Legal systems: civil procedure, litigation and dispute resolution Books

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 SynopsisHere, on a scale unmatched by any previous collection, is the extraordinary energy and eloquence of our first national political campaign: During the secret proceedings of the Constitutional Convention in 1787, the framers created a fundamentally new national plan to replace the Articles of Confederation and then submitted it to conventions in each state for ratification. Immediately, a fierce storm of argument broke. Federalist supporters, Antifederalist opponents, and seekers of a middle ground strove to balance public order and personal liberty as they praised, condemned, challenged, and analyzed the new Constitution Gathering hundreds of original texts by Franklin, Madison, Jefferson, Washington, and Patrick Henry—as well as many others less well known today—this unrivaled collection allows readers to experience firsthand the intense year-long struggle that created what remains the world’s oldest working national charter. Assembled here in chronologTrade Review"The best resource for understanding the morning headlines I've seen in a long time." — Bill Moyers"An easily accessible set of sacred writings for America's civil religion, these two books are composed of the very stuff of history." — The Chicago Tribune"Not only is it wonderful writing, it is wonderful thinking." — Nina Totenberg, NPR

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Book SynopsisThis book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers. Fresh Produce Shipping focuses heavily on protecting the rights and recovery aspects of companies involved in growing, selling, and transporting fresh produce. It gives importers, exporters, loss adjusters, surveyors, and freight forwarders an easy-to-understand guide to the management and requirements of submitting claims. It provides an overview of the shipping terms and procedures involved when raising a claim. The book offers specific and detailed industry knowledge to stakeholders who would not normally have access to such information without the employment of specialists or legal counsel, providing an inexperienced reader with the tools to submit a claim and achieve an understanding of protocolTrade Review"Fresh Produce Shipping provides a "go to guide" for Importers / Exporters, Loss adjusters, Fresh Produce Surveyors, students with an interest in Fresh Produce shipping and claims handling, by providing a comprehensive realistic understanding of the market inan easy to understand text. The book provides a step by step understanding of the claims handling process covering both Airline and Ocean shipments providing reference guides and an understanding of the various conventions relevant to both forms of shipping." -- Victoria Bredin, British Association of Cargo SurveyorsTable of ContentsDedication; Acknowledgements; Foreword; Table of Cases; Definitions; Introduction; Chapter 1 - An Overview of the Claims Process ; The Loss; Air; Ocean; The Strategy to be adopted; Chapter 2 - An Overview of the Legal Framework for Air Cargo and Ocean Cargo Liability; Air; Ocean; Hamburg Rules; Chapter 3 – Detailed Actions after Discovery of the Loss ; The Question of Abandonment ; Delivery Signatures on Collection and Receipt; Air Cargo; Ocean Cargo; Claim Notification & Invitation to Carrier to attend Survey; Air; Salvage and Mitigation; Survey & Investigation; Joint and Separate Surveys; Air; Ocean; Common Causes; Air; Temperature Abuse; Delay; Ocean; Temperature Abuse; Suffocation and CO2 Injury; Delay; Evidencing the container loading; Pre-Shipment Condition and Temperature; Shelf-life tests; The Relevance of Pre-Shipment Evidence; Trip Thermographs; Air; Ocean; Analysis of Transit History; Determination of Cause; Air; Ocean; Chapter 4 - Documentation Gathering; Booking Request and Carrier confirmation (Ocean only); Supplier Invoice; Packing List or Load List; Health Documents; Certificate of Origin, Movement Certificate EUR.1; Air Waybill; Air Cargo Consolidations and House Air Waybills; Ocean Bills of Lading and Sea Waybills; House Bills of Lading; Airline Release Note, Removal Authority, or Airline Delivery Order; Goods Inwards Records; 1st Inspections/Quality Control Records and Photographs; The Surveyor’s Report; Chapter 5 – The Legal Rules determining for What you can Claim; The Central Principle of Restitutio in Integrum; Attempts to derogate from this principle; Damages in Contract and Damages in Tort; Interest on Damages; Duty to Mitigate; Date for Assessment; Chapter 6 - Calculation of Constituent Claim Values; ASMV- Arrived-Sound Market Value; Proof of Arrived-Sound Market Value; The ‘Supermarket Market’; The ‘Wholesale Market’; Sales Price Lists; ADMV – Arrived-Damaged Market Value; Cost-based quantum; Directly-Related Expenses; Survey Fee; Sorting/Repacking; Dumping Costs and Certification; Other Possible Costs; Chapter 7 - Claim Submission; Covering Letter; Presentation Standards & Well-ordered Attachments; Submission of Claims by email; Other methods of claim submission – Air Cargo Claims; If by Post, obtain Recorded Delivery and why; Ask yourself?; Chapter 8 - Time Limits and Time Bar Protection; Time Limits; Air Cargo; Ocean Cargo; Time Bars; Air; Ocean Cargo; Chapter 9 - The Struggle For Settlement; Unreasonably-Delayed Responses & Refusal to Deal; The Burden and Onus of Proof; Delay not involving Physical Damage; Air Cargo; The Central Principle of a Carrier’s Liability under Applicable Law; Aspects of entitlement to claim and sue; Cessions of Rights; In relation to House Air Waybills; Objections to Quantum; The ‘Market’; Survey Fees; All other expenses; Defences – and Countering them; Contributory Negligence; Pre-Shipment Causes; Harvest Records; Pack House Protocols; ‘Hot Stuffing’ - Ocean; ‘Hot Delivery’ – Air; Mixed Maturity; Rots, and Diseases; Thermographs; Reefer container Inspection; Vent Closure and Suffocation/CO2 injury; Failures during Transit; Inadequate packing; Inadequate stowage in an Ocean container; Post Shipment Objections; Attempts to reject claims on dis-entitlement; Air Cargo; The Grounds for a Claim; Force Majeure issues; Successive Carriage; US-Based Airlines and the ‘3-day rule’; Limitation of Liability; Enforcement of these Rules; Ocean Cargo; Attempts to reject claims on dis-entitlement; The Grounds for the Claim; Shipper’s Responsibility for container Settings; Inadequate Stowage; Carrier’s Datalogger – if it can be obtained; Malfunctioning containers and ‘Due Diligence’; Measure of Damages; Limitation of Liability; Unreasonable Attitudes and Commercial ‘Strong-Arm’ Tactics; Field-Heat Argument; Improper Use of Authorities; ‘Strong-Arm Tactics’; Refusal to Produce Evidence; Being ‘Taken to the Wire’; Further Carrier Tactics after Issue of Proceedings; Dismissal of Evidence; Excessive Demands for Evidence; Mixed Maturity; Carrier’s Claims, Operational, and Marketing Personnel at Odds?; Chapter 10 - Reaching for Settlements; Without prejudice negotiations; Dispute Resolution; Ocean Carriers’ P&I Clubs; Jurisdiction; Air; Ocean; Solicitors and Litigation; Choice of Lawyers; Broad Outline of events during Litigation with Costs implications; Pre -Legal Action; Legal Action; Part 36 offers; Preparation for Trial; Trial; Costs Awards; Withdrawing at Any Stage; Annexes; Examples of claim notices; Air Claim Notice; Ocean Claim Notice; Non-Survey Claim Notice; Claim Submission covering letter or message; Air Claim; Ocean Claim; Excel Spreadsheet to show quantum; Cession of Rights wording; Air; Ocean; Schedules; Air; Montreal Convention; Warsaw/Hague; Warsaw [unamended]; IATA 600b Air Waybill; Conditions; Ocean; Hague; Hague/Visby; Hamburg

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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

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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

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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

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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

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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.

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Book SynopsisUpdated throughout for this fourth edition, The Law of Construction Disputes maintains its position as a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution.The book covers the construction dispute process by analysing the main areas from which disputes arise, up-to-date case law, and how to effectively deal with construction project disputes once they have arisen. It provides the legal practitioner with all the case law needed in one concise volume, and examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating to reach su

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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

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Book SynopsisTaking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.Table of ContentsPart I. Starting Off: 1. Introduction; Part II. Jurisdiction; 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. EU Law: the problem of pure financial loss; 6. The traditional English rules; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. US law: some highlights; Part IV. Procedure: 18. Freezing assets; 19. Obtaining evidence abroad: forum procedures; 20. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 21. Introduction to choice of law; 22. Torts; 23. Contracts: the principle of party autonomy; 24. Contracts: legal policy and choice of law; 25. The common-law countries: regulating business, protecting employees and helping consumers; 26. Foreign currency; 27. Property: tangible movables; 28. Contractual rights and property interests – I; 29. Contractual rights and property interests – II; 30. Contractual rights and property interests – III.

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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

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Book SynopsisFocusing on practical principles or guidelines for arbitrators, this book covers everything a prospective international commercial arbitrator should know about conducting an arbitration in Hong Kong. Specifically geared to those interested in or starting work as an international commercial arbitrator in Hong Kong, the book takes readers step-by-step through the problems that are likely to arise in the conduct of a commercial arbitration and in the development of their careers as international commercial arbitrators.Table of Contents1. Introduction 2. Theory 3. Infrastructure 4. Rules 5. Appointment 6. Start 7. Interlocutory 8. Evidence 9. Trial 10. Finish 11. ADR Support 12. Judicial Support 13. Complex Arbitrations 14. Specialized Arbitrations 15. Challenges

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Book SynopsisNow in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration.Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations Table of Contents1.The Rules of Evidence and their Application 2. Depositions, Interrogatories and Judicial Notice 3. Document Production in International Arbitration 4. Witnesses of Fact 5. Party-Appointed Experts 6. Tribunal-Appointed Experts and Inspections 7. Assessing the Evidence, Burden of Proof, Adverse Inferences and Procedural Good Faith 8. Evidentiary Hearing 9. Disclosure and Admissibility of Evidence

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Book SynopsisThis book provides a comprehensive and in depth guide to the regulatory framework in Singapore, the first of its kind for the foremost jurisdiction for international arbitration in the Asia-Pacific geographic zone. It is designed with practitioners in mind and provides terse and specific but detailed and well-informed commentary to each of the sections in the applicable arbitration acts. It sets out and annotates the two legislative acts applicable to arbitration in Singapore, as well as the Singapore International Arbitration Centre Rules. In addition, international documents including the Uncitral Model Law and the New York Convention are included.Table of ContentsPart I - Background to the Singapore legislation Part II – International Arbitration Act First Schedule Uncitral Model Law on International Commercial Arbitration Second Schedule Convention on the Recognition and Enforcement of Foreign Arbitral Awards Concluded at New York on 10th June 1958 Part III – Arbitration Act (Cap. 10, 2002 Rev. Ed.) Part IV – Rules of Court Part V – Rules of the Singapore International Arbitration Centre

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Book SynopsisThe classic legal guide with more than 100,000 copies in printnow substantially updated and revised!Whether grappling with modest or extensive assets, The Complete Book of Wills, Estates & Trusts has long been the indispensable guide for protecting an estate for loved ones. In this completely revised fourth edition, updated to cover the latest changes in estate law, attorneys Alexander A. Bove, Jr., and Melissa Langa synthesize their decades of field and classroom experience into honest, clear, and entertaining explanations of a host of complex legal topics, including: How to create a will and living trust How to use a trust to avoid probate and legal complications How trusts work and how to use trusts to save taxes How to contest a will and how to avoid a contest How to settle an estate or make a claim against one How to establish a durable power of attorney How to protect assets from creditorsIn their straightforward an

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Book SynopsisThis clear and practical book gives a thorough exposition of the law governing dilapidations in Scotland. It covers the underlying common law; interpretation of the lease; remedies for breach of repairing obligation; common parts and service charge; and dispute resolution.

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Book SynopsisThis practitioner's guide is the the first up-to-date overview of the costsand funding landscape in Scotland.

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Book SynopsisShines a light on the ways in which civil procedure may privilegeor silencevoices in our justice systemIn today's increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure. Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their prTrade ReviewCogently organized with a compelling foreword and introduction, A Guide to Civil Procedure powerfully demonstrates the profound relationship between civil procedure and access to justice. -- Devon W. Carbado, author of Unreasonable: Black Lives, Police Power, and the Fourth AmendmentAn impressive collection of essays by a diverse group of leading scholars in the field. A Guide to Civil Procedure is an extraordinarily comprehensive examination of the practical and theoretical relationships among the rules, doctrines, and practices that govern civil litigation and questions of race, gender, economic inequality, nationality, sexual identity, and orientation, among others. It is an invaluable resource for anyone seeking a deeper understanding of civil procedure, how it impacts these important issues, and why it matters. -- Adam Steinman, University Research Professor of Law, The University of AlabamaExcellent and long overdue. This volume will be hugely beneficial to Civil Procedure professors and will play an important role in helping students of all backgrounds overcome their own implicit and cognitive biases to see that the law is not as blind or neutral as it is portrayed. -- Laura J. Hines, University of Kansas School of Law

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Book SynopsisThe Federal Court of Canada, which existed from 1875 to 1971 under the name Exchequer Court of Canada, occupies a special place in the court structure of Canada. It was founded principally to adjudicate legal disputes in which the Canadian government was involved; since its change of name in 1971 it has become primarily an administrative appeal court dealing with the review of decisions made by federal administrative tribunals in addition to its existing jurisdictions, admiralty, intellectual property, tax, and other areas. As a federal court within the nation, its very existence has provoked discussion and debate as the various provincial court systems claim a position of primacy within our society for the adjudication of legal disputes.Central to this history of the Court is an examination of the judges who have sat on its bench. Bushnell investigates who the judges have been and examines their work, with particular focus on the judges' views of the proper approach to decis

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Book SynopsisThis is the third revised edition of what was described by the English Court of Appeal in C v D as the “standard work” on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In addition, since the awards of arbitrators are confidential and are not subject to the scrutiny of the courts, the book helps professionals understand the Form's lengthy and complex provisions. The book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations and was the joint winner in 2012 of British Insurance Law Association Book Prize for the most notable contribution to literature in the field of law as it affects insurance. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. The book will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and to clients, lawyers or arbitrators involved in disputes arising therefrom. This title is included in Bloomsbury Professional's International Arbitration online service.Table of Contents1. THE LEGAL AND ECONOMIC ORIGINS OF THE BERMUDA FORM Policy Forms and Liability Problems US Legal Decisions on Insurance Coverage Issues The Creation of ACE and XL Key Features of the Bermuda Form 2. THE BERMUDA FORM: ITS BASIC STRUCTURE An Occurrence Reported Form The Period of Cover: Coverage A and B Limits The Excess Point The Inception and Retroactive Coverage Dates The Exclusions The Conditions Schedules and Endorsements 3. CHOICE OF LAW ISSUES UNDER THE BERMUDA FORM Identifying the Relevant Governing Law The Division between Substance and Procedure 4. INTERPRETATION OF THE BERMUDA FORM AND THE MODIFICATION OF NEW YORK LAW The Structure of the Modification of the New York Law Proviso Interpretation of Insurance Contracts: The Basic Approach Interpretation of the Modification of the New York Law Proviso The ‘Forbidden Grounds’ Fruit of the Poisonous Tree? 5. THE COVERAGE CLAUSE Insurance against Liability The Insured Ultimate Net Loss/All Sums Insurance … For Damages Judgments Settlements by the Policyholder Mitigation of Damages Allocation of Payments Personal Injury, Property Damage and Advertising Liability Personal Injury Property Damage Advertising Liability Other Aspects of the Coverage Clause 6. THE DEFINITION OF ‘OCCURRENCE’ Introduction ‘Occurrence’: The Basic Definition Aggregation Expected or Intended Injury 6 7. FORTUITY, EXPECTED OR INTENDED, AND THE ‘MAINTENANCE DEDUCTIBLE’ Introduction Fortuity and Related Doctrines Expectation and Intention The ‘Maintenance Deductible’ 8. NOTICE OF OCCURRENCE Introduction Method of Giving Notice Notice as a Condition of Coverage Notice as a Trigger of Coverage: Legal and Practical Considerations 9. ARTICLE II: THE EXCESS POINT AND LIMITS OF LIABILITY The Excess Point The Other Insurance Condition The Policy Limits Joint Ventures, Partnerships and Minority Interests 10. THE EXCLUSIONS Introduction 6 Interpretation of Exclusion Clauses: General Principles and the Effect of the Bermuda Form’s Modification of New York Law Causation The Specific Exclusions in the Bermuda Form: Introduction The ‘Prior to Inception or Retroactive Coverage Date’ and ‘Other Insurance’ Exclusion The ‘Workers’ Compensation, etc’ Exclusion The ‘Professional Services’ Exclusion The ‘Owned Property; Care, Custody or Control, etc’ Exclusion The ‘Products Liability’ Exclusions (‘Efficacy, Loss of Use, etc’) The ‘Advertising’ Exclusion The ‘War’ Exclusion The ‘Toxic Substances’ Exclusion The ‘Aircraft’ Exclusion The ‘Watercraft’ Exclusion The ‘Pollution’ Exclusion The ‘Nuclear’ and the ‘Radioactive Contamination (Outside the United States)’ Exclusions The ‘Erisa’ Exclusion The ‘Repetitive Stress’ Exclusion The ‘Securities, Antitrust, etc’ Exclusion 11. THE CONDITIONS The Premium Condition The Inspection Condition The Cross-liability Condition The Notice of Occurrence Condition The Assistance and Co-operation Condition The Appeals Condition The Loss Payable Condition The Representation Condition The Other Insurance Condition The Subrogation Condition The Changes Condition The Assignment Condition The Cancellation Condition The Currency Condition The Arbitration Condition The Conflicting Statutes Condition The Law of Construction and Interpretation Condition The Proration of Losses Condition The Liability of the Company Condition The Policy Extension Condition The Reinstatement Condition The Discovery Period Condition The Expiration Date Condition The Former Subsidiaries, Affiliates and Associated Companies Condition The Notice Condition The Headings Condition 12. MISREPRESENTATION AND NON-DISCLOSURE Introduction Non-Disclosure under New York Law Misrepresentation under New York Law Remedy for Misrepresentation 13. WAIVER AND ESTOPPEL AND RESERVATIONS OF RIGHTS Introduction Waiver Estoppel The ‘Changes’ Condition in the Bermuda Form 14. COMMENCING A BERMUDA FORM ARBITRATION AND APPOINTING ATTORNEYS AND ARBITRATORS Introduction Legal Representation The Commencement of Arbitration The Selection of an Arbitrator Appendix: Notice to Commence Arbitration 15. THE COURSE AND CONDUCT OF A BERMUDA FORM ARBITRATION IN LONDON Introduction The Overall Shape of the Arbitration The ‘Pleadings’ Stage The First Order for Directions Confidentiality Discovery of Documents Preliminary Issues or ‘Bifurcation’ Witness Statements Expert Evidence Preparation for the Substantive Hearing The Substantive Hearing The Award and Post-Award Events Appendix 1: First Order for Directions Appendix 2: Protective Order 16. DISCOVERY, PRIVILEGE AND WAIVER OF PRIVILEGE General Principles Discovery in Arbitration in Practice Legal Professional Privilege Waiver of Privilege Confidential Documents Other Forms of Discovery 17. INTEREST AND COSTS Interest Costs

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Book SynopsisThis book offers a timely and detailed examination of the reality of criminal legal practice today. Drawing upon extensive anonymous interviews with criminal lawyers in England and Wales, it illuminates how financial pressures arise within the criminal justice system and how lawyers seek to navigate them. The work of criminal lawyers is frequently depicted in the news and media as exciting, well-paid and worthwhile, with prosecutors aiming to convict the guilty and defence lawyers fighting against miscarriages of justice. In contrast, the picture reported by many is of an already creaking and under-resourced system, now exacerbated by fallout from the COVID-19 pandemic. Against this backdrop, the book considers whether the criminal legal aid system really can continue to provide those unable to afford a lawyer with access to justice and whether the Crown Prosecution Service can provide justice to victims of crime. The book presents detailed findings about the work and experiences of both prosecutors and defence lawyers, how financial pressures influence this and to what extent this has changed with the new ways of working brought about by the COVID-19 pandemic.Table of Contents1. Investigating Austerity in Criminal Law 2. Studying the Work of Legal Practitioners 3. Legally Aided Criminal Defence at Police Stations in Austerity 4. Magistrates’ Court Defence and Prosecution Practice in Austerity 5. Crown Court Defence and Prosecution Practice in Austerity 6. The Future of Criminal Court Practice in Austerity 7. Understanding the Work of Legal Practitioners in Austerity Bibliography Index

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Book SynopsisIn this book, three experienced legal practitioners in patent matters provide a reliable and detailed guideline on how to enforce patents in three of the most important jurisdictions for patent infringement litigation, namely Germany, Japan and the United States. The book is structured by the relevant subject matters of patent litigation such as scope of patent protection, claims of the patent holder and objections of the alleged infringer, fact finding, pre-procedural measures, trial, principles of procedure and comparative aspects.

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Book SynopsisIn this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges’ multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book.Table of ContentsPart One: Homage to a Polymath 1. The Multidimensional Career of a Polymath, Xandra Kramer (Erasmus University Rotterdam, the Netherlands) Stefaan Voet (KU Leuven, Belgium), Lorenz Ködderitzsch (Johnson & Johnson, Belgium), Magdalena Tulibacka (Emory Law School, USA) and Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law) 2. Resume and Main Publications, Xandra Kramer (Erasmus University Rotterdam, the Netherlands) Stefaan Voet (KU Leuven, Belgium), Lorenz Ködderitzsch (Johnson & Johnson, Belgium), Magdalena Tulibacka (Emory Law School, USA) and Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law) 3. The Friend, David Marks (CMS Cameron McKenna, United Kingdom) 4. Policy Behaviour: Forging the Blueprint, Arundel McDougall (European Justice Forum, Belgium) and Urs Leimbacher (Swiss Re, Switzerland) 5. A Love of Music: From Oxford to the Sixteen, Harry Christophers CBE (The Sixteen, United Kingdom) 6. ‘In Modern Comic Opera One Sometimes Has to Wing It. If It’s Too Absurd to Say It, Then Sing It!’, Jeremy Gray (Bampton Classical Opera, United Kingdom) 7. Solicitor, Academic, Policymaker!, Diana Wallis (former European Parliament, Belgium) Part Two: Collective Redress 8. What is Collective in EU Collective Redress?, Hans Micklitz (European University Institute, Italy) and Andrea Wechsler (Pforzheim University, Germany) 9. ‘Je t’aime, moi non plus’: Why Europe Needs Strong Collective Redress, Alexandre Biard (Erasmus School of Law, the Netherlands) 10. Collective Redress in EU Consumer Law - How It Is, How It Could Be, Stephen Weatherill (University of Oxford, United Kingdom) 11. Let’s Redress European Redress the Hodges Way! Redressons redress en Europe à l’Hodgienne! A Look at How Canada Resolves the Conflicting Collective Claims Cross-Border Conundrum and How May the Canadian Solution Help Us in the EU?, Herbert Woopen (European Justice Forum, Belgium) 12. Deadweight Loss and Collective Redress in Competition Law, Franziska Weber (Erasmus School of Law, the Netherlands) 13. Third Party Funding in Collective Redress, Astrid Stadler (University of Konstanz, Germany) 14. Do Collective Redress Mechanisms Deliver Justice?, Mary Bartkus (Hughes Hubbard & Reed LLP, US) Part Three: Consumer Dispute Resolution 15. Does ADR “Get It”?, Lewis Shand Smith (Business Banking Resolution Service, United Kingdom) and Matt Vickers (Ombudsman Services, United Kingdom) 16. Consumer Dispute Resolution in the Digital Era: Access for Some Consumers?, Eline Verhage (Leiden University, the Netherlands) and Naomi Creutzfeldt (University of Westminster, United Kingdom) 17. Rise and Fall of Traffic Accident ADR in Japan: The Cause and the Possible Remedy, Takuya Hatta (Kobe University, Japan) 18. CDR: Catalyst for China’s E-Commerce, Ying Yu (University of Oxford, United Kingdom) and Alex Chung (University College London, United Kingdom) Part Four: Court System Reform and New Technologies 19. Digital Technology and The Development of Holistic Dispute Resolution, Sir Geoffrey Vos (Master of the Rolls, United Kingdom) and John Sorabji (UCL, United Kingdom) 20. The Evolution of No-Fault Compensation Schemes for Personal Injuries, Sonia Macleod (University of Oxford, United Kingdom) 21. No-Fault Compensation Systems in the Pandemic Context, Lorenz Ködderitzsch (Johnson & Johnson, Belgium) Part Five: Ethical Business Regulation, Corporate Behaviour, and Regulatory Delivery 22. Ethical Business Practice and Regulation and Beyond: Challenging Traditional Approaches to Compliance and Enforcement, Ruth Steinholtz (AretéWork, United Kingdom) and Srikanth Managalam (University of Queensland, Australia) 23. The Evolution of INDR 2017 – 2022, Hilary Evans (INDR, United Kingdom) and Graham Russell, Departments for Business, Energy and Industrial Strategy, United Kingdom)

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Book SynopsisAs officials scrambled in 2020 to manage the spread of COVID, the reverberations of the crisis reached well beyond immediate public health concerns. The governance problems that emerged in the pandemic would be problems in other climate-related disasters, too. Many of these governance problems wound up in court. Businesses filed insurance claims for lost commerce; when the claims were denied, some companies sued. Defense attorneys tried to get inmates released from prison, citing dangerous living conditions. As state governments ordered closures and otherwise tried to adapt, interest organizations that had long sought to limit government authority challenged them in court. Political officials railed against litigation they argued would stop businesses from reopening. The United States, like other countries, governs partly through litigation, and litigation is one way of seeing the multiple governance failures during the pandemic. Drawing on databases of cases filed, news reports, and the websites of advocacy groups and law firms, Susan M. Sterett argues that governing during the pandemic, or in any disaster, must include the human institutions intertwined with the effects of the virus. Those institutions reveal problems well beyond the reach of technical expertise. Failures in private insurance as a way of governing risk, conflicts about the primacy of religion, government authority, and health, are problems that predated the pandemic and will persist in future disasters.Trade Review"Litigating the Pandemic is an exciting read for scholars of court behavior, political systems analysis, public health, and disaster studies. Sterett argues that understanding pandemics as a cascading disaster reveals a complex and linked system in which courts (both the Supreme Court and the lower courts) act as the mediators of interests that may or may not serve the interests of the public." * Choice *

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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

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Book SynopsisThe only practitioner’s guide to the law of property damage, it is a “must have” for anyone practising in property damage claims. This text provides comprehensive, up-to-date analysis of the legal principles and practical concerns in fire, gas, natural hazards, escape of water, subsidence, party walls and pollution claims and excellent, learned examination of claims under the Defective Premises Act and the Consumer Protection Act. The book cements its unique utility by analysing, over three additional and separate chapters, the general principles of contract law, tortious liability and insurance law as they relate and are relevant to property damage claims. This allows practitioners, judges, academics and students to easily and efficiently come to grips with the idiosyncrasies of property damage law but also to understand how the general principles of contract, tort and insurance law relate and interact with property damage claims. Written as a handbook for practitioners, it also offers practical, user-friendly guidance for conducting property damage litigation. This title is included in Bloomsbury Professional's Property and Land Law online service.

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Book SynopsisAn in-depth practical work covering all the main areas of accountants’ legal liabilities in negligence claims, including audit liabilities to clients and others, tax and insolvency work and conflicts of interest. It covers accountants’ negligence in relation to claims against accountants acting for corporations as well as accountants acting for individuals. The second edition focusses on the difficult legal issues surrounding the liability of accountants in negligence claims. It covers statutory and non-statutory audits, tax advice, specified procedures reporting, due diligence reports and corporate finance reporting. It looks at the scope of losses for which the accountant may be liable with detailed reference to case law as well as money laundering and regulatory issues. Limitation and contributory fault are considered with special reference to accountants' cases. The following important developments and case law are included: - The material covering the application of the SAAMCO/scope of duty principle has been substantially revised following the clarification of the SAAMCO principle of scope of duty by the Supreme Court in BPE Solicitors & Anor v Hughes-Holland [2017] UKSC 21, [2018] AC 599 and the Court of Appeal in the accountants’ case of Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, [2019] 1 WLR 4610 - AssetCo v Grant Thornton [2019] EWHC 150 (Comm), [2019] Bus LR 2291 in which the first edition of this book was cited several times, an auditor was held liable for trading losses caused by management fraud and the Court of Appeal at [2021] PNLR 1 considered the application of the scope of duty principle to a general audit case and the question of credit for the receipt by the company of new capital - The difficult question of the application of the scope of duty principle to dividends, discussed by the High Court in BTI v PricewaterhouseCoopers [2020] PNLR 7 and the Court of Appeal in AssetCo v Grant Thornton - Lowick Rose LLP v Swynson Ltd & Anor [2017] UKSC 32 on avoided loss - Developments in the application of rules of contributory fault to accountants in the light of the trial judgments on this issue in Manchester Building Society v Grant Thornton and AssetCo v Grant Thornton - The effect of the Supreme Court’s decision in Singularis Holdings v Daiwa Capital Markets [2020] AC 1189 on auditor’s counterclaims and the illegality defence - The controversial High Court decision on accountants’ conflicts of interest in Harlequin Property v Wilkins Kennedy [2017] 4 WLR 30 - Pre-action disclosure against auditors following the decision in Carillion Plc v KPMG LLP [2020] EWHC 1416 (Comm) - First Tower Trustees v CDS (Superstores) [2019] 1 WLR with important implications for the application of UCTA to disclaimers of liability - Halsall v Champion Consulting [2017] PNLR 32 where extended limitation under s14A was considered in the context of tax schemes and a tax adviser’s contractual time bar was construed - Evans v PricewaterhouseCoopers [2019] EWHC 1505 (Ch) on the date when the cause of action for tax advice was considered in detail - Developments in the law of privilege in relation to investigations of auditors including Sports Direct v Financial Reporting Council [2020] EWCA Civ 177, [2020] 2 WLR 1256 - Substantial revisions to the Code of Ethics, disciplinary bye-laws, and the FRC’s rules and schemes This title is included in Bloomsbury Professional's Professional Negligence Law online service.Table of ContentsPart 1 Introductory Chapter 1 Introduction and general principles Part 2 Auditing Chapter 2 The legal framework of auditing Chapter 3 The regulatory framework of auditing Chapter 4 Characterising the auditor’s relationship with the company and the elements of and defences to a claim for audit negligence Chapter 5 Caparo: the objects and scope of the auditor’s duty of care in tort Chapter 6 Applications of the Caparo principle Chapter 7 Breach of duty and the auditor’s standard of care Chapter 8 Scope of auditor’s duty – for what losses is the auditor liable? Part 3 Other liabilities of accountants Chapter 9 Non-audit liability of accountants Chapter 10 Conflicts of interest and confidential information Part 4 Defences Chapter 11 Policy defences – ex turpi and insolvency Chapter 12 Limitation Chapter 13 Disclaimers and exclusions of liability Chapter 14 Contributory negligence and contribution Chapter 15 Counterclaims and mitigation of loss Chapter 16 Statutory relief Part 5 Issues arising in litigation concerning accountants Chapter 17 Disclosure Chapter 18 Expert evidence Part 6 Disciplinary regimes and money laundering Chapter 19 Disciplinary regimes Chapter 20 Money laundering

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Book SynopsisDisclosure of Information: Norwich Pharmacal and Related Principles offers clear and concise procedural guidance and comprehensive legal analysis of the key ingredients of the jurisdiction dealing with: · Wrongdoing · Involvement · Necessity · Discretion and scope of relief It is the only book available that deals solely with this important and distinctive power of disclosure developed (and continuing to develop) in the English Courts. This invaluable resource: · considers Norwich Pharmacal orders in depth as well as examining the Bankers Trust jurisdiction and other species of relief such as third-party disclosure, pre-action disclosure and the use of subject access request · addresses developments in the field of third party disclosure in proceedings issued against persons unknown · includes practical examples illustrating how the jurisdiction is relevant in different scenarios that can be faced · explores specific topics such as the use of Norwich Pharmacal against internet service providers and social media operators · includes a chapter on the extra-territorial scope of the Norwich Pharmacal jurisdiction - of particular interest to litigators dealing with cross-border fraud issues The book combines detailed legal commentary with sound practical guidance and is essential reading for litigation practitioners and practitioners involved in commercial disputes. This title is included in Bloomsbury Professional's Practice and Procedure online service.Trade ReviewThe ... great attraction of this book is in its referencing of offshore material, where there is lots of important case law which is often otherwise difficult to locate. -- Charles Hollander KC * Law Society Gazette *The extensive citation of case law from abroad is particularly useful; many of the authorities identified are very hard to locate elsewhere...the book is a valuable resource for anyone seeking to obtain or resist a Norwich Pharmacal order. -- Charles Hollander QC, Brick Court Chambers, London * Law Society Gazette (Review of 2nd Edition) *Disclosure of Information is a well-written and authoritative exposition of Norwich Pharmacal and related relief, effectively combining detailed legal commentary with sound practical guidance. -- Natalie Stopps, Associate, Commercial Litigation and Civil Fraud Department, Peters & Peters, London * Law Society Gazette (Review of 1st edition) *Table of ContentsChapter 1: Introduction Chapter 2: Overview Chapter 3: Background to the Norwich Pharmacal case Chapter 4: The Norwich Pharmacal case Chapter 5: Full Information to Assist the Victim of Fraud: Banker's Trust Chapter 6: Extending Norwich Pharmacal Chapter 7: Wongdoing Chapter 8: Involvement Chapter 9: Necessity Chapter 10: Discretion and Scope of Relief Chapter 11: Common Objections Chapter 12: Proecedural Considerations Chapter 13: Modern applications Chapter 14: Extra-territorial Scope Chapter 15: Related Jurisdictions Chapter 16: International Arbitration Chapter 17: Where Next for Norwich Pharmacal? Appendix: Sample Orders A: Simple Norwich Pharmacal Order in respect of an Identity B: Bankers Trust Order

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