Search results for ""Wildy, Simmonds and Hill Publishing""

The energy industry has an unstoppable momentum but also a value to society in terms of economic development and environmental protection though the development of “clean energies”. This is helping to build the foundations of an energy law regime, which is currently undergoing necessary development and consolidation. The contributors to this book examine the essential legal and regulatory factors contributing to energy law from different viewpoints and backgrounds.

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This walker’s guide to London’s unique Inns of Court gives just the right amount of information to encourage the visitor to look more closely at these ancient centres of tranquillity and charm. Several centuries ago the Inns of Court were any of a sizable number of buildings or precincts where barristers traditionally lodged, trained and carried on their profession. Over the centuries the number of active Inns of Court was reduced to the present four: Gray’s Inn, Lincoln's Inn, The Inner Temple and The Middle Temple. Lincoln's Inn is able to trace its official records to 1422. However, by tradition, none of the Inns claims to be the oldest of the four. The Inns are near the western boundary of the City of London; nearby are the Royal Courts of Justice. Each Inn is a substantial complex usually with a great hall, chapel or church, libraries, gardens, sets of chambers for many hundreds of barristers covering several acres. The layout is similar to that of an ‘Oxbridge‘ college. The ‘chambers’ were originally used as residences as well as business premises by many of the barristers, but today, with a small number of exceptions, they serve as offices only. The four inns are close to one another in central London. Middle Temple and Inner Temple are liberties of the City of London, which means they are within the historic boundaries of the City but are not subject to its jurisdiction. They operate as their own local authorities. These two inns neighbour each other and occupy the core of the Temple area. Gray's Inn and Lincoln's Inn are also near the boundary with the City of London. Tim Daniel’s popular guide to the Inns of Court, now approaching its fortieth year in print, offers an easy to use and portable reference aid. Tim’s lively writing style invites further investigation and gently encourages the reader to delve more deeply into the histories and occasional mysteries of these fascinating enclaves of legal learning.

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'Digital Assets and Probate: A Practitioner’s Guide' is an ideal companion for the busy probate practitioner who needs a better understanding of digital assets when advising clients, drafting wills, or administering estates. Written in an accessible style, it is a useful reference for both new and experienced probate practitioners, dealing with issues such as: - What is a digital asset? - Who deals with digital assets in probate situations? - How does inheritance tax apply to digital assets? - What happens if you ignore the digital aspects of a client’s estate? - What steps should be taken to secure digital assets post-death? - What should clients be asked about their digital assets and behaviours, and what should not be asked? The author looks at a range of subjects in the context of probate, from social media and the taxation of crypto-currencies to digital executorship and securing digital devices. The mitigation of risks to solicitors and legal representatives is also considered. This book also provides the practitioner with draft clauses, precedents and a sample digital assets questionnaire for clients. It contains a useful glossary of relevant terms which are commonly encountered in practice.

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Legal Research: A Practitioner’s Handbook provides practical advice on every aspect of effective legal research: problem analysis, selecting and finding the best sources; and presenting results effectively. This third edition has been thoroughly updated, taking into account the increasing popularity of commercial databases aimed at UK law practitioners; the overhaul of a number of government and other official sites (national and international); and significant changes to directions by UK courts relating to the conduct and presentation of legal research. New material on the use of social media in legal research, business information and making use of a law firm’s internal precedents has also been added. Part A covers problem identification and analysis, followed by advice on how to select the best sources and formats (paper or electronic) for research. Part B deals with the information most frequently sought by practitioners, listing sources with analytical comments and, for a selection of the most complex, ‘how to use’ instructions developed to a standard template. Jurisdictional coverage includes England, Wales, Scotland, Northern Ireland and the European Union, with the addition of information on key sources in European human rights and international law. Part C details sources on how to make the presentation of the results of legal research more effective. These three parts are supplemented by Part D, which describes in non-technical language how a practitioner might get the best value for money when buying information, whether print or online, from commercial law publishers. Extensive appendices provide indexes to abbreviations for Acts, journals and law reports; a glossary of technical terms used in legal research; a summary of the practice directions, statements and decisions of the UK courts relating to legal research; a table of guidance on how to devise more effective searches on the four most popular commercial databases; and a popular names index for legislation and cases relating to the UK and the EU

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The UK Supreme Court has been in existence for some thirteen years and is now taken for granted as part of the fabric of our legal system. This new edition of the book not only tells the remarkable story-full of twists and turns- of how the court came to be created, but also of the repercussions which followed from the court’s judgment in the prorogation case. In doing so, it taps into a rich seam of social and political history. It also provides an up-to-date assessment, free of legal jargon, as to how the court has “performed” in the light of both the fears and expectations which greeted its arrival The author, who has personally known some of the main characters in the story, has had a long and distinguished career at the Bar, appearing in many landmark cases in different areas of the law. His memoir, ‘Chance, Cheek and Some Heroics’, was published in 2018

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In a world that is shifting away from fossil fuels in response to the threat of climate change, the UK’s low carbon policies have seen renewable electricity capacity increase by more than three times since 2010. The future is clearly one of unremitting growth in electricity generation from wind and solar farms. Renewable Energy from Wind and Solar Power: Law and Regulation is concerned with the law and regulation of electricity generation in the case of the two most popular sources of energy derived from renewable resources. It covers up-to-date national policy and guidance relevant to electricity generation collected from renewable resources. There is also coverage of the powers of local planning authorities and of the Secretary of State, along with devolved powers in Scotland, Wales and Northern Ireland, in dealing with onshore and offshore energy projects along with the impact of Nationally Significant Infrastructure Projects under the 2008 Act. This book also covers consents under sections 36 (onshore and offshore wind generation) and 37 (overhead lines) of the Electricity Act 1989 and the grant of FEBA licences from the Marine and Fisheries Agency in the case of offshore consents. The availability of financial assistance for the generation and export of renewable energy to the grid is also dealt with, and there are several case studies examining a number of recent decisions of the courts, the Secretary of State, inspectors and reporters, involving wind and solar energy proposals. Renewable Energy from Wind and Solar Power: Law and Regulation will be an invaluable reference for lawyers, planning professionals and operators in the relevant sectors. It will also be of interest to others in showing how the industry is developing and of the regulatory processes involved in securing consents for the commercial development of energy from wind and solar power.

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‘Experience of all sorts at the Bar and on the Bench has led to the thought that a few timely words could avoid a lot of grief as well as perhaps bringing a smile or two from the pictures.’ At the Bar Nick Chambers did a great variety of cases ranging from the miners' respiratory claims to the Kuwait Airways litigation. On the Bench his job was to manage and try cases as the Mercantile Judge for Wales and Chester and then for Wales as well as sitting in London in the Commercial Court and other jurisdictions. He was a member of the Civil Procedure Rule Committee at the time of the introduction of the Woolf reforms. He now practices as an arbitrator and mediator from Brick Court Chambers. The Chambers family's involvement with watercolours goes back to 1779 with an ancestor's sketches during the Siege of Gibraltar. Since then each generation has made its own contribution including scenes from Mumbai in the V&A and the first illustrations of the rules of rugby football done at the school in 1845. Illustrations and texts from Nick's book Missed Moments in Legal History hang in the Rolls Building. The pictures in Case Handling pay a further happy tribute to his past. This book, with its pithy advice and attractive illustrations, makes taking the serious medicine of case handling a pleasure both for the recently qualified and anyone else with an interest in making dispute resolution work.

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This practical book is written with the busy practitioner in mind, explaining the law in clear and simple terms and concentrating heavily on procedure. The procedural chapters make up the greater part of the book and are designed to ensure that the practitioner drafts notices without mistakes and understands the critical time limits. Leasehold Enfranchisement contains checklists of mistakes to be avoided in the preparation of notices and clear guidance on procedure post service of the notice. The book enables the reader to find essential information easily. Fully up to date with the new procedural rules, Leasehold Enfranchisement includes the latest forms published by the First-tier Tribunal. It is accessible and practical, providing guidance on filling in notices, and checklists of common mistakes to be avoided. The authors provide plenty of detail on how to accomplish the main task for a solicitor in this area. The book also tackles valuation in a way that a non-valuer can understand so that the solicitor understands the valuation exercise.

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Widely recognised as one of the most brilliant and commercially minded judges of his generation, Peter Millett was involved in many leading cases of the day, including those arising out of the insolvency of the International Tin Council, the collapse of the Maxwell empire, and the Pinochet case, as well as cases of child custody and adoption, forgery, provocation, wrongful pregnancy, and even the Chinese system of concubinage. As in Memory Long is a frank and revealing account of the author’s life and career, punctuated throughout with his personal insights into the law and its workings through the years. As well as learning the difference between tax avoidance and tax evasion, the reader will also discover how to produce the perfect forgery or provide a company with substantial capital when you have no money, how best to present a fallacious argument, and how to use an umbrella in court. Among the book’s many anecdotes are a description of an occasion when the House of Lords managed to give judgment in the wrong case, and many examples of judicial wit at the expense of counsel and vice versa, as well as some often unintentionally hilarious cross-examinations and unexpected answers by witnesses. The memoirs of Peter Millett are not the usual dull series of legal cases won or lost but an entertaining account of personal and professional mishaps over a lengthy and distinguished legal career which will appeal to anyone with an interest in the law and its personalities.

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This new edition of 'Wills: A Practical Guide' explains what is involved in making a will, with particular reference to avoiding those issues which often given rise to litigation. The book contains a concise description of the content of a will and the mechanics of signing and witnessing and is written by two experienced practitioners in a clear and user-friendly style. It provides a guide to not only what can be disposed of by will but to property which is subject to its own rules. Information is provided on the formalities for making a will, including the testator’s capacity and related issues, particularly those involving the elderly, which may affect the validity of the will. The appointment of executors, trustees and guardians is considered along with the dispositive provisions typically contained in a will, including the use of trusts, creation of residences, gifts to children and so on. There are also sections on less common aspects of will-making but which often cause problems for practitioners including gifts for the benefit of pets, gifts to employees, gifts of business interests, mutual (as distinguished from mirror) wills, testamentary options, burial and other requests and dealing with property overseas. These matters are dealt with in the context of how a contentious will is now interpreted by the court in light of the Supreme Court’s decision in Marley v Rawlings and other rules of construction. The importance of providing executors and trustees with appropriate powers and the need to modify what is implied by statute is dealt with, including the importance of making adequate provision for the application of income and capital when required. The inheritance tax implications of will planning and drafting are covered along with typical strategies for dealing with family wealth by making best use of the exemptions and reliefs available. This includes guidance on leaving the family home in a way that maximises use of the new residence nil rate band when available, as well as explaining how the often overlooked matter of the incidence of inheritance tax effects its burden on beneficiaries. There are illustrative case studies of tax efficient wills appropriate for testators with common will-making problems. There is also a whole chapter aimed at dealing with drafting pitfalls and, more importantly, how to avoid them. Problems are also caused if the existence of a will is uncertain and so there is a helpful section on storing and locating a will. The work also includes sections on revocation and the effect of alterations to wills. The book includes useful precedents and checklists. 'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills.

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How Judges Decide Cases is a unique and practical guide which looks at how cases are decided and judgments are written. It examines the style and language of judges expressing judicial opinion and considers the drive for rational justice. The book is founded upon independent research in the form of interviews conducted with judges at every level, from deputy district judges to justices of the Supreme Court, and the practical application of academic material more usually devoted to the structure and analysis of wider prose writing. This new edition has been revised to take into account modern scientific thinking on bias in decision-making and is generic to all areas of contentious law. Newly appointed recorders, deputy judges, tribunal chairman, lay magistrates and arbitrators as well as experienced practitioners will find it invaluable as a guide to the deconstruction of judgments for the purpose of appeal.

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This book provides a comprehensive and comparative explanation of the law relating to all three types of business partnership available under English law; general partnerships, limited partnerships (including private fund limited partnerships) and LLPs. It explains the applicable law from formation of the business to termination, including chapters on the availability or otherwise of legal personality, duties of partners and members, management issues, property and finance, taxation, litigation and insolvency. This new edition of Partnership and LLP Law is fully updated and includes coverage of the Legislative Reform (Private Fund Limited Partnerships) Order 2017 which introduces a new form of limited partnership, the private fund limited partnership, and the new provisions requiring certain partnerships and LLPs to maintain a register of persons with significant control over the business. It also includes a discussion of the impact of v Clyde & Co v Bates van Winkelhof on employment and worker status of partners and LLP members. Other recent cases such as Flanagan v Liontrust Investment Partners and Inversiones Frieira SL and another v Colyzeo Investors are also discussed. The law relating to each of the three types of partnership is set out clearly and concisely to enable the busy practitioner to understand, or refresh their understanding of, partnership and LLP law. It will also enable those with knowledge or experience of one type of partnership to understand the similarities and differences of the other types.

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The Insolvency (England and Wales) Rules 2016 introduced extensive changes to insolvency practice, precedents and procedures – the biggest change to insolvency for over 20 years. Fully updated to take account of these new rules, which came into effect on 6 April 2017, Corporate Insolvency Practice is the only comprehensive ‘how to do it’ guide for solicitors and barristers to all the most common court applications in corporate insolvency. Covering areas as diverse as winding up petitions to administrations to the reuse of company names, this practical and accessible book seeks to give the inside track on what the court will expect both in terms of practice and evidence. It also provides the busy practitioner with a range of useful precedents and checklists, and sets out key statutory and practice material for each application. Packed with precedents, forms, checklists and statutory extracts, Corporate Insolvency Practice ensures you have readily to hand everything you need to prepare and present the most common insolvency applications. The new edition of this title will be an invaluable reference for all practitioners making insolvency applications in the Companies Court. 

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The Old Munster Circuit the legal memoirs of Maurice Healy, was first published in 1939 by Michael Joseph, and has reappeared in several editions over the last 60 years. It has been out of print in recent times and much sought after. This edition also contains a Biographical Introduction by Charles Lysaght. These amusing memoirs affectionately describe the workings and people of the Munster Circuit, where Healy practised from 1910 to 1914. Healy goes to some length in trying to describe and explain his countrymen to an English audience: "The difference of atmosphere between the two countries was exemplified in a case of my father's which came to be tried in London before Mr Justice Darling. The point at issue was the identity of a valuable picture, and hosts of witnesses, many of them humble Irish folk, were examined on either side. One of these Irishmen who had tuned his harp to the romantic air of his own County Court was a shock to a judge of pedestrian imagination. Darling at last turned to him sternly and said 'Tell me, in your country, what happens to a witness who does not tell the truth?' 'Begor, me Lord,' replied the Irishman, with a candour that disarmed all criticism, 'I think his side usually wins.' One of Ten Literary Classics chosen by Gary Slapper in The Times Student Law Supplement of 18.10.2005. He writes:- ''Literature with a legal content is extensive and highly varied. The law is interwoven with all life, and students wishing to excel at law should read widely. The more styles, forms and epochs of literature you read, the better.'' Of The Old Munster Circuit he says A charming unstructured anthology of humorous legal anecdotes from Ireland. The stories include instances of judicial severity like that of Lord Justice Holmes’s sentencing an old man from a farming community to 15 years. The convict cried for mercy saying he would not live to finish the sentence. “Well,” said the judge, “try to do as much of it as you can!” Publishing History First Edition Michael Joseph 1939 Revised Edition Michael Joseph 1939 Reprinted Michael Joseph 1948 Reprinted Wildy & Sons 1977 Reprinted Mercier Press 1979 Reprinted Mercier Press 1986 Reprinted with new Biographical Introduction by Wildy & Sons 2001 Reprinted by Wildy, Simmonds & Hill Publishing 2015

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The Crown, in its varied manifestations, is the principal landowner in England. It is active as occupier, landlord, seller, buyer, tenant and licensee and Crown bodies have a policy of positive management of their land. The Government Property Agency was formed in 2018 to rationalise the government estate, arranging for the disposal of surplus land, helping to relocate offices and advising generally in a way comparable to a commercial real estate company. Likewise the Crown Estate Commissioners and the Duchies of Lancaster and Cornwall constantly review their holdings to dispose of unsuitable investments in land and acquire new ones. Crown and Government Land: Prerogative, Statute and Common Law is an indispensable reference work for anyone interested in this complex area of law. The book sets out the general principles that govern the way the law applies to Crown land. It looks at the structure and constitution of the various authorities which manage that land, outlines the principal types of ownership, and discusses Crown immunity in relation to acts of Parliament. It describes the rules governing particular types of property such as minerals, forestry, the foreshore and sea bed, defence facilities and land of public interest including the royal parks and palaces. The book examines the application of equitable rights and trusts to Crown land and the right to ownerless property and discusses the special rules relating to Crown conveyancing and property litigation.

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This second edition of this authoritative work, written by a former president of the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal, takes full account of legal cases and developments since publication of the first edition. War Pensions and Armed Forces Compensation: Law and Practice is a comprehensive reference work covering all aspects of war pensions and armed forces compensation law and practice. The book provides a thorough explanation of the provisions of the Service Pensions Order 2006 and of the Armed Forces Compensation Scheme 2011, as interpreted by the nominated judges and by the judges of the Upper Tribunal and the appellate courts. The book covers the procedure for making a claim, bringing an appeal, and practice and procedure before the First-tier Tribunal (in England and Wales) and Pensions Appeal Tribunals (in Scotland and Northern Ireland), together with guidance on bringing appeals to the Upper Tribunal. War Pensions and Armed Forces Compensation: Law and Practice is designed to be a practical and easily understood guide for all those concerned in bringing and dealing with war pensions and armed forces compensation claims and appeals. The book also provides for the first time in the nearly one-hundred-year history of war pensions appeals a comprehensive analysis of the legal principles underlying entitlement to compensation for those injured or killed in the service of their country. This book will also be of interest to all those interested in the development of our oldest system of welfare benefits, and in how the special position of the armed forces is reflected in the injury compensation schemes.

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'Cyber Crime: Law and Practice', now in its second edition, tackles the fast-growing topic of cyber crime and covers a wide range of issues from electronic fraud, data, interception of communications, cyber stalking, online theft and intellectual property to more involved topics like malicious communications and the rules of evidence relating to cyber-crimes and computers. The second edition contains updated information on: New Offences under the Computer Misuse Act 1990, Investigatory Powers Act 2016, Data Protection Act 2018 and GDPR, and new CPS guidance on prosecution of offences relating to social media. Using detailed case studies, examples and statutory extracts the author explains all aspects of cyber crime and computer crime. 'Cyber Crime: Law and Practice' provides a practical, easy-to-follow guide for practitioners in the field, as well as those in law enforcement and academia.

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This is the second volume of this kind. The first, 'Addressing Vulnerability in Justice Systems', focussed on identifying vulnerability in international justice systems. This volume presents some of the challenges that exist in achieving sufficient access to justice for vulnerable people, primarily in criminal and family proceedings and provides international comparisons of best practice. This book, following on from The Advocate’s Gateway Conference in 2017, consists of a selection of papers from presentations at the conference. The primary focus is an international comparison of vulnerability in justice systems and issues surrounding access to justice for vulnerable witnesses and parties. The book presents the latest developments in a constantly developing area of law and provides details of the many different challenges which advocates, judges and vulnerable witnesses and victims encounter in justice systems. It also offers international comparisons of best practice. The discussions in 'Access to Justice for Vulnerable People' will provide academics and practitioners across a variety of disciplines an insight in to topics of central importance to the fairness and efficiency of court processes. Expert contributors offer an international perspective and research-informed practical advice for lawyers, researchers, judges and policy makers.

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‘A surprising gem’ Wisden Cricketers' Almanack 'In summertime village cricket is the delight of everyone' the English judge Lord Denning famously wrote, in a case brought by someone who clearly disagreed with him. The case was just one example of how the game of cricket cannot always avoid the law. Neighbours or passers-by get hit by stray cricket balls, protesters interrupt matches, players get into fights, take drugs, and sue each other for libel. Court and Bowled examines a number of stories where cricket or cricketers gave rise to a legal dispute. Some involved the giants of the game such as Grace, Botham and Imran. Others involved village cricketers of more modest talents who were unable to keep the peace between themselves. Some cases were of critical importance to the game, such as Kerry Packer’s High Court action in the late 1970s. Others were rather more trivial, such as spectators indulging in lewd attention-seeking behaviour. All of the stories demonstrated something common to both cricket matches and court cases: behind the intrigue, entertainment and theatrics of both there are always real people and real human stories. The book is written in a clear, accessible style, free of legal technicalities. It has been updated for the paperback edition to include the tragic death of Phillip Hughes, the perjury trial of Chris Cairns and the ball-tampering incident involving Faf du Plessis.

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This book, the third in a series, provides another instalment of extraordinary cases from around the world. Based on the author’s popular Times Online column, Further Weird Cases draws on cases and stories from many countries, including the UK, USA, Canada, Australia, New Zealand, Germany, Mexico, Italy, Japan, Romania, and China and contains a great variety of shockingly strange. funny, and entertaining courtroom dramas. The cases featured in Further Weird Cases are those that truly stand out as odd, even among all the unusual dramas that challenge the courts: a man from Florida who had his hand bitten off by an alligator and was then convicted of “illegally feeding an alligator”; a man imprisoned for 50 years for stealing a packet of pork ribs; two men in Italy who broke the law by dying in a place where it was illegal to die; the case in Scotland that collapsed when a dog due to give evidence died before the trial; a case in Brazil in which an election candidate had tried to gain votes by including a free sample of cocaine with each election leaflet; a case determining whether it is theft for a shopper to go to the ‘free sample’ counter of meat in a supermarket, fill two bags with the samples, and exit; and what happened to the defendant who urinated in the judge’s waste paper bin. These further weird cases are organised in themed chapters related to topics such as sex and love, food and drink, unusual punishments, pets and animals, and driving. This book is highly entertaining for anyone who enjoys reading about the more bizarre aspects of human life that fetch up in the law courts at the beginning of the 21st century.

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Wildy’s Handbook for Magistrates (previously published as Blackstone’s Handbook for Magistrates) is a readable and comprehensive account of the work of magistrates in England and Wales. It examines how magistrates are appointed; what they are empowered to do; how their courts are organised and operated; the kinds of matters they deal with – crimes such as theft and assault, traffic offences and issues concerning children and families; how they go about assessing evidence and deciding what to accept as true; how they decide whether defendants should be released on bail or kept in custody; the sentences they may impose and how they endeavour to make the punishment fit the crime. The book also looks at how legal aid works, a subject of continuing public and political concern. Last, but not least, it gives a flavour of what life as a magistrate is really like, touching on the pressures, responsibilities and rewards of the work. This new edition reflects the many changes introduced over recent years. These include revisions to the procedure for applying to become a magistrate and the training requirements; the introduction of the Criminal Procedure Rules, case management and other measures to reduce delay; the landmark Courts Act 2003; amendments to the Bail Act; and wholesale revision of the approach to sentencing. The authors, one a deputy justices’ clerk, the other a serving magistrate, bring two different, but equally important, areas of experience and expertise to the work and explain complicated concepts in a straightforward manner, keeping legal jargon to a minimum. “…a welcome addition to the list of appropriate books for magistrates and prospective magistrates. It is aimed not only at newly appointed members of the bench, but will also be of considerable interest and assistance to those with more experience…there is a great deal of support for magistrates in this handbook. It will also be of interest to other court users including legal advisers and probations staff. This is a thorough and carefully researched work ….” From a review of previous edition in The Magistrate “Magistrates old, new and prospective will gain much from this book…The authors have succeeded in providing a wide-ranging account of the work of lay magistrates. A lucid explanation of a magistrate’s work and duties is found in this book. The text is written with the non-lawyer in mind.” From a review of previous edition in New Law Journal

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Members’ clubs have for many years enjoyed a special status at law, in particular in relation to the supply and sale of alcohol. The new legislation introduced by the Licensing Act 2003 in itself justified a book for those involved in the running of, licensing, policing or advising, members’ clubs and Ken Pain, the original author, took the opportunity to deal with many other topics of importance to clubs, their officers and members. Club Law Manual was intended to provide a practical but authoritative guide to the relevant law to lawyers and non-lawyers alike and, to police officers and local authorities and their staff. This second edition not only brings this much used book up-to-date but enhances the original text by introducing chapters on gambling and fund-raising, hearings and appeals. Chapters on liabilities, employment, health and safety and food safety have been re-written to include issues raised by readers. The sections on entertainment, supply and sale of alcohol and internal regulation have been expanded to incorporate amendments to the Licensing Act 2003, changes to the law on sexual entertainment and the Equality Act 2010. In addition, a template for club rules is included within the appendices. The new authors are practising barristers and specialists in their fields.

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The fourth edition of A Practitioner’s Guide to Probate and the Administration of Estates is a practical and comprehensive guide to all forms of non-contentious probate applications, completion of Inheritance Tax Accounts and the administration of estates. The book is packed with hints and tips and an accompanying CD-ROM contains a comprehensive set of precedent forms, enabling practitioners to adapt precedents for their own use. The authors provide careful explanations of every step in the procedure for winding up the estate of a deceased person, from taking initial instructions to the final distribution of the estate and closing the file. The book opens with advice on meeting the client and taking proper instructions; moving on to tracking down the assets and liabilities which comprise the estate; completing inheritance tax forms and obtaining any available reliefs and allowances; questions concerning wills and intestacies; applying to the probate registries; discretionary orders; obtaining grants of representation; collecting in the paying debts and liabilities; identifying the beneficiaries and paying the legacies; finalising the tax situation; and distributing the residue of the estate. This new edition has been completely revised with practice and procedure brought up-to-date,

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Many thousands of people are prosecuted each year for drink and drug driving offences. The legislation favours the prosecution in a number of ways, for example, by requiring those under investigation to give evidence against themselves in the form of specimens of breath, blood or urine, but also affords certain safeguards to suspects. The conviction rate is exceptionally high, and the provisions have given rise to a wealth of case law. Drink and Drug Drive Case Notes comprises summaries of the many cases on drink driving, and the fewer cases on drug driving, which have come before the High Court, the Court of Appeal, the House of Lords and, in one instance, the Supreme Court. Over six hundred judgments are summarised. Each note is presented as a short statement of the facts of the case, the question(s) put to the appeal court and an extract from the judgment. The notes are intended to provide a broad outline of the trends in the case law and as starting points for readers seeking guidance on particular issues. This third edition includes notes of some seventy-five cases decided since the second edition was published. Themes running through the new cases include the interpretation of the provisions on reasonable cause to believe that the breath analysis device has not produced a reliable indication of the suspect’s breath alcohol level, and on the application of the Criminal Procedure Rules to proceedings for drink and drug driving. At the time of publication, the so-called “statutory option” has just been removed, and section 5A of the Road Traffic Act 1988, creating new offences of driving, attempting to drive, and in charge, with a concentration of a specified controlled drug above a specified limit, has come into force. The offences are framed in much the same terms of the excess alcohol offences, but testing will be by the analysis of blood or urine only. While much of the case law concerning drink-driving will be relevant, the new provisions will no doubt give rise to their own body of case law in due time. Drink and Drug Drive Case Notes was first published, as Drink Drive Case Notes, as a product of collaboration between Lion Laboratories – the manufacturers of much of the breath-testing equipment used in the UK and throughout the world – and the author. This expanded and updated edition of Drink and Drug Drive Case Notes will prove a useful reference for police, prosecutors, defenders and legal advisers. “As a reference guide, this is an extremely helpful addition to a legal adviser’s kitbag.” The Justices’ Clerk, of the first edition “[A]n extremely useful complement to any standard text book on drink driving matters. I would commend it not only to defence lawyers but also to those who prosecute in this area of law.” Solicitors Journal, of the second edition

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Claims assigned to the small claims track of the county court are up to £10,000 in value. This book provides clear guidance about all the relevant procedures and rules, some of which are unique to the track. They include the rules which limit costs recovery, procedures on appeals and the small claims mediation service provided through the Court. It meets all the needs of the professional user, including case citations and statutory references, but is written and presented with the non- lawyer in mind: it has a wealth of practical advice, plus simple summaries, flow charts, check lists and tables to enable litigants in person to understand the court process. It includes a glossary which explains over 100 legal words, terms and phrases. The book was first published over 20 years ago, and this is the 7th edition. It has been fully updated with an entire chapter devoted to the Road Traffic Act Small Claims Protocol and associated rule changes, under which many personal injury cases worth up to £5,000 in value will be allocated to the small claims track. This 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.

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'Charging Orders on Land: Law, Practice and Precedents' (first edition published as 'The Law and Practice of Charging Orders on Land') is an authoritative and practical guide to the issues of enforcement of money judgments by obtaining a charging order over the debtor’s property and then an order for sale. Such orders are frequently sought but can give rise to difficult issues, particularly in terms of the exercise of discretion by the courts and in relation to priorities. Not only does the book examine the legal principles, but it explains how to apply for a charging order. It provides practical advice and sets out the relevant procedural steps for each stage of enforcement. Less usual situations, such as sanctions, overseas entities, and tenanted property, are also covered. The second edition deals with the new CPR procedure for obtaining charging orders and provides practitioners with a wide range of useful precedents. This edition also contains a new chapter on insolvency regimes.

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This new edition is a comprehensive, accessible, and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975. It provides up-to-date guidance on the law, practice, and procedure on the ever-increasing applications for financial provisions under the Act. The provisions of the Act and its interpretation by the courts are set out and explained by providing summaries of relevant cases. The book also contains a step-by-step guide to the preparation of a case under the Act and the practice and procedure to process an application through the courts. The introduction provides an overview of the background of the legislation, the amendments that have been made, and the issues that still need to be resolved, particularly in relation to cohabitants. Each chapter comprehensively deals with information on the preconditions and time limits to prepare for an application to be made under the Act. These include issues such as domicile, limitation of time, eligibility, grounds for making a claim and the necessary factors to establish a claim. The book also provides useful information on claims based on constructive trusts and proprietary estoppel which so frequently arise in farming claims and claims made by cohabitants and other family members. The new edition sets out the challenges of cryptocurrencies, crypto assets, and currency. It also emphasises the importance of engaging in negotiations and mediation as part of the pre-proceedings steps to be taken, and the adverse impact on costs of failure to do so or frustrating attempts made to resolve the issues by agreement. The Appendices contain the 1975 Act, as amended, various Rules and Practice Directions, ACTAPS Practice Guidance, as well as precedents which provide a checklist of the information and evidence necessary to establish a case for each category of eligible claimant.

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Revised and fully updated, the fifth edition of A Practitioner’s Guide to Wills provides a practical and comprehensive reference for all those concerned in drafting and interpreting wills, and in giving effect to their provisions. Among matters considered in the fifth edition are: • What are the requirements for the virtual witnessing of wills executed during the Covid-19 pandemic? • What can be done to help prevent a successful challenge to a will if the testator’s capacity or intention might be an issue? •To what extent can the terms of a will give rise to a need to register a trust with HMRC? • What are the pitfalls if creating a will trust where it is hoped to claim the inheritance tax residential nil rate allowance? • Do nil rate band discretionary trusts still have a purpose in estate planning? • How does the court now deal with disputes over the interpretation of wills in light of Marley v Rawlings and family provision claims after Ilott v Blue Cross? The book also contains an extensive range of specimen clauses and model wills are set out in a separate appendix. All precedent material in the book is included on the accompanying CD-ROM.

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The Adoption and Children Act 2002, which sets out the statutory framework, contains 115 sections and 5 schedules. These provisions are supported by secondary legislation, international conventions, rules, guidance, practice notes and case law that has developed since the Act came into force. The paramount consideration in every decision relating to the adoption of a child is the child’s welfare throughout their life. In doing so the decision maker also has to consider and balance the competing rights protected under the European Convention on Human Rights of all parties in the adoption process and also the child’s rights under the United Nations Convention on the Rights of the Child. Adoption Law: A Practical Guide seeks to provide a comprehensive guide to the law, practice and procedure for professionals as well as those who are concerned with or involved in the adoption process. It covers each stage of the adoption process, including the difficult issue of contact between the child and their birth parents and the alternative options available by reference to the relevant case law and regulations in relation to domestic adoptions as well as adoptions with a foreign element. Registration of adoption and the sensitive issue of disclosure of information are also considered. The book deals with the statutory obligations and responsibilities imposed on adoption agencies, support services and other professional bodies who are concerned with adoption towards all the parties, including the child who is the subject of the proceedings. It also outlines the rights of those parties to challenge decisions made by the professional bodies involved in the process.

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'Advocacy: A Practical Guide' is for those who wish to learn essential advocacy skills as well as those seeking to make their advocacy more effective. The author has taught advocacy in over 20 countries and recognises that the challenges of advocacy throughout the world are much the same. This accessible book is intended to give you essential knowledge, tips, confidence and support. 'Advocacy: A Practical' provides you with techniques with which, by practice and experience, you can refine your skills. The book shows you how to overcome nerves; how to present clearly and ethically; and how to undertake case analysis. It will also show you how to succeed in Interim Applications (Motions); Handling Witnesses in Examination-in-Chief (Direct Examination) and in Cross-Examination; Re-examination; Making Submissions of Law to a Court or Panel; and Trial Speeches. There is also a section on Written Advocacy which teaches you to write persuasively and how to draft submissions and effective skeleton arguments. Finally, the book is full of stories and examples of skilful advocacy. It looks at the great advocates; their methods and approaches to winning cases and what made them stand out from the rest. This book is based on civil advocacy and arbitration, although patent attorneys and criminal practitioners will also find it valuable. International lawyers will also find the book helpful, providing as it does a better understanding of common law practices such as cross-examination.

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This succinct, practical and up-to-date book is an introduction to the complex area of public rights of way. It is aimed at practitioners, lawyers and surveyors, who are not necessarily experts in this area of law, but who may have to deal with rights of way in conveyancing transactions, land management or planning matters. The book will also be useful for those landowners, farmers and those working for local authorities. For this reason, the book does not follow the conventional pattern of dividing the chapters into subject topics, but looks at the law from the angle of the landowner, the purchaser, the public users of the rights and the local authority. There will, of course, be some chapters which will be relevant to all parties. Sections 20 to 26 of, and Schedule 7 to, the Deregulation Act 2015 will introduce many changes to the recording of public rights of way. The provisions were originally expected to come into force in April 2016. Although the relevant regulations are still awaited, the book covers the prospective legislation.

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Ivan Aleksandrovich Il’in (1883-1954) has become in post-Soviet Russia one of the most eminent legal philosophers of the twentieth century. This volume brings to an international readership for the first time what is perhaps the most impassioned and prescient work by a Russian jurist in support of the rule of law. Il’in has heretofore been accessible only to those who have a command of Russian, German, or, exceptionally French, and even then primarily in circles where Russian émigré literature circulated. Originally written and in galley proofs between 1916 and 1919, the final work on legal consciousness was not published until 1956 in Germany and only in the 1990s in Russia, where it has generated considerable impact. Il’in’s most original and influential contribution to legal theory, this long-awaited English translation will inform discussions of legal consciousness for decades to come. Il’in’s monograph is accompanied by one of his early and influential articles on concepts of law and power and by essays devoted to Il’in and the rule of law; the origin and transformations of the concept of legal consciousness, and the origins of Il’in’s treatise on legal consciousness, a glossary of key legal terms, and a bibliography of works by or devoted to Il’in.

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Keeping pace with planning law is no easy matter. The mass of primary and secondary legislation in this field, allied to local and national policy and guidance, make this the most intensively regulated area of the law. This comprehensive practitioner’s handbook covers the widest possible range of planning topics in a single volume and is written for planning practitioners in the private and public sectors. This book combines a readily accessible narrative with a substantial body of footnotes for those looking for more detail when it comes to case law and statutory materials. Planning Law: A Practitioner’s Handbook provides answers for the busy planning professional to a whole range of problems which commonly arise in the day-to-day practice of planning practitioners. Its advantage lies in the fact that it is a single up-to-date reference book covering a broad range of topics which might otherwise only be found in a number of specialist texts. It also contains sections on village greens, assets of community value, public rights of way, and gypsies and travellers, all of which impact on the realisation of land for planning purposes. The inclusion of these topics will be of particular value to practitioners in the public sector looking for up-to-date guidance in these fields.

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

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‘Miscellany-at-Law was first published in 1955. It sought to include not only wise and witty sayings of the judges but also curiosities of lawyers and the law. ....The preface of Miscellany-at-Law included a frank confession of my ignorance of much that ought to have been included, particularly from overseas jurisdictions: and I uttered a gentle prayer that those who know better would lighten my darkness, the bounteous response was surprising as it was pleasant. With this rich harvest coupled with material for which I had found no convenient home in the book and the fruits of further researches and accidental discoveries of my own, there was enough matter ....for this further volume.’ Sir Robert Megarry

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Now in its third edition, Personal Insolvency Practice is an indispensable guide to the most common personal insolvency applications for solicitors and barristers. Updated to take account of EX50A Guidance on Court Fees 2022 and Chancery Guide 2022, the book provides the busy practitioner with a comprehensive range of useful precedents and checklists, and sets out the key statutory and practice material for each application. The book provides practitioners with answers to questions such as: • What form do I use? • What fee do I pay? • What does my evidence need to cover? • Which court should I file at? • Who do I need to serve? • What will the judge be looking for? This edition also contains new precedents for claims under section 423, Insolvency Act 1986 in the wake of Moffat v Moffat [2021] BPIR 1309 and Manolete Partners v Hayward & Barrett Holdings [2021] BPIR 427.

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Written by an author who has extensive experience in private practice, the Land Registry, and the academic sector, Land Registration Manual is an authoritative source of technical and practical advice on all matters relating to registered land and interests affecting it. The book’s alphabetical (A to Z) approach allows practitioners to zoom in on the specific topic they are dealing with, knowing that the book will provide useful background commentary, along with clear guidance on the form and content of relevant Land Registry applications specific to that topic. The topics are geared to aspects of day–to-day practice rather than academic areas of law – making the book more accessible and more relevant to the needs of busy practitioners. Fully updated to take account of all the changes in land registration law and practice, including those introduced by the Land Registration (Amendment) Rules 2018, Land Registration Manual covers not only the usual subjects, but also many less frequently encountered topics which are often not covered elsewhere. Thus, its coverage extends not only from transfers to leases, but from bare trusts to franchises; options to powers of attorney; and chancel repair to embankments and sea walls. Each topic contains accurate commentary to aid understanding and clear guidance on the relevant applications which may need to be made to complete a transaction or protect a client’s interests. The book also contains all the current versions of the standard form restrictions and the prescribed lease clauses, along with a list of Land Registry forms and other useful information, making Land Registration Manual an invaluable ‘one-stop’ source of guidance for busy practitioners of all levels of experience. It will enable them to research topics and deal with matters quickly, efficiently and effectively.

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Assets of community value are buildings or other land nominated under the Localism Act 2011 by a voluntary or community body with a local connection and listed by the local authority because their use is considered to further the social wellbeing or social interests of the local community. They are given a number of different forms of protection. This book provides guidance on the interpretation and application of the relevant provisions. It sets out both legal and practical guidance, drawing together in one place the relevant principles from the Act, the accompanying Regulations, other primary and secondary legislation, Government guidance, the case law and elsewhere. It provides assistance to a number of different groups: to those who wish to nominate a building or other land for listing as an asset of community value, to landowners who may wish to resist the listing of their property, to local authorities who have to determine the nomination and resolve any disputes, and to the professionals who advise them. The first book to deal in detail with this area, Assets of Community Value: Law and Practice: • offers in-depth guidance, saving much time-consuming research • deals rigorously with the relevant legal principles, drawing on other areas of law to offer suggested answers to many unresolved questions • provides practical guidance, firmly rooted in legal principle, for how to deal with many of the issues which arise, some of which involve difficult points of law and interpretation • addresses in detail the ever-increasing case law of the First-tier Tribunal and Upper Tribunal in this area.

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'A Victorian Tragedy', for the first time, describes how the landmark court case of Banks v Goodfellow (1870) came about, what happened to the protagonists and how an enlightened judgment provided a practical definition of testamentary capacity that has since been used throughout the common law world law. This fascinating story is set against the backdrop of the mid-Victorian world and how it affected the lives of those caught up in the case. Set in the Lake District, around Keswick, the central issue was the mental illness of the testator, John Banks, and how he coped with living in a world that often derided his paranoia – “From the appearance of the man anyone would take him for a person out of his mind” as a local clergyman put it. The lives of John’s relatives were scarred, and often ended early, by other illnesses common at that time, but these lives also interweave with 19th century issues of emigration, marriage reform and early mortality. Extensive use is made of original court papers and contemporary newspaper reports, both from the national and local press, to present the picture that was placed before the court of how John Banks was affected by his insane delusions. The conduct of the Assize court hearing is explained, together with how the court and jury dealt with the radically opposed evidence from either side. 'A Victorian Tragedy; covers this case in detail not previously dealt with before and offers a different approach to re-evaluate an important case in the context of its time and the treatment of the insane in the 19th century. While the book will undoubtedly appeal to lawyers, the book’s portrayal of a mid-Victorian family and the treatment of the insane will also be of interest to the more general reader.

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As an essential part of the conveyancing process, the purchaser of property or land carries out a search at the local authority offices to discover if there are any planning; environmental health; highways or water restrictions appertaining to the property or land to be purchased. The new edition of this popular work provides a clear and concise commentary on the new Forms Con29 and Con29O and on the current version of Form Con29DW (Water and Drainage Enquiries). For the first time Form Con 29 now has enquiries relating to surface water drainage schemes, heritage partnership agreements, flood and coastal erosion risk management, community infrastructure levy, assets of community value, flood consents and land drainage consents. The sixth edition of this book examines each enquiry in turn, and clearly sets out the relevant and up-to-date legal position with sources and references. The authors then provide a summary of the implications of any reply by the local authority or water company concerned, positive or negative, so that a prospective purchaser can make a balanced decision as to whether to proceed with the purchase. Enquiries of Local Authorities and Water Companies: A Practical Guide provides an invaluable reference for the conveyancing practitioner, local land charges officer or estate agent.

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Forensic Fables appeared first in the Law Journal and then in book form between 1926 and 1932. They were published anonymously, but their authorship was quickly guessed. The literary style and the pictorial delineation were alike unmistakable. They were the work of Theo Mathew composed in his study on the ground floor at the back of 31 Cornwall Gardens. They show his wit in all its maturity Theo Mathew was born in 1866, the elder son of Lord Justice Mathew. Educated at the Oratory School and Trinity College, Oxford he was called to the bar in 189O and practiced in the South-Eastern Circuit and in London. He established a substantial common law practice and was frequently briefed in commercial cases. In later years he specialised increasingly in libel. He was the author of The Practice of the Commercial Court and for some years was Editor of Commercial Cases. Recorder of Margate from 1913 to 1927 and of Maidstone from 1927 to 1936, Theo Mathew was a Bencher of Lincoln’s Inn and was due to become Treasurer when he died in the summer of 1939. Throughout his life, in addition to his legal work, he found time to write articles literary and historical, mainly with a legal flavour. He was widely recognised as the wittiest member of the Bar, his style lighter than his father's and with a perfect spontaneity. He had a delightful sense of the ridiculous and had a merciless eye for the pretentious. Nor was his wit limited to legal subjects; he admitted once, very reluctantly, that he was responsible for the famous ‘Dr. Livingstone, I presume?’ story. Theo Mathew had a deep respect for the traditions of his profession and great affection for so many of those who practised it. This book is evidence of both.

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On an August evening in 1928 May Donoghue entered a café in Paisley. The circumstances of her visit made legal history. A ginger beer was ordered for Mrs Donoghue who famously complained that, to her surprise and shock, a decomposed snail had tumbled from the bottle into her glass. Mrs Donoghue sued for the nervous shock she claimed to have suffered as a result. The question whether she had a case in law against the manufacturer of the ginger beer was argued as far as the House of Lords. It is hard to overstate the importance of the decision in Donoghue v Stevenson. It represents, perhaps, the greatest contribution made by English and Scottish lawyers to the development of the common law. This case made it clear that, even without a contract between the parties, a duty of care is owed by ‘A’ to take reasonable care to avoid acts or omissions which could reasonably be foreseen as likely to cause injury to his neighbour: ‘B’. This concept, developed by the great jurist Lord Atkin, has become known by the universal shorthand, ‘the neighbour principle’. Who, Lord Atkin asked rhetorically, is ‘in law’ my neighbour? This case provides the answer. This book tells the full story and provides vivid biographical sketches of the protagonists and of the great lawyers who were involved in the case. It sets the case in its historical context and re-evaluates the evidence. he constitutional importance of the case is also dealt with; the blow it struck for a moral approach to the law which departed from a rigid doctrine of precedent. Finally, the book investigates the influence of Donoghue v Stevenson across the common law world: from the USA to the countries of what is now the Commonwealth.

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