawyers in Britain Oxford Monographs on Criminal Law and Justice
Book SynopsisBased on a large study of legal professional practice, involving nearly 50 solicitors' firms, this book offers a critical examination of the practices and organization of defence lawyers in Britain - from the moment of initial contact through to the preparation and presentation of defendants.Trade ReviewDisturbing conclusions ... Standing Accused is powerful evidence of the extent to which the client is dependent on lawyers ... the book identifies fundamental concerns about the provision of legal service which need to be addressed. * David Pannick QC, The Times *The book really is compulsive reading for anyone engaged in criminal defence work. * The Lawyer *Standing Accused makes out a prima facie case against the existing arrangements, calls into question the roseate view commonly taken of the virtues of legal representation in criminal cases, and that anyone who reads this book will be driven to ponder further the professional standards and philosophy which ought to underpin a system of criminal defence. It is a significant and unsettling work. * Cambridge Law Journal *Standing Accused is powerful evidence of the extent to which the client is dependent on Lawyers ... the book identifies fundamental concerns about the provision of legal service which need to be addressed. * The Times *a compelling and characteristically provocative research report which is a credit to all concerned: the researchers and authors for their hard work, and Oxford University Press for conceiving its Oxford Monographs on Criminal Law and Justice series sufficiently broadly to include empirical studies ... Standing Accused is an impressive and disturbing work which will intrigue and entertain and dismay the reader ... It does ... stand a good chance of becomming a sociological classic; and in the meantime the book's accessible style and intelligent use of vivid empirical material ought to commend it to a wider audience than the "lawyers, scholars and professionals interested in the administration of justice" for whom the publishers (justifiably) assert that Standing Accused is compulsory reading * Law Quarterly Review *This is a timely, important and salutary book. * LCCJ Newsletter *Table of ContentsDefence solicitors in criminal cases - an introduction; organization and characteristics of criminal firms; the culture of criminal defence; pre-interrogation advice; advisors at interrogation; at the office - getting the client's story; the solicitor at court - client management and bail hearings; the solicitor at court - plea and mitigation; contested trials in Magistrates' Courts; solicitors, barristers and the Crown Court. Appendix: growth in criminal legal representation and legal aid in Magistrates' Courts, 1964-1990.
£155.00
Oxford University Press A Practical Approach to Effective Litigation
Book SynopsisThis book analyses the key skills that a lawyer needs to handle a case effectively, a topic that is not covered coherently in any other book. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition involves a complete reworking of the last edition to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The book has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The book also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with Table of Contents1. The growing focus on 'Effective' Litigation ; 2. An Overview of the Litigation Process ; 3. Dispute Management and Alternative Dispute Resolution Options ; 4. Legal Practitioners and the developing Professional Context ; 5. Advising a Client and Taking Instructions ; 6. Financing Litigation ; 7. Establishing and Analysing Facts ; 8. Making best use of relevant Law ; 9. Defining Issues ; 10. Joining the right Parties ; 11. Legal Letters and Opinions ; 12. Drafting Statements of Case ; 13. Pursuing Appropriate Remedies ; 14. Defending an Action ; 15. Track Allocation and Directions ; 16. Active Case Management and the use of Sanctions ; 17. Costs Management and Budgeting ; 18. Evidence, Disclosure and Witness Statements ; 19. The potential roles of Experts ; 20. Procedural Rules as Practical Tools ; 21. Managing Risk and Cost Benefit Assessment ; 22. Settling a Case and Part 36 offers ; 23. Preparing a Case for trial and drafting Skeleton Arguments ; 24. Presenting a Case in Court ; 25. Costs Orders and Costs Shifting ; 26. Enforcing a Judgment ; 27. Challenging a Judgment ; 27. Your Practice
£135.00
iUniverse Dispute Management How to End the Litigation Problem
a huge range and FREE tracked UK delivery on ALL orders.
£13.77
