IMPORTANT MODERN OBSERVATIONS ON HUMAN RIGHTS AND SOVEREIGN DEBT AT A TIME OF CHANGE SINCE 2015
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, "The Barrister"
The writers, Ilias Bantekas and Cephas Lumina, declare that "sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature".
It may be considered by some readers that this statement sums up the issues raised with this subject matter. And that this wrong has been put right by OUP in this most interesting new title, "Sovereign Debt & Human Rights"!
Do begin by reading the Preface which explained how the book was conceived. The editors were engaged with the Greek Parliamentary Committee on the Truth of the Greek Debt in 2015. The Committee's findings "made it abundantly clear that a country's debt is a complex phenomenon".
The reasons given by the Committee's leader, Eric Toussaint, are that "the most powerful stakeholders will typically silence all dissent as to the nature and even the existence of the debt".
The editors suggest that these stakeholders "understand all too well that if you silence dissent long enough, spread panic, and simultaneously impose austerity measures without respite" then even a determined population "will ultimately give up in the face of fatigue and survival".
They go on to say that is "exactly what happened in Greece". The tale of what happened to Greece and that "the Greek people ultimately accepted the miserable conditions inflicted upon them" is salutary as the book offers an understanding of the mechanics of sovereign debt. An important warning indeed where the editors have made "a distinct effort to engage views different to their own". The two authors and the 28 contributors put forward a step-by-step analysis of the debt phenomenon and how it affects human rights from many angles. The book begins by setting out the historical, political and economic context of sovereign debt. Then it addresses, in detail, the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders.
Bantekas and Lumina, together with an excellent team of global experts, review the link between debt how the accumulation of sovereign debt violates human rights. We found that the examination of some of the conditions imposed by structural adjustment programs on debtor States was very informative, offering as it does a view on how the servicing of their debt equally illuminating.
The contributors also reflect on how such conditions have been shown "to exacerbate the debt itself at the expense of economic sovereignty". The conclusion (without giving too many spoilers) is that such measures "worsen the borrower's economic situation and are injurious to the entrenched rights of peoples".
Indeed, this OUP title offers modern observations which will be of interest to a very wide readership after the events of 2015 and we were very grateful for the detail uncovered by the Greek Parliamentary Committee for all of us.
The book was published on 15th August 2018.
The Cambridge Handbook Of Public-Private Partnerships, Intellectual Property Governance, and Sustainable Development
by Intellectual Propert The Cambridge Handbook Of Public-Private Partnerships
A FIRST-CLASS NEW HANDBOOK AND A GREAT INTERNATIONAL COLLABORATION FOR GLOBAL COMMUNITY ECO-JARGON
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, "The Barrister"
It is now recognized that the politically controversial public-private partnerships (PPPs) enjoy what the editors, Margaret Chon, Pedro Roffe and Ahmed Abdel-Latif, describe as an "increasingly prominent role in addressing global development challenges". Cambridge University Press (CUP) have brought together 27 influential contributors on these important and developing fields of law.
Do begin the book by reading the excellent Foreword by Ricardo Melendez-Oriz, the head of the International Centre for Trade and Sustainable Development (ICTSD). The mission is simply explained: "building bridges between different stakeholders" and "advancing mutually acceptable solutions to complex issues"- the team do that in spades!
Throughout the work, it's important to recall that UN agencies and other organizations rely on PPPs to "improve global health, facilitate access to scientific information, and encourage the diffusion of climate change technologies".
And it's for this reason, say the writers, that the 2030 Agenda for Sustainable Development highlights their centrality in the implementation of the Sustainable Development Goals (SDGs).
At the same time, the intellectual property dimensions and implications of these efforts remain under-examined. Through selective case studies, this detailed and comprehensive work contributes to a better understanding of the relationships between PPPs and intellectual property. The relationship is considered within a global knowledge governance framework, that includes innovation, capacity-building, technological learning, and diffusion.
Linking global governance of knowledge via intellectual property to the SDGs, it is the first book to chart the activities of PPPs at this important nexus at a time of considerable change.
Of course, PPPs are now an essential feature of the global development landscape and what the editors call "a fixation in development discourse and practice". The title is a first attempt to look more closely at PPPs and IP "within a more capacious knowledge" of "governance framework". The contributors review this relationship with public health and other fields such as education, information and communications technologies (ICTs), libraries, agriculture and climate change.
We found the work quite a heavy read but, with perseverance, the end results offer a fresh insight into one of the biggest issues we face today in global development challenges. Thank you very much for this important statement on these challenges for the 21st century, and for the final conclusions in chapter 19 on the triple interface containing Margaret Chon's findings and suggestions on future directions.
This important handbook was first published in 20th September 2018.
by Daniel Clarry
FRESH RESEARCH AND CONTEMPORARY PERSPECTIVES ON TRUST ADMINISTRATION An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, "The Barrister" Lawyers - Counsel especially - embroiled in the vicissitudes of trust administration will welcome the publication of this new and certainly erudite legal text by Dr. Daniel Clarry published recently by the Oxford University Press (OUP). The book is a tour de force of scholarship and insightful analysis of a particular aspect of the administration of trusts that has, oddly enough, remained under-reported, you might say — or at least not extensively or formally commented upon for over a hundred years at least. If this sounds curiously odd, or oddly curious, it is.
'It appears', says Dr. Clarry that 'no one had really tackled the administrative jurisdiction of the Court over trusts in modern times, even though it is a matter of day to day practice in the courts,' adding that 'one is hard-pressed to find any systematic account of the underlying jurisdiction itself'.
He also refers to 'the various ways in which the Court acts to facilitate the performance of trusts as constituent parts of a coherent whole, herein named the supervisory jurisdiction over trust administration' … and so forth. It appears that practitioners advising on trusts and therefore seeking advice from the courts is an occurrence that is so commonplace and routine that it has perhaps been overlooked as a topic crying out from extensive and detailed research, which this book certainly provides. The extent and depth of said research is worth commenting upon, however briefly, as much of it has been carried out under the auspices of, or within the precincts of, some of the world's foremost academic institutions; the University of Cambridge, for example and the Max Planck Institute for Comparative and International Private Law.
Dr. Clary has also been awarded fellowships at Harvard Law School and the London School of Economics and Political Science (to give it its full title) which supported the publication of this book and related research. The core principle around which the book is organised is that of performance, supported by in-depth analysis, basically, of how the Court in its supervisory capacity acts in various ways to facilitate the performance of trusts in modern times.
It is fair to say, therefore, that the book offers a refreshingly modern perspective on a hitherto largely under-researched area of law which trust practitioners will find both thought-provoking and useful, particularly the commentaries on trust law, public law and private law.
This is a distinguished monograph that will certainly pique the interest of academics as well as practitioners tasked, for example, with advising private clients.
The date of publication is cited as at 26th December 2018.
by Heydon J D
COMBINING ERUDITION AND CHARM: AN ECLECTIC MIX OF COMMENTARY ON JURISPRUDENCE AND LEGAL THEORY
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, "The Barrister"
This quite inspired and carefully selected compilation of speeches and papers from John Dyson Heydon offers a jurisprudential approach to law from an internationally known Australian jurisprudent.
The editors John Sackar and Thomas Prince have brought together in one volume a wealth of material from a broad and varied range of sources - much of it hitherto unpublished - which reveals the depth, breadth and height, so to speak, of Heydon's insightful scholarship and trenchant wit. This, says the Hon. IDF Callinan writing in the foreword, is a 'diverse and reflective collection… redolent of learning and humanity' and therefore useful, as well as appealing, not just to law students, practitioners, judges and academics, but to a more general readership, as each speech and paper 'offers the reader the charm of the best essayists.'
Legal publications that offer charm as well as erudition are well worth knowing about and it is fair to say therefore, that the Hon J D Heydon AC QC, has made a notable contribution to legal scholarship over the course of a lifetime in the law.
A former judge of the High Court of Australia, Heydon commenced his career as a graduate of the University of Sydney prior to winning a Rhodes Scholarship to University College, Oxford. Achieving an impressive roster of credentials, he was admitted to the Bar of England and Wales in 1971, became a fellow of Keble College and eventually a Professor of Law — and subsequently Dean — of the University of Sydney Law School.
Following his retirement from the High Court in 2013 Heydon interestingly enough, presided over the Royal Commission into Trade Union Governance and Corruption (the significance of which should certainly merit further research).
Published by the Federation Press, the book's introduction mentions that the textbooks Heydon has produced, alone or as co-author, include as their subject matter, restraint of trade, economic torts, trade practices, evidence, equity, trusts and contracts.
Divided into six parts, the book contains forty-three separate speeches and/or articles covering for example, judicial technique, constitutional law, evidence and criminal law…and equity and contracts, the latter of which contains commentary on Lord Hoffman's "Interpretation of Contracts" and Lord Neuberger's "The Remedial Constructive Trust — Fact or Fiction."
The book's first two sections certainly contain an eclectic range of material, from Japanese war crimes to a comment entitled "President De Gaulle was Wrong: The European Union, the United Kingdom and Australia." This in case you're wondering, offers a condemnation of the European Union, which is scathing to a degree.
Whether or not you agree with the opinions expressed in this volume, you cannot help being impressed as well as amused. 'The Blair-Brown Government,' Heydon declares, 'must be ranked as among the worst since Ethelred the Unready.' (Be reassured by the editors here that most of Heydon's jokes have been edited out to a limit of one joke per speech!)
Yes, there's a rich variety of global and historical perspectives on mainly jurisprudential matters in this book, which does indicate that it should attract considerable interest internationally, particularly in common law jurisdictions.
The date of publication is cited as at 31st July 2018.
by Alan Murdie
"NEEDED MORE THAN EVER" SAID A RESIDENT TO US AS COUNCIL TAX RISES BITE FROM 2019
This new, 12th edition, of CPAG's "Council Tax Handbook" for 2019 arrives at an important time for the history of this form of taxation. In our view, the book will be of great value to taxpayers, advisers and administrators as well as elected councillors dealing with personal cases at a time of change.
The title has been rightly described as "the most widely used practical guide to all aspects of the council tax in England, Wales and Scotland" and it remains an invaluable resource for all affected by this tax. It has been fully updated and covers recent changes to the legislation, case law authorities and both court practice and procedure.
The Appendices are particularly important for unrepresented parties fearful of what they may face when up against a local authority. We found Appendix 3 particularly helpful setting out the standard content of a letter requesting an adjournment in the Magistrates' Courts, and always remember to serve a copy of the local authority as well.
Murdie and Moorhouse have included information for undergraduates covering student halls of residence, and advice concerning empty or second homes. The greatest benefit of this annual handbook concerns essential guidance on all aspects of how council tax collection is enforced, including methods used for recovery in view of the highly privileged position local authorities enjoy.
The many practical examples of issues which arise involving the administration of council tax will be of great help to the general public. We found the comprehensive guide to council tax reduction schemes of great help and comfort to those worried about where they stand when they face any form of conflict with those in local government.
The handbook explains the following issues which may arise, including those who is liable and who is exempt from paying council tax; how homes are valued for tax purposes and how valuations can be changed; the position of students; discounts and the new reduction schemes; the extensive powers of local authorities; and finally, tax collection, appeals, enforcement and bailiffs' powers.
The book has been fully cross-referenced for local government case-law authorities and regulations. Murdie and Moorhouse have filled it with lots of everyday examples of problems, making it an indispensable guide for a range of readers including taxpayers, advice agency staff, housing and consumer advisers, lawyers, local authority administrators and anyone else needing to understand the council tax and its application.
Always ensure you have the most recent edition of the handbook as both law and practice do change. The handbook was published on 4th December 2018. The law described in this handbook was correct at 1st October 2018.
by Sherzod Shadikhodjaev
INDUSTRIAL APPROACHES TO WTO POLICY POST BREXIT- AN IMPORTANT BOOK FOR 2019 WITH THE UK LEAVING THE EU
At just the right time for you, if ever there was an important statement on policy for the committed Brexiteer, then this brilliantly researched work from Professor Sherzod Shadikhodjaev is therefore just for you! It might even change your mind!
He writes that "the severe global financial crisis of 2008 could not be overcome without government interventions through industrial policy". We consider that the book has arrived at a crucial time offering us an analysis of industrial policy "from the perspectives of trade law and economics under the WTO system". The author expertly examines both "general tools of protecting and supporting domestic producers and specific topics like special economic zones, localization, greening measures and creative economy".
In addition to legal texts and the jurisprudence outlined here, this book extensively utilizes other WTO materials to show what is discussed in WTO meetings and forums on relevant issues. Content which many readers will not be too familiar with or informed about because it gives a new approach to the role of the World Trade Organisation for those who are not well informed on what they do.
Where it becomes applicable, Shadikhodjaev advances practical recommendations for 'right' or 'optimal' industrial policy "in certain contexts based on trade rules, case law and some countries' real experiences". The author concludes this work with some thoughts on concrete actions to be taken at the WTO and national levels and in academic circles in order to better tackle industrial policy issues. In short, it gives us a special insight into what the UK may well face in the summer of 2019.
This title is a part of Cambridge University Press's International Trade and Economic Law series of books giving the reader a thoughtful intellectual approach to current trading atmosphere economists and lawyers face with the challenges a post-Brexit world will offer all of us if Article 50 is implemented.
The book was published on 8th November 2018.
AN IMPORTANT STATEMENT ON DATA PRIVACY & MANAGEMENT IN THE CONTEXT OF E-DISCOVERY
Globe Law and Business offer us, as practitioners, a well-researched publication which, as far as we know, is a unique collection covering "world-wide analysis on the state of knowledge and practice in the use of digital evidence in legal and regulatory contexts". Do begin by reading Mark Surguy's introduction which sets the scene nicely and opens the book well for those new to the subject-matter.
The word "discovery" has been the subject of renewed legal interest recently in view of failures to provide documentation relevant to litigation within the England and Wales jurisdiction. Therefore, this new handbook is both timely and relevant at national and international/global levels.
The handbook has been compiled for Globe by hands-on technologists and legal practitioners. It reviews the most recent developments "in the principal legal centres of the commercial world in the use of leading-edge technology" enhancing the global requirements we have in 2019. As legal professionals, we are aware of challenges we face in the courts across different parts of the world.
We also know that the issues are similar for all of us. However, as the contributors recognise, "there is no single solution that solves the problem created by the vast volumes of corporate data that form the basis of investigations, litigation and arbitration". Of course, it makes all of us aware of the huge amount of information which is now out there – especially when we are older practitioners remembering the simplicity of the past!
Globe Law and Business remind us that "computer science with its statistical measurement, trial and error and numerical approach is converging with developed (and in some cases underdeveloped) legal knowledge, practice and procedure in different corners of the world".
The task of bringing together the skills and approach of two very different disciplines is the key to successfully maintain a system of justice that works for business at a cost that is not overwhelmingly disproportionate.
Fortunately, all the writers are experts in their own fields and have reviewed issues including "professional conduct, privacy laws, different levels of judicial awareness, the proper use of powerful search tools and techniques and the likely shape of the future".
In one title for the first time, this is a most informative handbook where, to use a legal expression, "the veil is lifted to provide you with deep insights into what works and what does not and where the money goes". And there are professional observations and tips on moving forward with best practice, country by country which is most helpful for international lawyers.
This handbook has been rightly described as "a must-have addition to the seasoned practitioner's library". It's a vital read for undergraduates and younger practitioners, giving the legal profession where it meets business with that essential background reading for both judges and arbitrators. We found the book to be a clear and accessible practical text which succeeds in bringing together multiple professional disciplines into a single volume at a time when data management and privacy are so needed.
The book was published on 15th August 2018.
by Arthur Bostrum
A GOOD LAUGH… NOT TO BE READ BY THOSE WITHOUT A SENSE OF HUMOUR
It was a delight to read this small, humorous book from Waterside Press although those with no sense of humour should steer clear of it. The author is the actor Arthur Bostrom who appeared as Officer Crabtree in eight series of 'Allo 'Allo! (which is still repeated in the UK and sold to 80 countries worldwide) and he also appeared in the stage version- there is staying power for you!
The book is based on one of the favourite characters from BBC TV sitcom 'Allo 'Allo! – to some a highly questionable "comedy" but beloved by many others. It's a delightful book demonstrating Officer Crabtree's masterly grasp of "Fronch" which falls under the spotlight as never before.
I have taken some of the published comments from the press publicity so as not to give you too many spoilers: 'Ploose may I hov a kippy of the dooly nosepooper?' to 'frigs logs', 'scrimbled oggs' and 'fosh and chops' the book is a tribute to mangled words and phrases. Bostrom's character as Officer Crabtree on stage and screen, mixes vowels and pronunciation trying to educate those less gifted in the French longwodge. And will be a delight to those who are studying French and don't like it!
The book has been brilliantly illustrated by John Cooper. It is rightly described as "ideal for travellers and fans of 'Allo 'Allo! alike"!
"Good Moaning France!" has also been ambitiously described as a wake-up call for anyone who thinks they are competent in French (or English or any other language). Be careful if it is confiscated after Brexit on your port of entry to France!
Readers' questions are readily answered (if not accurately) in "Ask Crabtree". There are useful examples from Crabtree's poloce newtberks and a most unhelpful Undex but do be careful if using this book in Paris.
In an unforgettable Foreword, the musician Rick Wakeman recalls how "he fell off his chair laughing on seeing the character created by screenwriters", the late David Croft and the late Jeremy Lloyd at the start of the second series. The book has been published by permission of the original writers and developers of the storyline.
The book was published on 24th October 2018.
by Tim Kevan
PUPILLAGE DAYS REDISCOVERED
For many of us, pupillage is probably something we prefer to forget. Mine was certainly rather different from what takes place today- the Bar Council will be relieved to hear! But, if you are contemplating pupillage, then this book from Tim Kevan is for you even though it is a rather whimsical approach to the drudgery of the training.
"It is BabyBarista's first day as a pupil barrister", says the author. "He has just one year to win, by foul means or fair, the sought-after prize of a tenancy in chambers. Competition is fierce: there's TopFirst, who has a prize-winning CV and an ego to match; BusyBody, a human whirlwind on a husband hunt; and wide-eyed Worrier, buckling under the weight of the world". And so, the mixture of characters are introduced and we all recognise them!
Kevan continues with this backdrop (no spoilers here) "armed with a copy of Sun Tzu's "The Art of War", BabyBarista launches a no-holds barred fight to the death of double-dealing, dirty tricks and a healthy dose of back-stabbing". Ah! All the memories come flooding back!
As the publishers comment, this book is "part Rumpole, part Flashman". The story unfolds as BabyBarista "opens a window onto the Machiavellian and frequently absurd ways of working life". And you, too, can follow BabyBarista's adventures on The BabyBarista Blog- if you have the time, which I doubt. But that is for post-pupillage. Thank you, Tim, for an excellent read during the quieter hours of practice - in other words, hanging around at court waiting for your case to come on!
The book was published on 2nd August 2010.
by Pauline M Callow
A MOST USEFUL REFERENCE POINT FOR POLICE, THE PROSECUTION, THE DEFENCE AND LEGAL ADVISERS
The proven excellence of this title from Wildy, Simmonds and Hill Publishing is shown by the need for a reprint in 2017 of the third edition which appeared in 2015. Case law is always "moving forward" as the current expression runs so Pauline Callow has included 75 new cases for this edition summarising drink and drug driving cases since 1984.
As the author says, "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."
The case summaries cover a large number of cases on drink driving, and 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 UK Supreme Court.
In fact, over six hundred judgments are summarized giving us the bulk of the case law. 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. Callow intends the notes to provide a broad outline of the trends in the case law and as starting points for readers seeking guidance on particular issues which is the essence of the book.
The third edition for 2015 covers notes of some seventy-five cases decided since the second edition was published and all advocates will find the work of tremendous assistance in court. Callow says that "the 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".
The so-called "statutory option" has gone so 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", says Callow. 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 Pauline Callow.
The book was published on 29th June 2015.
by Nadine Strossen-
PROTECTING FREE SPEECH IN 21st CENTURY: HATE CRIMES ARE RISING TO THE TOP OF THE POLITICAL AGENDA IN 2018
We suspect that the title "Hate" is slightly misleading for some readers because of the rise of "hate" criminality in 2018 which continues to dominate the political agenda. The issue of censorship remains high on the political and legal agendas where no reforming change seems to be in the wind in the free speech versus privacy argument.
Therefore, it's a most useful exercise to read this new book about "hate" from author, Professor Nadine Strossen, who successfully "dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech." We do not know whether she actually does this or not because the matter remains high on the active list of things we "must do" although not agreement which way to go is clear with strong feelings on both sides.
This title come from the United States of America jurisdiction where Strossen illustrates her main point: that the First Amendment approach promotes free speech and democracy, equality, and societal harmony.
It is said that we hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Yet, it still causes massive upheaval and anger for many accused of behaving in such a manner! Such is life.
So, this being an American edition from Oxford University Press, the author says that US law permits the government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm.
It's unfortunate, then, that whilst the government may not punish such speech solely because its message is "disfavoured, disturbing, or vaguely feared" raising a view that it possibly contributes to some future harm. As the author says, when US officials "formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy." Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." This book tries to gives some balance at a time of change.
"Hate speech" censorship proponents point out that the potential harms such speech might further include discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries to date.
Citing evidence from many countries, the writer shows that "hate speech" laws are "at best ineffective and at worst counterproductive". Strossen concludes that their "inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers".
Therefore, prominent social justice advocates in America and elsewhere contend that the best way to resist hate and promote equality "is not censorship, but rather, vigorous "counterspeech" and activism". A fair point in that this approach seems the most practical, at least for the time being.
The book was published on 1st May 2018.
by Sarah Langford
IT'S ACTUALLY ABOUT HOW A DEFENCE TO AN ACTION IS MOUNTED TODAY: SADLY, ANOTHER BOOK ABOUT OUR BROKEN LEGAL SYSTEM WITH THE RULE OF LAW UNDER THREAT
This book is actually written in our defence! A lot of people are worried about the broken legal system, so we have another law book on the shelves, and those shelves are getting quite packed with the mounting frustrations of the lawyers about the rule of law. Sadly, "In Your Defence" by Sarah Langford illustrates a worsening of the criminal justice process at a bad time for a maintenance of the rule of law.
To a new readership, Sarah Langford is a barrister-at-law who is an advocate in criminal cases. She describes her job as "is to stand in court representing the mad and the bad, the vulnerable, the heartbroken and the hopeful". Actually, also the innocent, we hope. Langford continues, saying that "she must become their voice: weave their story around the black and white of the law and tell it to the courtroom". And all within unnecessarily complex procedural rules and directions, incomprehensible to many, and for bad pay.
Much of this book is about stories which don't "make headlines but they will change the lives of ordinary people in extraordinary ways" – that being our job as criminal advocates. And Langford adds that "they are stories which, but for a twist of luck, might have been yours", which is somewhat ominous. So, what do barristers do? The author says that "to work at the Bar is to enter a world shrouded by strange clothing, archaic rituals and inaccessible language". Yes, sometimes called tradition. She then goes on to pose these questions, making the book even more thought-provoking and readable for a lay audience: how does it feel to be an instrument of such an unknowable system, and what does it mean to be at its mercy?
Good questions, but is the English legal system one that promises us justice, impartiality and fair judgement under the rule of law? For Langford, she does a good attempt at uncovering the mess that is criminal justice in 2018 with further questioning of whether the system delivers what we require for a more literate and well-developed society. This book delivers, "with remarkable candour", a description of eleven cases which reveal what happens in the criminal and family courts. And it is so sad to have to report that we agree with Sarah Langford's judgment. She tells us how she feels "as she defends the person standing in the dock"- not something we would wish to do! And she relates compelling contemporary stories covering what we do: "domestic fall out, everyday burglary, sexual indiscretion, and children caught up in the law". We realise that these are "sometimes shocking and often heart-stopping" proceedings which, in the past very few people really knew much about. Today it's different. There is a conclusion to "In Your Defence" because, by showing us where we are with the criminal justice system today, Langford explains to us how "our attitudes and actions can shape not only the outcome of a case, but the legal system itself". Whether the book succeeds by asking us to consider, in our increasingly polarized world, what is truth and what is justice is for the individual reader. But, this is one book of a series by different authors, highlighting the mounting chaos of modern justice with the rule of law under threat, even from its traditional roots… and alas, it is all about money.
The book was published on 28th June 2018.
by Professor Hugh Beale
A CORNERSTONE WORK OF REFERENCE ON A CORE SUBJECT OF THE LAW, NOW IN A NEW 33rd EDITION
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, The Barrister
The first edition of 'Chitty on Contracts', by Sir Joseph Chitty, came out in 1826 - and how the world has changed since. There are, however, a few things that haven't, one of them being the fact that matters pertaining to contracts are the core of the law, bearing in mind that fundamentally a contract is, or is meant to be, an agreement. But what a publishing pedigree has Chitty. For 192 years, Chitty has, with almost unassailable authority, met the need on the part of lawyers for concise and insightful commentary on this often complex and relentlessly evolving area of law. It is interesting to reflect that in only seven years' time Chitty will be embarking on its third century while remaining consistently up to date.
And now, the new Chitty has arrived in its pristine new thirty-third edition published by Sweet and Maxwell/Thomson Reuters. It comes in two volumes, the first of which you can purchase separately, it being the General Principles text in which you will find virtually every conceivable aspect of English contract law covered, from agreement to damages and restitution.
Volume II, although entitled 'Specific Contracts', kicks off with an extensive yet precise explanation of the terms 'agency' - and of course 'agent' - as you're likely to find anywhere. It undoubtedly serves to clear up the understandable confusion as to what an 'agent' is and does — and whether (or not) the principles of agency law are extended to those who may be referred to as 'agents' in common speech.
Here, (as is typical of these two volumes) the interweaving of theoretical discourse and practical advice is of obvious advantage to practitioners and scholars alike. Most, indeed all, practitioners would agree that of all the works of reference in the Sweet & Maxwell Common Law Library, Chitty is the most important. To call it a 'cornerstone' work is probably an understatement when considering the importance of this core subject which is subject to change in so many areas year on year. It is not overstating the case then, to say that this new edition of Chitty with its extensive updates is, or should be, considered essential reading for practitioners. This new edition does reflect the numerous changes that have taken place in this area of law since the previous edition of 2015. The most important and frankly earth-shattering development is obviously Brexit and in the first chapter there is certainly a terse summary on that, including its present and possible future effects on contract law. The editorial position until 'exit day' however, is that the UK is still a member of the European Union and that the status of EU law in the UK remains the same…. 'until the UK leaves the EU.' This new edition of course contains much additional new material, with at least five chapters having been expanded or re-written. To cite only a few examples, Chapter 2 has been extended to deal with liability 'when negotiations do not produce a contract'.
Chapter 35 on Carriage by Air contains a new section on denied boarding, cancellations and long delays. This last no doubt delivers the definitive word on such annoyances. Worth noting is the commentary in respect of specific contacts pertaining to package travel, payment services and mortgages. 'New cases,' say the editors 'have brought some very significant developments.'
Scholarly, erudite, readable, logically organised and current, this two-volume work provides hundreds (one loses count) of pages of research references, including extensive tables of statutes, statutory instruments, European legislation, international statutory material, cases — and European cases. An essential acquisition for all law libraries, there is little doubt that this thirty-third edition of Chitty will give individual practitioners that all-important professional edge. The date of publication is cited as at 31st October 2018.
by Clive Harfield
'THE POLICE HUNTER/GATHERER'S TOOLKIT': A PRACTICAL GUIDE TO A COMPLEX AND OFTEN CONTROVERSIAL AREA OF THE LAW
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor
The fact that this is the fifth and latest edition of 'Covert Investigation' from the Oxford University Press is a testament to the book's enduring popularity and above all, its usefulness and the special insights it provides into the diverse legal, ethical and moral issues inherent in implementing police intelligence techniques. Of particular interest to practitioners and police is the Foreword by John Grieve, former Deputy Assistant Commissioner of the Metropolitan Police Service. He will be best remembered for his trenchant and rueful comment on what he termed 'institutional racism' in the Police Service in the wake of the Stephen Lawrence enquiry some—-years ago. Known for his clear-eyed objectivity, he commends this book as a 'rare and valuable example of its kind.' Referring to the extreme pressures and almost impossible expectations placed upon the shoulders of investigators and their supervisors — politically, financially and legally — often via the media, Grieve adds that covert investigation, whether in the "real" physical world, or online is 'one area of policing of widespread democratic concern and this book contains blueprints of the best ways of how to act.' Yes, the very concept and the operational methods of "covert" investigation present some tricky dilemmas. Moral and ethical considerations loom large, sometimes even larger than statutory requirements.
Then, there are the often-spurious demands of individuals for individual privacy.
Here, the authors, Clive Harfield and Karen Harfield, put forward the view that when a crime is suspected, 'the moral rights of the community (of which individual victims/potential victims form a part) to be protected from serious crime, or have such a crime investigated and prosecuted as fully as possible must, in the circumstances, outweigh a suspected individual's moral right to privacy.' Of special interest to legal practitioners is Grieve's observation that the book maps 'the legal minefield that the legislation creates for police decision makers' in that it 'explains the processes by which certain traps intended to undermine the investigators and prosecutor's case can be avoided.' 'This,' he says 'is 'a remarkable addition to the police hunter/gatherer's toolkit' and — one might add — an essential addition to the professional library of the well-informed practitioner.
The date of publication is cited as at 12th September 2018
by Bird Roger
DOMESTIC VIOLENCE: "THE PROBLEM IS NOT GETTING ANY BETTER" SAYS ROGER BIRD – HE IS RIGHT – SO READ THE SEVENTH EDITION NOW
For many practitioners in Family Law, the matter of domestic violence remains centre stage in 2018 without the reforms we urgently need to be applied to the issue instead of all the tinkering at the procedural edges.
We welcome the new seventh edition of "Domestic Violence: Law and Practice" by Roger Bird published by LexisNexis Family Law. The single most useful addition to this edition is where Bird has added most useful new information on Practice Direction 12J in the main work and in the Annex. At the very least it does help both the unrepresented party and the adviser keep up to date whilst we wait, and wait, for the promised reforms.
This seventh edition has been thoroughly revised with recent case-law authorities thus saving us a lot of time as practitioners looking up "Family Law" (another excellent LexisNexis service for us.
What we found most helpful for 2018 was the careful analysis of current procedural developments in a clear format for the uninitiated. Bird's purpose is to give us an up-to-date short account of the remedies available now, and what will be available soon.
The title is particularly aimed at the family law practitioner whether one is a lawyer, an advice worker or a public official. It will also be of great support to those at Citizens' Advice and to women's rights groups involved in personal protection, harassment and domestic abuse and we hope the book will be widely available in their offices and in public reference libraries.
Family practitioners owe a great debt of gratitude to the Family Law imprint of LexisNexis for taking over the original works from Jordans in Bristol who continue to provide us with much needed practical information at a time of much needed change.
It is sad to report that what Bird says remain true- the problem is not getting any better. "What is clear", he says, "is that while there is a continuing effort to deal with the scourge of domestic abuse, the fact that the source of the problem lies deep in human nature makes this a Sisyphean task.". He also harks back to what he calls the "ill-fated" Family Law Act 1996. Let us be clear where the blame lies for the failures to deal with this form of abuse properly: Parliament and the political parties.
There is a glimmer is light however with this final observation from the author: "Judges and rule-makers do their best to ensure that courts and law enforcement agencies are continuously aware of the scale of the problem." Frankly, Parliament isn't properly aware of the extent of domestic abuse in our society today, but we have Roger Bird's revised text as the best current help available. Thank you for continuing to give us this excellent assistance.
The law is as stated in June 2018 and the book was published on 25th July 2018.
A BOOK FOR OUR TIME: FRESH AND ERUDITE DISCUSSION ON THE EU'S MARKET ABUSE REGULATION
Balanced against the myriad advantages of a free market economy, there are inevitably, a number of downsides, most or all of which come under the category of market abuse. Within this bleak landscape, the need for Market Abuse Regulation (yes, it's capitalized) looms large.
If you are in any way involved in matters pertaining to financial services specifically within the EU, this new practitioners' text from the Oxford University Press is what you need -- the subject matter being more than a little complex.
Offering an interesting historical perspective at the outset of the discussion, the two editors, Marco Ventoruzzo and Sebastian Mock point out that the regulation of market abuse has a long history in the European Union, dating back to the 1960s, following on, you might say, from initial efforts in the US to impose regulation against 'insider trading' as the result of the 1929 stock market crash.
In Europe, a number of directives were launched from the 60s onward, aimed at curbing market abuse, notably the Market Abuse Directive (MAD) which has now been replaced by a regulation (as opposed to a directive), namely the Market Abuse Regulation (MAR) around which the discussion by this book's expert contributors ultimately revolves.
MAR, as the editors explain, is 'one of the centrepieces of the new Capital Market Union (CMU) of the European Union', with far-reaching significance for law practice and research. The hoped-for outcome is that it may lower the barriers which too often separate jurists from different countries within the EU.
Whether this development will smooth the path to eventual harmonisation of EU law remains to be seen, although the editors, together with their several contributors, support the view that 'continental Europe now speaks a common legal language' in the area of market abuse. This in their opinion, is 'a major step forward toward a more uniform legal framework.'
Market abuse manifests itself in various ways, the most pervasive of which are discussed in this book. The annotated guide section (A) deals in detail with, for example, insider dealing and market manipulation, examining basic concepts as well as possible remedies available within public and private enforcement of the Market Abuse Regulation.
In the second section (B), the book's expert contributors come into their own, offering a number of viewpoints on market abuse. Particularly interesting are the sub-sections on insider information, including unlawful disclosure. Another section deals in detail with the ESMA (European Securities and Markets Authority) and the various issues involved in whistle-blowing mechanisms and the whistleblowers themselves. Very topical this.
International in orientation, the book nonetheless appears not to have mentioned Brexit. It can't be too far-fetched to conclude that as far as the contributors are concerned, Britain's planned exit from the EU is probably an irrelevance. Considering London's international pre-eminence in financial services, this is not a terribly comfortable assumption
Financial services practitioners, however, will be interested in acquiring this book, with its range of perspectives on regulation in general and the EU Market Abuse Regulation in particular. Researchers from a range of professions will certainly appreciate the wealth of research references offered throughout, especially in the extensive footnoting and in the tables of cases and of legislation.
The law is stated as at 1 September 2017.
by Edited By David Perry
TAMING 'THE PROTEUS OF THE LEGAL WORLD' 'MILLER ON CONTEMPT OF COURT' IS OUT NOW IN A NEW FOURTH EDITION
'A daunting, if not confusing area of the law,' is the trenchant comment on contempt of court offered by David Perry QC, who so ably edits the new edition of this widely cited and highly regarded legal text, published recently by Oxford University Press.
In the seventeen years since the third edition by Professor C. John Miller, 'there have been significant developments,' says Perry, 'both substantively and procedurally' in this challenging area of law referred at least twice in this text as the 'Proteus of the legal world' -- in the words of John Moskovitz -- 'assuming an almost infinite variety of forms.'
The 'forms' in which contempt of court manifests itself are as varied and infinite as circumstances and human ingenuity will allow, compounded by the almost infinite capacity for human disobedience, specifically of court orders.
By its very nature, contempt of court can -- and does -- generate any number of juicy stories gleefully gobbled up by voracious media, hence the observation by Miller in his preface to the third edition, that 'it is now unusual for a week to pass without some aspect of contempt appearing in the law reports and indeed in the daily news.'
Eighteen years later little has changed, with one huge exception: that such narratives can now go viral, accessible to billions worldwide. 'Every practitioner has a story to tell,' says David Perry 'of all kinds of instances of contempt of court,' from cavalier or disruptive behaviour, to actual breaches of court orders. He further points out that the Civil Procedure Rules and Criminal Procedure Rules have brought welcome clarity to what has been 'a procedural maze containing many pitfalls for the unwary'.
With its logical structure and accessible plain-speaking style, this book provides a wealth of advice and guidance on this vexed subject from a team of over a dozen expert practitioners on the ways and means by which such pitfalls may be avoided or adroitly dealt with.
Beginning with the introductory chapter which places contempt of court in its historical context, the book goes on to deal, for example, with the distinction between criminal and civil contempt, as well as civil proceedings and proceedings in tribunals. Of particular interest is the chapter on the victimization of jurors, witnesses and other persons after the conclusion of court proceedings. The final chapter on civil contempt of court covers disobedience of court orders which relate to a payment of money and others which do not.
There is much more besides. It is fair to say that the book deals with every imaginable issue relating to contempt of court supported by reference to specific cases. To cite just one example out of hundreds, note the 1989 case of a young woman sentenced to seven days' imprisonment for refusing to give evidence against a former boyfriend charged with assaulting her. The decision was quashed by the Court of Appeal, satisfied that she had been subjected to serious threats and that the judge had conduced the trial unfairly. The point is made, however, that 'duress can be available as a "defence" to contempt only in exceptional circumstances'.
If ever there was a legal text essential to a practitioner's library, it's this one. Extensively footnoted, it contains almost sixty pages of cases, two appendices and a twenty-page index. It is fortunate for busy practitioners grappling with contempt of court issues that this new edition from the Oxford University Press is out now.
The publication date is cited as at 21st December 2017.
GLOBAL ISSUES, GLOBAL ANSWERS ON INTELLECTUAL PROPERTY FROM THE OXFORD UNIVERSITY PRESS
The importance of intellectual property to the global economy, as well as to individual nations is incalculable – unless you want to do the complicated maths – and that would involve you in very large numbers.
It is easier to say that the importance of IP as an area of law cannot be underestimated. And if proof were needed, it can be found here more or less in this new handbook published recently by the Oxford University Press.
This hefty but handy volume is a compendium of thirty-four learned essays and articles from more than as many international contributors from a range of jurisdictions worldwide. Each offers expert commentary on specific aspects of IP under the editorship of Rochelle Dreyfuss and Justine Pila who hail respectively, from New York University and the University of Oxford.
Speaking of the monetary value of IP, the editors offer up some interesting statistics from the UK Intellectual Property Office. For example, in 2011, 'UK business invested £126.8 billion in knowledge assets comparted with £88 billion in tangible assets.' Approximately 50 per cent of all this was protected by intellectual property rights. Additional figures follow which relate to the UK alone, but you get the idea.
As emphasized by the editors, IP laws 'seek to stimulate economic growth' and encourage 'freedom of expression, culture and democracy.' Well, absolutely -- and one is tempted to add that said laws are also out there to protect the hard work of creative of individuals from unscrupulous copyists out to profit from stealing other people's ideas.
The publication of this Handbook is thus a welcome event, offering as it does, an historic as well as global perspective on Intellectual Property which does much to reveal its scope and significance, as well as the ways in which it can vary under different legal systems.
Take as just one example, the article by Michaly Ficsor entitled 'Intellectual Property Law in Central and Eastern Europe.' Through the lens of recent history, this essay compares, more or less, the concept of intellectual property in the so-called 'capitalist countries' with the ways and means that creative endeavour was protected in Eastern Europe during the Soviet period.
'There's a direct quotation here from Karl Marx's 'Manifesto of the Communist Party' which says it all. 'The theory of Communism,' says Marx, 'maybe summed up in the single sentence: Abolition of Private Property.'
Even after the break-up of the Soviet Union, there apparently remained a reluctance, mainly on the part of 'professors and researchers' to use the word 'property', preferring instead to refer to intellectual property law as 'the law of intellectual creations.' As a former Assistant Director General of the WIPO, Ficsor explains that 'they didn't want to recognize that their arguments had become outdated.'
Interestingly, the book also contains articles covering the emergence and development of IP in other areas, from Western Europe, the US, Canada, Australia and New Zealand to Asia, Africa, South America and more. Plus, there is so much more besides, including treatises on IP and the Internet and on climate change.
It must be said that the editors of this Handbook have achieved their stated aim -- consistent with the other volumes in the Oxford Handbook Series -- namely 'to provide a detailed entree to the field.' This remarkably wide-ranging survey will certainly be of interest not merely to practitioners and academics, but to a much wider readership in industry and government worldwide.
The publication date is cited as at 19th June 2018.
by Ruth; Flowers, Victoria; Pierrot, Eirwen; Rao, Anita; O'Leary, Barry; Odze, Lillian Cabeza
THE DIFFICULT AND CONTROVERSIAL SUBJECT OF SURROGACY: LAW, PROCEDURE AND POLICY BRILLIANTLY EXPLAINED
Surrogacy: the very word engenders all kinds of comments, questions and uncertainties, making this area of family law both challenging and fascinating, particularly as the issues that often emerge in surrogacy arrangements extend across a wide range of legal and other professional disciplines.
Despite its challenges, surrogacy has become -- in the opinions expressed in this excellent and authoritative legal text -- 'a significant alternative to family planning' as, for several reasons, opportunities for adoption continue to dwindle.
Recently published by LexisNexis in the Family Law series, the book presents practitioners with a thorough, judicious, carefully researched, and clearly written examination of the law, procedure and policy relating to assisted reproduction (AR) and surrogacy. In so doing, it answers a lot of the questions that commonly arise.
What exactly is surrogacy? When and where is it legal? When and where is it not? Queries like these obviously top the list, which is a long one, especially for lawyers asked to advise clients planning to embark on a surrogacy arrangement.
Predictably, there are no simple answers, as surrogacy and/or assisted reproduction take several different forms in different circumstances. But broadly, as defined by co-author Ruth Cabeza, surrogacy involves conception with the intention that 'the woman who carries and gives birth to the child will not be the child's mother.'
Reference is made here to the ghastliness of Margaret Atwood's 1986 novel, 'The Handmaid's Tale', the horrors of which can now be avoided (or can they?) as assisted reproduction via IVF becomes increasingly common, so that surrogates can 'successfully conceive without even meeting the biological father.' The danger here is that a totalitarian state could introduce an element of compulsion into any aspect of reproduction.
In the UK, 'altruistic' and 'compensated' surrogacy is legal. Commercial surrogacy usually arranged through a profit-making organisation is not. There appears to be a fine line of demarcation between these arrangements though, of which lawyers should be aware. This intrinsic difficulty is discussed in detail in this book.
Certainly, the aim of the authors, all experts in this field, has been 'to bring together in one place, all the information that a surrogate or intended parent would need to understand before embarking on a surrogacy arrangement in the UK….' The intention here is to ensure that 'the relationship between the intended parents and the child will be recognized for the purposes of English law.' To this end, the current legal framework in the UK receives a comprehensive, thorough yet concise examination.
Writing in the Foreword, Theis J commends the book as 'a very valuable contribution to this area of law for both lawyers and those who are considering entering into these arrangements.'
Lawyers especially, will appreciate the book's humane and sensible approach, its logical structure and its research references, including the tables of cases, statutes, statutory instruments and the five appendices. As a convenient new source of information and advice on a sensitive and controversial subject, this book will prove invaluable.
The date of publication is cited as at 22nd March 2018.
HIGH LEVEL CONCEPTUAL AND THEMATIC STATEMENTS ACROSS OUR LEGAL HISTORY: A NEW HANDBOOK FROM OXFORD UNIVERSITY PRESS An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, "The Barrister"
Sadly, the study of legal history remains ignored in many teaching circles because it is seen as boring. Not so, and we are delighted to read this new handbook from Oxford University Press.
It's concise, detailed and has the benefit of fifty-nine main contributions which attempt what many may consider the impossible: a complete analysis of our legal history in just over one thousand pages.
The editors, Markus D Dubber and Christopher Tomlins, describe the purpose of their compilation, stating that "some of the most exciting and innovative legal scholarship has been driven by historical curiosity".
We would add that, quite often, the history of law has been given insufficient emphasis in the past except when one studies areas such as land law which has always been the cornerstone of legal dispute in so many jurisdictions.
Dubber and Tomlins view legal history today by what they call it as a "fascinating array of shapes and sizes, from microhistory to global intellectual history". So, the breadth of research can be a rather tall order.
"Legal history", they comment, "has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation". Thus, the title justifies our somewhat controversial view of the rising importance of legal history in 21st century.
This handbook is based on scholarship from across the world. The learned contributors offer a variety of methodological approaches from their own areas of expertise and their own research agendas. It's rightly described as "a timely compendium" which evaluates legal history and methodology anew adding high academic commentary on the various modes of the historical analysis of law, past, present, and future.
The handbook is divided into five parts. Part I looks at the relationship between legal history and its related historical perspectives from economic, philosophical, sociological and comparative studies, to literary, and rhetorical approaches.
In Part II, the contributors consider various approaches to legal history which we feel research students will find highly informative. Part III goes on to focus upon "the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought". In other words, what might be considered suitable aspects of the philosophy of law.
Part IV considers the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. To conclude, Part V offers a clear focus on the exploration of several examples of legal history over the years, plus how it can be used in various legal doctrinal contexts (always a bit of a risk!).
We thought, when reading this work, that the contributors had sought to climb a particularly high hill with their subject matter. Unlike Sisyphus, however, the team have completed their trip around legal history brilliantly and, to use a phrase, have thankfully left no stone unturned. Thank you for this splendid, detailed and varied research.
The publication date is cited as at 23rd October 2018.
by Alexander Somek
A NEW LOOK AT THE LEADING ASPECT OF MODERN JURISPRUDENCE FROM PROFESSOR SOMEK
It's always useful to see a new book which might just help undergraduates understand the complexities of jurisprudence and legal theory.
The subject remains disliked by so many law students as they see it as "political", and "difficult" to understand complete with all the theorems and names of leading jurisprudents unknown outside our world of philosophy and law… plus the strange (to some) concepts of Hart and Dworkin!
So, what is this one all about? Professor Alexander Somek states that "legal theory ought to explain why and how the law matters to our lives" whilst he admits that there is "an element of the Marxist critique of law". He also writes that a "new beginning is needed". "But", he says, "where would one go when both legal and positivism and natural law theory drop out of the picture"?
Step forward, then, a new name: Alexander Somek. He bases his work on a return to what he calls "the broader theoretical perspective from which modern legal positivism originated in the early work of Hans Kelsen, namely, constructivism".
This seminal work on what Somek entitles "The Legal Relation" "does not adopt any particular thinker". As a new "thinker", Somek covers legal theory after legal positivism with a most realistic overview of what we mean by a system of norms.
There are six short chapters in total with an introduction and an epilogue in under 200 readable pages. And the author does remain faithful to what he calls "the original constructivist ethos of modern legal positivism".
Provocatively, Somek posits the old, old question - what is law? He replies with this comment: "the usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another".
He goes on to compound his theory: "we do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight".
One important point, Somek says, is that "in a legal context, we are cast as "character masks" ( from Marx), for example, as "buyer" and "seller" or "landlord" and "tenant"". The conclusion is that we expect to have our claims respected simply because the law has given us rights.
We found the emphasis on "Marx as a jurisprudent" to be quite helpful with the resurgence of this man's frightening legacy on the development of human society in so many countries as such an obvious mechanism to create dictatorships.
Somek concludes that we don't want to give any other reason for our behaviour other than "the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers (us) a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism".
The book was published on 30th November 2017. We suggest it will be a huge benefit to those students of jurisprudence who seek a higher level of research for their final degree classification.
by David Scott
IMPORTANT MODERN SUBMISSIONS ON WHY SOCIETY NEEDS TO RETHINK ITS CONCEPT OF INCARCERATION FOR BAD PEOPLE
The aimless drifting continues with a mismatched penal policy "not fit for purpose" as the decades roll by and we still have no proper answers to what to do whilst costs rise: so, read this new collection "Against Imprisonment" carefully.
Waterside Press are to be congratulated on the development of their increasing portfolio of books on applied criminology with this recent collection of essays against custody which appeals to a general readership as well as to the academic researcher.
David Scott has brought together a collection of writings which are the fruits of his work teaching criminology during the last 20 years. His book, "Against Imprisonment", includes topics such as 'The Changing Face of the Prison', justifications of punishment, prison violence and the shortcomings of prisons, and mega-prisons: all very current and explosive political issues at the top of the Justice Secretary's agenda.
The theme which comes across is strongly against "the current political obsession with increasing incarceration" so Scott's collection of essays is another justified "wake-up call for all those who feel the use of imprisonment is failing to achieve a reduction in crime". Alas, more words with very little reform on the immediate horizon. However, the general approach of the title is highly commended as it succeeds in raising the status of the main contention on the political agenda. And that is amid the misconception that "prison works" because it doesn't and is a fake policy appealing to base instincts.
We are grateful to Professor Emma Bell who sums the book up with these important words which are worth restating:
"Scott systematically dismantles widely-accepted justifications for punishment on ethical, political, philosophical and practical grounds, forcefully demonstrating that the only clear purpose of imprisonment is the infliction of pain and suffering on all those who come into contact with the prison place, whether as detainees or staff. He provides us with fascinating glimpses… into what he describes as "modern-day cathedrals of pain". Turning the utopian myth that "prison works" on its head, he invites us to imagine "real utopian" non-penal alternatives to punishment that respect human dignity and deliver genuine social justice".
We found that this thought-provoking collection gave us a compelling analysis of current failings of the concept of imprisonment which should be compulsory reading for those working in the Ministry of Justice.
It offers a new light on one of society's most pressing topics but with no obvious remedy… yet! This is probably because of the concept of rehabilitation is perceived as a "weak" response to disciplining the recidivist. Sadly, although the time for a new approach is urgent there is no immediate likelihood of any breakthrough.
Scott's nine chapters explains why prisons do not work for most offenders. Nothing much has changed for many generations but do not go away without some hope that change is on the way because "Against Imprisonment" is the forerunner of massive change later this century, so it's just the beginning and not the close of the debate.
The book was published on 28th February 2018.
LINKING LAW WITH SOCIAL WORK PRACTICE: A NEW LEGAL TEXT FOR PROFESSIONALS INVOLVED IN CHILD PROTECTION
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor, Head of Chambers and reviews editor of 'The Barrister'
Can there be any other area of law that is more sensitive, more concerning and more shocking than this one? 'A Child's Journey Through Contemporary Issues in Child Protection' –recently published by LexisNexis under the Family Law imprint– seeks to provide clear, succinct and authoritative commentary on this vexed subject, ably supported by research references.
HHJ Paul Lopez, who has written the foreword, remarks that 'anyone practising in the field of child protection needs an understanding of the legal framework upon which the issues of the case are to be determined and the social work practice that informs the decision-making process.' In linking the law with social work practice, this book provides a succinct, plain-speaking approach to the formidable challenges inherent in this area of law.
The first two chapters deal with the child protection process, the family justice system and issues pertaining to evidence in public law children cases. The chapters following – apart from neglect -- read like a litany of evils: domestic abuse… human trafficking… modern slavery… child sexual exploitation… forced marriage and honour-based violence… child radicalization… and the horror of female genital mutilation. Notice if you will, that by their very nature, most of these crimes are perpetrated against women and girls.
The UK's track record on the appalling crime of FGM is particularly worrying. Yes, it is a criminal offence, but no, there have been no convictions to date. It appears the process of prevention and safeguarding of potential victims is clouded by cultural sensitivities and language barriers; spurious and flimsy excuses to say the least, for inaction.
Usefully, the book refers to recent guidance from the Department of Health which reminds professionals that it must always be remembered that fears of being branded "racist" or "discriminatory" must never weaken the rightful determination of professionals to protect the vulnerable, especially those at risk of being subjected to FGM.
The book mentions that a tougher line on FGM has been taken in France where instances of this odious practice have apparently diminished. Recent legislation of 2015 fiercely entitled 'Zero Tolerance for Barbaric Cultural Practices' has been enacted in Canada.
Much of this excellent legal text is oriented toward social workers who need to be conversant with the law on child protection matters. Equally, the book will make lawyers more aware of the pressures faced by social workers who must contend with the often-intractable difficulties inherent in child protection.
Slender volume though it is, this is an important book. Published as part of the LexisNexis Family Law Library, it contains, a wealth of references for further research as well as an authoritative exposition of the relevant law. All professionals dealing with child protection issues should acquire a copy.
The date of publication is cited as at 10th December 2017.
by Nasreen Pearce
HOW TO CHANGE YOUR NAME – NOT AS EASY AS YOU THINK
'What's in a name?' queried Shakespeare's Juliet, appropriately quoted in this book. 'That which we call a rose by any other name would smell as sweet.'
Poor Juliet. As a love struck teenager, she clearly didn't know the half of it. Referring to the blood feud between two prominent families in renaissance Italy, (according to the story) the prospect, or the possibility of a name change at that time and in that place would have been remote to say the least.
Moving forward more than a few centuries, this well established legal text from Wildy, Simmonds and Hill explains in comprehensive and succinct fashion how to effect a change of name in modern Britain: England and Wales to be precise.
The fact that it has now emerged into a fourth edition is a testament to its authority and usefulness as a guide to the why's and wherefores of acquiring a change of name, so that, in the words of the publishers, the chosen name, 'is given legal recognition to identify the person concerned for all purposes.' This aim, as author Nasreen Pearce points out, is not necessarily an easy task.
The book is therefore intended as a simple, practical guide to the law and procedure involved in changing the name of a person, rather than a body corporate or a ship. There is however, a chapter on the requirements of certain professional bodies; architects, accountants and solicitors, for example.
The issues that predominate in name change, say, of a child, nonetheless extend across a broad range of legislation, including the Children Act 1989… the Adoption and Children Act 2002… The Human Fertilisation and Embryology Act 2008… and the impact of the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013.
Unlike previous editions, this new edition, fortunately, contains tables of cases, statutes, statutory instruments and international legislation as well as a detailed index. The appendices in the final section offer the necessary forms and precedents.
In short, the book is a handy and accessible source of advice and information on an area of law that all too often presents unexpected pitfalls, which is why no busy practitioner should be without it.
The date of publication is cited as at 5th April 2018.
by Alan Marsh
A COURAGEOUS STATEMENT ON POVERTY AT A TIME OF MUCH NEEDED CHANGE
Former Prime Minister, Gordon Brown, has offered a pithy statement on poverty in his Foreword to CPAG's new edition (the sixth) of "Poverty: The Facts". Both the book and Foreword are well worth reading whether you like Brown or not because it gives the reader some perspective on what we face today when child poverty is higher than in 1965 when CPAG was formed.
Brown writes that "Poverty: The Facts" should be a call to arms because "there is so much we can do". The list he produces is important for it covers all the main contemporary issues we face: protect children's benefits; invest in housing and childcare to reduce costs and help parents work; tackle low wages and insecure work; and boost productivity.
And Brown concludes that "above all, we need to treat child poverty as a national priority and produce a proper strategy to overcome it". These are, of course, aspirations but ones which can be achieved should the right political and economic climates be right.
This book has a wide appeal to politicians, lawyers, historians and sociologists and has been very well researched by Alan Marsh his colleagues Karen Barker, Carla Aytton, Morag Treanor and Moussa Haddad.
We read this eagerly awaited new edition of CPAG's flagship policy publication at a time of such change and indecision in the UK. CPAG have given us the clearest and most comprehensive picture of poverty in the UK today and it should be read by all MPs although, sadly, that won't happen.
It should shame many of us for not doing enough because we do tend to ignore this issue or put it on the back-burner.
With four million children now living in poverty in Britain, independent experts forecast that the figure is set to rise, so the significant progress made at the turn of the millennium to eliminate child poverty is being reversed. As Gordon Brown says, it is time for a "call to arms"… as he puts it.
Based on the latest official figures, "Poverty: the facts" looks at why UK child poverty rises and falls. And the title gives some answers to the following questions: what do we mean by poverty; how do we measure poverty; who is at risk of poverty; who is in poverty; how does the UK compare with other countries; and what can we do about it? This book has been written by leading academics and policy analysts. We feel that it is essential for anyone wanting to understand the policy and political debates around poverty, and is essential reading for academics, students, social workers, welfare rights workers, financial inclusion teams and the wider policy community.
Thank you, CPAG, for raising the profile rising child poverty at a time when it should be falling and the excuses evaporating.
The book was published on 12th October 2017.
by Tom Murtagh
A SOBER PIECE OF CRIMINOLOGICAL HISTORY WHICH WE WOULD ALL PREFER TO FORGET
Waterside Press are to be congratulated for the publication of this important work on "The Maze Prison" written by Tom Murtagh. It is a hidden story of chaos, anarchy and politics which can also describe centuries of conflict throughout Ireland.
Do start by reading the Foreword by Phillip Wheatley who comments that the work should be "compulsory reading for all those who play a role in ensuring that society remains cohesive and who are committed to defeating the threats posed by revolutionaries prepared to use violence to advance their cause". Very sober reading.
The book describes, for a new audience, how an establishment built to hold those involved in terrorism, atrocities, murder and allied crimes became a pawn in the partisan conflict that was Northern Ireland.
What then happened was a "breakdown of norms, values and control as the last of these shifted from Governors to Ministers, outside officials and even prisoners".
This was followed by the (often random) killing of prison officers and "countless allegations, denials and obfuscations, as Prison Rules came into conflict with claims to be treated as prisoners-of-war or be given Special Category status".
The book has been described rightly as "a social document par excellence". It is a stark slant on "The Troubles" and the "Peace Process" and the author "cuts through the propaganda and base politics to reveal the truth about the H-Blocks, hunger-strikes, escapes and power struggles".
Murtagh has conducted detailed research based upon actual records and personal accounts. He also challenges the myths and legends surrounding the history of the prison to give us a warning how easily a community can descend into what the author calls "anomie", and by that he means the specific criminological concept. The book remains a most useful statement on applied criminology for all undergraduates.
We do need more books like this because it is "an invaluable record" of "one of the most dangerous prisons in the world". Of course, the day may come when society can develop a new way of dealing with offenders once our approaches change, but that day remains a long way off but "The Maze Prison" reminds us of how not to do it.
The date of publication is cited as 20th February 2018.
by Stephen Sydenham, Colin Bickford-Smith
'GOOD FENCES MAKE GOOD NEIGHBOURS'? JUST READ 'PARTY WALLS' -- OUT NOW IN A NEW EDITION
Lawyers dealing in matters of real property and certainly those whose practice puts them within the precincts of the Technology and Construction Court will welcome this latest edition -- the fourth -- of 'Party Walls Law and Practice.'
Published by LexisNexis, it updates and expands upon a wide range of party wall issues, most of them problem areas – and provides examination and analysis of significant case law since the previous edition published eight years ago.
'This book,' as the three co-authors attest, 'attempts to explain the detailed workings of the Act,' namely the Party Wall etc Act 1996 which was brought into force on 1st July 1997, 'subject to transitional provisions.' We are reminded that the broad object of the Act is to 'set up machinery enabling the building owner to carry out works within the Scope of the Act.'
It is pointed out that the Act is not without flaws, ranging from inconsistencies to 'plain errors' due in part to its long legislative history which goes back, respectively to 1939 to 1894 to 1855 and a lot further back than that. It was the Great Fire of London of 1666 which prompted new legislation (of 1667) on party walls with the aim of ensuring that such widespread destruction would never happen again.
But as subsequent events have shown, legislation can only be partly successful in disaster prevention. Just what a party wall consists of can be a matter of controversy, closely argued and debated at length. Because party wall owners own the same wall, disputes between them in many a circumstance, can quickly become intractable. 'Man is a territorial animal,' as the authors point out 'and party walls demarcate the boundaries between adjoining territories.'
'Something there is that doesn't love a wall,' wrote New England poet Robert Frost, no doubt because matters of 'demarcation' do keep cropping up, especially when you have awkward neighbours, which no doubt he did. Fortunately for beleaguered property lawyers and their usually bewildered yet disputatious clients, help is at hand via this book. It is precise, authoritative and readable, which is a relief, considering the complexities of the subject.
Good thing therefore, that the book is easy to use, with a minutely detailed table of contents, useful index and five appendices which include the 1996 and 1939 legislation, a checklist of notices and fifteen precedents. Note too, the extensive tables of cases, statutes, statutory instruments and of European legislation.
In short, this book provides an invaluable guide to the law regulating the construction, repair and maintenance of party walls and the processes by which disputes might be resolved.
'Good fences make good neighbours,' wrote Robert Frost, (quoted in the preface) his pen dripping with irony as it implies quite the opposite -- which of course, offers all the more reason why architects and surveyors, as well as property lawyers, should make it their business to acquire this book.
The law is stated as at 1st November 2017 and the publication date is cited as at 14th November 2017.
by Daniel Costelloe
A MOST IMPORTANT STATEMENT ON THE VEXING SUBJECT OF NORMS FOR STUDENTS OF JURISPRUDENCE
Yes, this is not the easiest of titles and not the easiest of books to read. Therefore, this is not a book for the legal novice, but it remains impressive nonetheless. The first question posed in what is a thesis is: when is a norm peremptory? This is a matter which has troubled legal scholars and jurisprudents throughout the development of modern international law and its consequences, and will continue to do so for the foreseeable future.
In his book, Daniel Costelloe makes several highly interesting observations by using a scholastic examination of State practice and international materials. His view, we think, is that it is the legal consequences of a norm which distinguish it as "peremptory". Norms come in different forms for the jurisprudent: "legal norms" are defined as binding rules of conduct issued by the state authority which is the standard meaning for students. The point which is developed means that legal norms are "intended for the regulation of social relations" which is probably the best perspective on the concept.
Scholars suggest that legal norms determine the rights and duties of the subjects of legal relations. As is the case with the study of legal philosophies, we then consider "moral norms" which are the rules of morality that people ought to follow, possibly known as "natural law". An evolutionary explanation of the emergence of moral norms proceeds in various stages. The starting point is that one must give an account of how behaviour according to theses norms can arise, and what their consequences are.
The author's aim is to shed "new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity". Costelloe continues, stating that "unlike their substance or identification, the consequences of peremptory norms have remained under-studied". Not surprising as the concept of the "norm" is neither easy to teach or to understand for many students!
This book is the first specifically published on this topic as far as we know, and it will be essential reading for all scholars and practitioners of public international law. We remain very grateful to Cambridge University Press for publishing it to widen the debate as the image of international law changes.
The publication date for this edition is cited as at 31st October 2017.
by Antonios E Platsas
A THOUGHTFUL DISCUSSION ON LEGAL HARMONISATION: THE THEORY AND THE PRACTICALITY
Following at least a decade of economic and political upheavals, as well as culture shocks -- primarily Brexit -- 'is this the right time,' asks the author of this book 'for one to engage oneself with another legal harmonisation discussion?'
It's good thing that the author, Antonios E Platsas, answers himself in the affirmative, otherwise this book would never have been written. That, of course, would have been unfortunate, as this is a thoughtful, articulate and carefully researched exploration of an important, understandably difficult and perplexingly controversial subject.
The preface alone, by this well-known legal scholar is worth a read, as one or two of the opening remarks indicate revealingly that the seeds of disquiet about the European Union model and its 'democratic deficits' were already germinating at least ten years ago.
Recently published by Edward Elgar, the book focuses on the models and factors by which 'foreign harmonized legal norms' are -- or can be -- transposed and implemented into the 'domestic legal sphere.' The overall aim is, in the author's words, is 'to bring extra-national law into the national legal order' and to 'open up an academic discussion' of the ways and means by which theoretical models of harmonisation may, or might, become reality.
It is interesting to note in the author's acknowledgements, the many academic contributors who have assisted the author, with advice and insights. There are forty-four of them -- from top universities worldwide, from Oxford, Cambridge and the LSE to Ottawa, Wellington, Florence, Potsdam, Istanbul, Delhi, Athens and Tel Aviv, to name only a few. The author himself hails from the Higher School of Economics at the National Research University, Moscow.
Drawing upon an impressive array of international influences and opinions, the book argues that what is termed 'the harmonization thesis' suggests a pragmatic, rather than a dogmatic approach. The point is made that 'one cannot predict all potentialities through the presentation of theoretical models.' Nevertheless, the author's strictly analytical stance makes this book a valuable find for academics and those involved in the study of comparative law, especially from a theoretical viewpoint.
In one convenient volume, the author has provided an amazingly broad repository of references for researchers, from the extensive footnoting, to the bibliography of over thirty pages. Predictably, many of these references steer readers and researchers in the direction of human rights issues which obviously should form the core of any national legal system.
It is noteworthy that the book provides ample evidence of the sheer volume of treatises, learned articles and book-length studies of human rights that continue to be published on an industrial scale worldwide. It is a pity that these are apparently ignored by the numerous dictatorships which unfortunately outnumber democracies to which migrants in their millions (mentioned by the author) have yearned to escape. Perhaps this is a strong a case as any for the harmonisation of national legal systems, preferably in the direction of democratic values.
The publication date is cited as at 27th October 2017.
OH NO! ANOTHER AI BOOK HITS THE SHELVES! THIS TIME FROM CAMBRIDGE UNIVERSITY PRESS
The field of artificial intelligence (AI) and "the law" lie, as Kevin Ashley writes so eloquently in his introduction "on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based". A good start for the reader brushing up skills on recent developments in AI and analytics! We welcome this far-sighted new work on AI and legal analytics appearing, as it does, at just the right time for the new debate. Ashley continues his mission, stating that "new legal applications are beginning to appear" so these new tools are "designed to explain computational processes to non-programmers".
The book describes how these tools will change the way we practice law, "specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves". Readers can take it from the author that big changes are on the way, ad if we didn't probably know that already!
The legal applications themselves will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. We feel that anyone interested in how AI is changing the practice of law should read this illuminating work now before it is too late. And be prepared for many more books like this to appear in the next couple of years as the technological advances continue.
The publication date for this edition is cited as at 31st October 2017.
by Yoram Dinstein
A NEW SIXTH EDITION AS WAR REMAINS THE EVER-PRESENT MENACE FOR YET ANOTHER CENTURY
The changing face of warfare is discussed in detail in "War, Aggression and Self-Defence". The book originally appeared in 1988 and was last revised in 2010. The subject-matter is well covered in this new sixth edition from Yoram Dinstein at the Cambridge University Press. And it remains an indispensable guide with world events leading to "the sharpening of debates over several of the relevant topics".
The author states that "war has plagued homo sapiens since the dawn of recorded history and, at almost any particular moment in the annals of the species, it appears to be raging in at least a portion of the globe (frequently, in many places at one and the same time)". Although it is a reasonable observation to suggest that we also have "international armed conflicts" which are "short of war" so the title of the book caters for what can be called "outright states of war" although the issues remains similar. A great book for any member of the armed forces to read to gain a perspective on war.
Dinstein's mission is to cover what he calls "international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council".
We welcome this new and fully updated 6th edition which continues to focus on the "key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of 'robust' mandates of a peacekeeping force". So, it is very much a contemporary book for our world looking at what war is, how it starts and is there a twilight between war and peace.
The work is thought suitable for graduate and advanced level undergraduate students. The publishers describe it as a market-leading book which offers a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence although it has the attention to detail which some many similar books lack.
The issues of self-defence and collective security are well covered with substantial reference made to the work of the Security Council and the authorizations of "all necessary means" (viz. the use of force) given in response to "threats to the peace". For lawyers, Dinstein reviews the work of the General Assembly and the International Court of Justice in useful detail.
The final words can be left with Dinstein in his introduction where he writes about his purpose in providing us with the book. "There is also a need to address ever-growing dissensions in the legal literature concerning the scope of an armed attack, preemptive self-defence, foreign interventions in non-international armed conflicts, the definition of the crime of aggression, the extent of the powers and responsibilities of the Security Council, and manifold related subjects." That is exactly what you get and what you might be looking for in your researches. Thank you.
The publication date for this edition is cited as at 31st October 2017.
by James Wilson
A WONDERFUL BOOK FOR THE CRICKET ENTHUSIAST… AND SO VERY ENGLISH LIKE THE GAME!
Lord Denning once famously said 'in summertime village cricket is the delight of everyone'. It was in a case which author James Wilson suggests was brought by someone who clearly disagreed with him!
For lawyers, we have some big leading case law authorities, Bolton v Stone being the highlight for many coming from the law of tort. Many cases exemplify how the game of cricket sometimes fails to avoid the law. Wilson covers many situations common to lawyers and cricket-watchers including neighbours or passers-by who get hit by stray cricket balls, protesters who interrupt matches, players who get into fights or take drugs, and not a few involved with the game who sue each other for defamation.
"Court and Bowled" first appeared as a hardback 2014 with the subtitle "Tales of Cricket and the Law". The subtitle gives readers a flavour of its contents as they are great tales. He covers stories where cricket or cricketers have given "rise to a legal dispute", and there are more than one would think!
Do read the introduction entitled "cricket, justice and non-cricket" setting out a splendid short history of cricket as it appears in early law reports, including a curious case dating from 1598 which, apparently, contains the very first known use of the word "cricket". These gems appear regularly throughout this impressive text, as Lord Judge testifies. Wilson then turns to specific cases from Victorian times onwards and the heat is on.
We, as lawyers, know that some of these disputes have been of fundamental importance to the game itself. The famous decision in Bolton v Stone "affected village and indeed impromptu cricketers everywhere" says Wilson. He continues in this vein writing that if the Australian "Kerry Packer had lost his High Court action in 1978, his cricket revolution would have been over before a ball had been bowled". Some traditionalists would be quite happy with this, but modernization has marched on!
Other cases he cites raise issues which "go well beyond the boundary ropes" such as D'Oliveira's omission by England from a tour of South Africa which Wilson declares, "ended up being considered in the highest echelons of power in both countries" (governments) so the boundaries can be set very high and long sometimes.
All these stories and sagas illustrate matters common to both cricket matches and court cases, the author commenting that "behind the intrigue, entertainment and amusement of both there are real people and real human stories, with all the usual human emotions and fallibility".
Wilson updated the paperback in 2017, writing in his clear, accessible style, free of legal technicalities, and he includes the tragic death of Phillip Hughes, the perjury trial of Chris Cairns and the ball-tampering incident involving Faf du Plessis,
It is a lovely book for any cricket follower to own and read. We think it will be of interest not only to cricket fans or lawyers (as a present) yet indeed all who are interested "in tales of high (and low) human drama and great ethical, moral and legal dilemmas". And, of course, that is what cricket is all about… otherwise it just wouldn't be cricket, would it!
by Ursula Smartt - Media and Entertainment Law - Book
THE CLASSIC LEGAL TEXT FOR MEDIA PROFESSIONALS AND THEIR ADVISERS – NOW IN A NEW EDITION, WITH FOREWORD BY KEIR STARMER
It is not surprising that this thorough and thoroughly informative and entertaining legal text has now gone through three editions since the first one came out in 2011. In this relatively short space of time, the Internet has become the major media influence; ubiquitous, influential, international, almost universally accessible and unlike other media, almost completely unregulated.
'Internet law,' says author Ursula Smartt, 'is covered to a much greater extent in this (new third) edition with a stronger focus on "regulators" of the media, communications and advertising industries.' And – as Sir Keir Starmer QC, MP comments in the foreword --- 'the way we communicate has changed profoundly in the last decade… social media provides a new worldwide platform for everyone.'
Referring further to that massive sledgehammer-to-crack-a-nut called the Leveson Inquiry, Starmer declares that it 'shone a bright torch on murky practices,' specifically in the British press. Not as 'murky', one might add, as the lamentably irresponsible attitude on the part of what the same press has called the 'Internet giants' (we know who they are) 'with blood on their hands'. Following a spate of terrorist atrocities in London, this is fair comment when – in the name of free speech -- said internet giants consistently dream up inventive excuses for not taking down user-generated content which variously features hate campaigns, bomb-making instructions, death threats, graphic images of child abuse and a long list of other horrors.
As the author puts it, 'online communication is no longer constrained by legal boundaries.' The book's second and third chapters, for example, provide learned and informed comment on, respectively, media freedom and freedom of expression followed by an examination of technology and the media. The key questions cited are: 'how if at all, can social media be regulated in cyber space… and how far can freedom of expression be permitted on the internet?'
An interesting irony emerges here. From print to film and broadcast, the older media, including advertising, must necessarily abide by various forms and degrees of regulation, employing legal advisers – night lawyers and so forth – to help them do it. The internet, comparatively speaking, isn't regulated at all.
The book addresses these and a host of other issues pertaining to media law, from regulatory authorities, to confidentiality and privacy, to defamation, intellectual property, entertainment law and much, much more.
Published by Routledge, the book is aimed primarily at students, although its erudition and clarity of presentation, should attract a much wider readership. Each chapter contains key points, an overview and a section on recommended further reading. Key principles throughout are amply supported by reference to legislation and relevant cases, including a lot of famous ones involving celebrities. Also note the tables of cases, legislation, international instruments and treaties -- and thank goodness, there's detailed glossary of acronyms and legal terms.
A dynamic and fast-moving area of law this, which means that this important and certainly readable book should inevitably attract the interest of media lawyers, not to mention dare we say, a motley throng of advertising folk and journalists.
The publication date is cited as at 2017.
by Bruno Peeters
FAIR AND UNFAIR TAXATION: A PLETHORA OF INTERNATIONAL TAX ISSUES EXAMINED IN THIS BOOK
A couple of hundred years ago, the American statesman, diplomat, writer, scientist and inventor, Benjamin Franklin opined rather amusingly that there are only two things in life that are inevitable: death and taxes. And now, his likeness graces the US one-hundred-dollar bill! Whether he or his readers quite realised it or not, he could only be referring to systems of taxation that, for all their annoyances and flaws, are fundamentally fair and in which everyone is expected to pay taxes.
Such is not the case in many parts of the world, as this newly published title from Intersentia dismally reminds us. Its three joint editors have produced a compilation of carefully researched articles from twenty-four expert contributors (including the editors themselves) which examine various aspects of mainly unfair taxation in the attempt to theorise possible solutions. The results of this endeavour range from the interesting to the startling.
Referring to the book's title 'Building Trust in Taxation', its contributors reveal that where there is no trust in a taxation system, there is little or no taxation… therefore few sources of finance for the public good… therefore bribery and corruption (which inevitably replace tax) … and therefore endemic and abject poverty. In any number of areas, corrupt practices supplant taxation.
This phenomenon – and we think you could call it that – is studied in detail, particularly in the chapter written by Katharina Gangl, Erich Kirchler, Christian Lorenz and Benno Torgler on 'non-filers' in a developing nation; 'non-filers' being those who don't pay taxes and don't file tax returns either.
This is a serious matter which affects the economy of a nation and even such matters as public safety. There are a number of nations in this category -- mainly developing countries -- and the nation scrutinized as an example is Pakistan. Here, as the authors have apparently discovered via empirical evidence, only about one per cent of the population file tax returns.
Tax avoidance -- and often evasion -- is (to a much lesser extent) a problem in developed countries too; certain big corporates being the main culprits, engendering much resentment, which one hopes, will lead to reform. The matters of Starbucks, Amazon and Google, for example, are discussed in the first chapter. The basic thesis here is that if taxpayers are confident that their taxation system is fair, exemplifies good governance and is free of corruption, they are more willing to pay taxes. Read this book and you may be convinced that Adam Smith's dictum that taxation is liberty, was right.
Generally, the book's international contributors propose a number of solutions to unequal tax policies which range from the practical to the almost utopian. One advocates 'pushing toward a multipolar world' of 'autonomous regional blocs' which would presumably 'de-concentrate' political power to create a 'multilateral democratic order' in which individuals, rather than oligarchies, would have a greater say in the formation of tax policies.
Much thought backed by research is provided in this book on taxation in general and its underlying principles. From policy makers to lawyers, readers from a wide range of backgrounds and professions will find it a convincing and useful read
The publication date is stated as at 2017.
by Cathy Maisano
AN "EAST TO READ" MODERN ADVENTURE FOR 21st CENTURY WHICH IS AN INSPIRING PLEASURE TO READ FOR CHILDREN TODAY
An appreciation Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of "The Barrister"
It's always a pleasure to review books for children and we welcome Cathy Maisano's exciting story "Whitehaven Beach" which we are sure will provoke a great deal of interest and curiosity to a younger, modern readership.
We do not do "spoilers" with our reviews so do read the books Cathy's Paradise Beach Mysteries series (three to date) starting with "Whitehaven Beach". The imagery and inventiveness are a particular joy and the story certainly encourages and tempts readers to look for further adventures… always a key to success for books written for children, and great to get beginners to read regularly!
This is how Cathy describes her book so we don't give too much away in this review: Megan and Marcus can't wait for the summer holidays to begin at Bexhill-on-Sea (yes, the rain-drenched south coast of England). This location is where their own incredible beach hut, Parry, doubles as a high-powered rocket ship. Before long, our heroes are heading for Australia on a thrilling mission (yes, the land of the marsupials).
As secret agents, (no, not 007s in reality but modern) the two must confront a dangerous gang to try and save a beautiful beach from certain environmental ruin. When they spot a massive crocodile mysteriously devouring all the famous white soft sand on Whitehaven Beach, things start to go seriously wrong.
Marcus sees Megan being swallowed by the reptile and does not hesitate to plan a daring rescue operation. Skilfully, he helps her to escape, but as they are planning how to recover the stolen sand, the thieves return and the two young agents find themselves in great danger.
The question then is "will Whitehaven Beach be lost forever?" Doubtful! Secret agents everywhere are invited to step inside the amazing Bexhill-On-Sea beach hut of The Paradise Beach Mysteries and join Marcus and Megan Morgan, as they travel at the speed of light to far-away top-rated world beaches, in a quest to save them from environmental ruin." So, you can see some splendid adventures here.
We am pleased to say that we don't know either locations mentioned (probably joined by the mass of readers) so that makes the story all the more interesting for the imagery deployed.
It's a ripping good read for your summer holidays… even if the sun-soaked beaches give way as they do to rain-soaked beaches here, but why spoilt it with some of the wretched reality that we want to get away from.
Thank you, Cathy, and we look forward to the next adventure in the near future!
THE IDEAL REFERENCE FOR CHANCERY LAWYERS: A SCHOLARLY AND PRACTICAL PERSPECTIVE ON WARRANTIES AND INDEMNITIES – NOW IN A NEW EDITION
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, "The Barrister"
Chancery barristers, corporate lawyers or indeed any practitioners involved with the purchase or sale of companies, their businesses, or their assets, should certainly acquire this long-established legal text, making sure they keep it handy.
Having been around since 2001, (this is the new tenth edition) this highly regarded title from Sweet & Maxwell's Commercial Series has established itself as the definitive work of reference on this complicated subject.
Yes, the new edition reflects the changes in the law, conventions and practice that have emerged since the last edition was published in 2011. But it continues to remain true to its basic aim, which, says the general editor Robert Thompson, is to function as a practitioners' guide 'designed to assist in the preparation and negotiation of suitable sale and purchase documentation for the sale or purchase of companies or the business and assets of them'
Be they sales or purchases, such transactions are fraught with risk, as disclosure of possible problems may not necessarily be in place, or forthcoming. Indemnities and warranties therefore are, together or separately, a means or a mechanism for mitigating risk. This book examines in precise detail the issues, the perspectives and the practicalities involved across an extremely broad range of situations in which practitioners may find themselves.
'All too often, deals fail due to a lack of real understanding of the issues and the alternative ways of apportioning risk in a way that is likely to be acceptable to both the vendor and the purchaser.' warns the editor. 'In most cases,' he adds, 'a negotiated compromise will resolve a potential deal breaker.'
One can infer that when dealing with big money and big risk, the general commonsense attitude should be one of caution. Consider this example. Under 'Penalties' in the chapter on Taxation Warranties -- what, for instance, is the practitioner to do in a case where – and we quote -- 'The Company has not been the subject of an audit, investigation, discovery or access order by, or involving a Taxation Authority and there are no circumstances which make it likely that an investigation, discovery or order will be made.'
Considering the positions of both the vendors and purchasers, the accompanying commentary postulates that if the wording of a resulting warranty is somewhat wide -- or maybe extremely wide -- the vendors, 'should be most cautious in accepting it.' As for the purchasers, they might argue that if a series of past investigations has taken place for instance, these could be indicators (or warning signs) that there is 'an underlying issue' which they would need to know about.
Thus reassuringly detailed and erudite, the book, fortunately, is logically organised. The first chapter covers the history and function of warranties and indemnities, with the subsequent twelve chapters examining all the salient aspects of this area of law. Also provided are tables of cases, statutes and statutory instruments plus a table of European legislation. There are ten appendices and – for the time-pressured practitioner – there's an accompanying CD Rom on the inside back cover.
Dealing as it does with a complex subject within an equitable jurisdiction rather than one of common law, this is an important book which practitioners in this field will undoubtedly consider an important purchase.
The law is stated as at 1st January 2017.
by Bjarne P Tellmann
LEADING A LEGAL TEAM? THIS BOOK CAN HELP YOU BUILD A BETTER ONE
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, "The Barrister"
If you manage a legal team, either in-house or within a law firm going for growth, you need Bjarne Tellmann's new book, the most recent and certainly celebrated title from Globe Law and Business unveiled at a Wildy book launch in the summer of 2017.
The name of the publishers is curiously appropriate here, because the book is as much about business as it is about law. Taking a businesslike approach, it is written from a global perspective by an author who, in addition to his impressive academic credentials, offers readers the benefit of his experience running legal teams in multi-national companies.
But this is more than a mere 'how to' book. It is of a much higher order, dealing as it does with strategy, communication, integration of disparate skills, cost efficiencies, new technologies and more. Bjarne is an author who can certainly produce nimble, varied and often refreshingly original solutions to the challenges legal teams encounter in a global business environment where change is the only constant.
Referring to the book's sub-title, 'battle-tested strategies' aren't produced by sudden magical light bulb moments. They obviously emanate from the author's international experience as an academic, and in practice as general counsel for some of the world's largest multi-nationals, notably Coca-Cola and Kimberley Clark. In his current role, he leads a 170-strong team as General Counsel and Chief Legal Officer at Pearson plc, a FTSE 100 company with 30,000 employees in seventy countries.
So, when does someone like this get the time to write a book like this and why? Apparently, the germ of the idea came to him when a talented colleague of his struggling with a new and demanding leadership role asked, 'Is there a manual that will help me do this job?'
What was needed then, was what most of us who aspire to leadership positions need now: plain, practical advice on such matters as handling multiple crises… cutting costs… managing risk… handling difficult clients... and generally coping with change brought about by -- in the author's words -- globalization, regulatory expansion and risk convergence. These factors, he adds, have 'raised the stakes and made the job more complex.'
Lawyers, says Tellmann, must cultivate an understanding of client needs and a passion for the businesses with which such clients are involved. 'It is no longer enough', he warns, 'to sit behind a desk in an ivory tower and dispense legal advice. Doing that is a sure-fire way to become a corporate dinosaur.'
It is precisely to avoid such a dismally Jurassic fate that you should have a read of this book, whether you work in-house or within a law firm. You'll find much comment, by the way, on the linkages and overlap between the in-house legal team and its outside legal advisers. See the chapter on 'Selecting the Right Partners'. In 'building an outstanding legal team' personnel issues are paramount and these of course are extensively discussed.
Whether you work in a legal environment or not, or whether you are in management, or in a supporting role, there is indeed a manual out there that can help you do your job even better. Bjarne Tellmann has written it -- fortunately in a down-to-earth, accessible style -- and you should read it as his engaging personality and infectious support for these building strategies shines through so well in his text.
The publication date is cited as at 2017.
by Guenter; Reynolds, Hon Professor Francis M B Treitel
THE DEFINITIVE LEGAL TEXT ON BILLS OF LADING: NOW IN A NEW FOURTH EDITION FROM SWEET & MAXWELL
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, "The Barrister"
As authors of this highly regarded legal text, Treitel and Reynolds must rank as the most knowledgeable and prominent commentators on current legal issues (from Oxford, naturally). We are very lucky to have their extensive expertise on display with the definitive fourth edition of "Carver on Bills of Lading".
This leading title from Sweet and Maxwell is another established statement of law which deals specifically with the concepts and rules forming a part of the general law of contract concentrating on bills of lading. Of course, this part of contract relates particularly to problems arising in a bill of lading context on the implication of terms or specific contracts.
Writing in the Preface, the authors say that since the publication in 2011 of the third edition, three dozen cases have been reported and they are included here in useful detail for the practitioner and scholar to review.
"Carver" is rightly described as "offering exhaustive coverage of the nature and uses of bills of lading in commercial transactions, negotiations and, on occasion, disputes". And that is what you get here from Treitel and Reynolds whose expertise is, frankly, immeasurable.
The 4th edition gives the reader the following detail: it offers an in-depth analysis of the use and operation of bills of lading and certain related documents (such as sea waybills and delivery orders) by two of the leading academics globally; it discusses the nature of a bill of lading, both as a receipt and as a contractual document; and it explains the roles of each party to the bill of lading contract.
In addition, there is coverage of the contractual effects that follow a transfer of a bill of lading, with an examination of bills of lading as documents of title. There is also a useful explanation of when and how third parties can be affected by bills of lading.
What we also found very helpful was the analysis, with an in-depth commentary, of the Hague and Hague-Visby Rules for the international carriage of goods by sea. The detail given was particularly impressive together with the commentary on the new Rotterdam Rules, which have received limited ratification but it is to be hoped will be widely adopted globally in the coming years.
Some extra features of this edition include coverage of the developments in the law relating to bills of lading since 2011, with much of the text being reworked and brought up to date for 2017. And from the new authorities discussed are the following, depending on what readers may be looking for: The Erin Schulte; Finmoon v Baltic Reefers; Glencore International AG v MSC; The Sea Miror; The Superior Pescadores; The Saga Explorer; The BBC Greenland; The Eems Solar; The Golden Endurance; The Devon; The DC Merwestone; and The Sky Jupiter. Written by two of the foremost commentators on this area of law "Carver" is part of the British Shipping Laws Library and, as we have commented before, it is this library and others published by Sweet and Maxwell which make our lives so much easier for this is where you find the law on bills of lading.
The publication date is cited as at 2017 and the law is as stated at the end of 2016.
by Maarit Jantera-Jareborg
FOR ALL FAMILY LAW ADVISERS CONCERNED WITH MODERN THINKING IN CHILDREN MATTERS
"The Child's Interests in Conflict" has an important sub heading which explains that the conflict is really the link or crossroad between "society, family, faith and culture". The editor, Professor Maarit Jantera-Jareborg, considers one of the most pressing issues of any multicultural society: "the conflicting demands on children from minority groups or children born to parents of different cultural or faith backgrounds".
In the Preface, Maarit writes that the focus of the nine contributions chosen is on "one of the burning issues of any pluralistic, multicultural society encountering a diversity of norms, whether legal, cultural or faith-based". We feel it is a most important, forward-thinking book for family practitioners to read now with the problems we face.
Some important issues are considered, such as what a family may consider to be in the child's best interest and welfare in court when such decisions may not be shared by society at large.
These decisions may be guided by faith, culture, and tradition. And our society may, of course, view the child as being exposed to a significant harm or to risk of harm if certain traditions are followed (and we all do know what they are).
One major issue to be confronted is where parents might believe that their child is harmed or is in harm's way if such a tradition is not respected. What the editor and contributors produce here is a focus on such circumstances throughout Europe.
The eleven contributors are all international leading experts in possession of interdisciplinary elements to review situations of conflict in these areas: a child's upbringing and education in general; the shaping of a child's cultural or faith-based identity; under-age marriages; the circumcision of boys; the role of faith and culture in society's placements of children outside the care of their family; the role of faith in cross-border child abduction; and disputes over parental responsibilities.
As to be expected, European Court of Human Rights decisions are considered with some less well-known national case law, as well as to recent national legislation, all of which show not only the complexity of the issues discussed, but differing ways in which multicultural challenges are dealt with.
The book considers how legal systems "should navigate between the competing claims and conflicting interests without forgetting the main person to be protected, namely the child… and how the scope of tolerance, recognition, and autonomy should be defined".
This title is part of a series of books which are dedicated to "the harmonization and unification of family and succession law in Europe" and at such an important time for all member states of the EU as the UK prepares to leave. We are given useful insights into comparative legal studies and materials.
Plus, there is useful advice on studies conducted on the effects of international and European law-making within the differing European national legal systems. What is most helpful for us here in Britain is the availability of these titles in English, French and German under the direction of the Organising Committee of the Commission on European Family Law (CEFL) at a time of considerable change for all.
The publication date is 2017. It's part of the European Family Law series - Volume 41 – covering: European Law, Human Rights Law, Family Law, Children's Law, and Socio-Legal Studies.
by Nic Madge
PROBABLY THE MOST FAMOUS, MOST IMPORTANT AND MOST USEFUL CASEBOOK ON HOUSING LAW NOW AVAILABLE
"Housing Law is hard law" write the two expert authors, Nic Madge and Sam Madge-Wyld. One reason is because of the effect that housing cases can have on people. Any person involved in housing needs this book: the largest of the Legal Action Group titles available at 1,300 pages, with every single page counting!
Do read the introduction as your first port of call. Results of hearings, at worst, "may result in homelessness for tenants or severe economic problems for landlords" say the writers. They go on to comment that, at best the hearings "may result in the provision of good quality accommodation for tenants or the realization of substantial economic assets for landlords" so there can be a great deal at stake.
Where we come in as advisers rests with the conflict of interest between the parties which is frequently a major factor with cases bitterly fought so you do need this book as a main point of reference. One of the biggest single problems is that of the conflict of interest between "often destitute homeless people and local authorities" where the authorities "frequently do not have the financial resources or organisation to comply with their statutory obligations".
The main purpose of this casebook is to give us, as practitioners, help in tracking down and reading, very quickly, cases which we know about although we may have forgotten some of the details- more of a common problem than many realise with the massive number of new authorities now available.
The title is also of great help to more recently qualified practitioners and the Young Bar. It is also highly likely today that many litigants in person will use the casebook. And, like all casebooks, it is great for those who do not have ready access to law libraries and require short summaries of cases to assist in the understanding of particular areas of housing law. But, a word of caution as with all casebooks- don't treat it as a replacement for the law reports!
In some of the earlier editions of this work, we commented on the main aim of the authors which had been to include all the cases that housing law practitioners "will ever need". Sadly, but not unexpectedly, "that is no longer possible" but Nic and Sam gives us the best possible service for our legal practice with this new seventh edition as a time when many areas of substantive law are in much the same position.
A big "thank you" remains all that needs to be said to them and to LAG and please remember to contact the authors should you have any points to make about the new edition. We believe that the contents of this book for the practitioner cannot be bettered!
The law in this book is up to date as at 8th February 2017 and is available as a book and an ebook.
by Christopher Mallon
'MELTING ICE CUBES': COMPARATIVE LAWYERS ON BOTH SIDES OF THE ATLANTIC WILL LOVE THIS DEFINITIVE TEXT ON A CRUCIAL AREA OF LAW
An appreciation Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of "The Barrister"
Financial services being a crucial area of endeavour for lawyers on both sides of the Atlantic, this newly published title from the Oxford University Press should attract widespread interest, not to mention shouts of welcome, from comparative lawyers practising in either the United Kingdom or the United States, or both.
This is the new updated edition of what has become a definitive text, first published in 2011. As the three co-authors remind us, English law and the law of the United States --specifically New York -- continue to dominate world debt markets. 'Any company of any size operating across borders,' they add, 'will almost certainly have debt governed by English law and New York law.' And where peaceful co-existence reigns between the two, 'they run hard up against each other' where a company faces stress or distress.
It is truly odd, therefore, that there has apparently been no law text except this one, that has enabled practitioners to identify and activate solutions to the myriad problems that bedevil a distressed company operating transatlantically. This is the only legal text around which, as the authors explain, is 'the first attempt to grapple with these issues from both an English law and a US/New York law perspective in a single volume.'
Read for example – and this is only one example – the chapter on emergency sales in the UK and US. Here is an illuminating perspective on the similarities and major differences between these two jurisdictions in the handling of distress sales. And distressful and complicated they are. As is pointed out at least twice, '…any business that relies on confidence in its financial position, its brand name or goodwill… will be particularly hard hit by suggestions that it is or may soon be experiencing financial distress.'
Likened to "melting ice cubes" suffering from the heat of pending insolvency, such companies lose customers and counterparties all over the place as their reputations become ever more tarnished. The methods for carrying out the emergency sales which may result -- and which vary significantly between the US and UK -- are discussed in succinct but pertinent detail – with the reasonably optimistic note that such methods 'can present an effective means of preserving value in either country.'
Further discussed are any number of issues relevant to restructuring from, for example, the duties of directors and management… to shareholder claims… to employees and trade unions… to pension scheme trustees and regulators… to specific cross-border issues and much more.
Here is an authoritative and highly regarded text which contains a wealth of legal expertise presented by, in addition to the authors, thirty-five expert contributors, all of whom offer the benefits of their extensive experience in this field. Highly readable, easily navigable and copiously footnoted, this handy and helpful volume belongs in the library of every transatlantic practitioner.
The publication date is cited as at 2017.
by Malcolm Coulthard, Alison Johnson, Alison Johnson, David Wright Malcolm Coulthard
WORDS AND THE LAW: THE WELL-ESTABLISHED TEXT ON FORENSIC LINGUISTICS – NOW IN A NEW SECOND EDITION
An appreciation Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of "The Barrister"
As words and word meanings are at the very core and essence of the law and the practice of law, this well-established textbook on forensic linguistics should be of prime interest to every lawyer. The book's subtitle 'language in evidence' indicates the importance of forensic linguistics and its direct relevance in almost all legal matters.
In the ten years since the first edition came out, this pioneering text has established itself as the essential introductory work of reference in this field. Now, Routledge, part of the Taylor & Francis Group which is an Informa business, have published it in a new edition, radically updated and containing much new material. Following the introduction (which is new), the book continues in two parts. One deals with the language of the legal process; the other covers the language of evidence.
Naturally, the book examines issues relating to the language of legal documents and of the police and law enforcement. There is of course, much more, including a discussion of the linguist as expert witness.
There are two other areas in particular which will make intellectual property lawyers sit up and take notice: the linguistic investigation of plagiarism -- and authorship attribution. Copycat creatives beware -- and educationalists -- note the section on universities and plagiarism.
A particularly interesting chapter concerns emergency services calls and police interviewing, with excerpts from key points in the various verbal exchanges. As with the famous case of assassinated presidential candidate Robert F. Kennedy, 'the call begins a process that leads to a murder enquiry.'
One of the fascinating aspects of this book is that it demonstrates the ways in which the techniques of forensic linguistics have been applied to actual cases. There is much useful advice here for the advocate.
With its objective, scholarly approach and lucid, readable style, this book should be in the library of every lawyer and law student. Note especially, the twenty-two page bibliography with its wealth of references for the avid researcher.
The publication date is cited as at 2017 and the title is available as a hardback, a paperback and an ebook.
by Andrej Savin
WITHOUT DOUBT, A COMPELLING CURRENT STATEMENT ON EU INTERNET LAW AT A TIME OF MASSIVE CHANGE ON THE CONTINENT
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of "The Barrister"
The author, Andrej Savin, comments that the modern world has been subject to information and communication technology penetration at an unprecedented level, and how right he is. He goes on to say that whilst "the early battles over internet regulation have largely subsided", debate around who regulates, and when, remains strong… and we can add impenetrable and largely unaddressed to date by many who are either afraid of the device or lacking in a commitment to take some control over it.
In a rigorous revision for the new second edition of this important and contemporary book, Savin provides a detailed overview of EU internet regulation in all its key areas, as well as giving a critical evaluation of EU policymaking and governance. He has thoroughly updated and revised the text since we reviewed the first edition citing three reasons.
The first is that a comprehensive review is being undertaken in the telecommunications, data protection and copyright fields. The second is that a multitude of cases originating with the CJEU have clarified some important obscurities of the law. And third, that small-scale changes have taken place in most of the other areas of law covered such as electronic commerce, content regulation, digital identity or cybercrime.
Savin's primary mission here, in our view, is to offer us assistance in understanding the contemporary developments in the case law of the CJEU, covering the multitude of issues that have recently been considered by the Court. He also offers refreshing opinion on the pending proposals in telecommunications, copyright and privacy laws as well as the new regulatory directions signalled by the Commission's 2015 strategy document.
The new edition of "EU Internet Law" starts with a full examination of the constitutional context within which the internet is regulated and the various policy documents which have informed this regulation over the years. Savin examines specific key issues in internet regulation, including electronic commerce, jurisdiction, content regulation, intellectual property, consumer protection, and criminal regulation.
For those who do not realise the position, the European Union has performed a crucial role in internet regulation for each Member State and it occupies a unique position of global influence in this fast evolving area of governance although it is still nothing like enough because of the pace of change.
So, the second edition of "EU Internet Law" will, in our view be of great interest to scholars, students and practitioners across the EU and beyond and remains a "succinct, readable and substantiated analysis" as the internet continues to impact us in almost every area of our lives at the moment.
The law is up to date as of 1 October 2016 and the book is available as a hardback book, online and as an ebook.
by Daniel J Gervais
A BOLD AND PERSUASIVE STATEMENT ON THE CHANGING FACE OF COPYRIGHT IN THE TWENTY-FIRST CENTURY
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of "The Barrister"
This book represents a substantial call for a full reform of the system of copyright to fit the requirements of the 21st century. Daniel Gervais writes that "the current lack of equilibrium and the deficient structure of copyright results, in part, from a process of historical changes and accretions to the list of copyright "rights" and in part from a lack of clarity as to its purpose."
So, for many people, this call for a review cannot come too quickly because of the massive problems which have been thrown up by the changes we have seen in what we call "information technology". Frankly speaking, many of us have not treated this subject seriously enough… Gervais, however, does.
The biggest single headache at the moment is the internet which has changed forever our online world leading to what has been described as a structure of copyright which, in its current form, has become inadequate and, to use the phrase of the moment "unfit for purpose".
We found this "bold and persuasive work" by Gervais asks all the pertinent questions of the moment- many of which still remain completely ignored by many who want the current antiquated system to remain because it suits some peoples' purposes. However, Gervais submits that "the international copyright system is in need of a root and branch rethink" and how right he is. In essence, he aims "to inform the debate about the future of copyright and its influence on human creativity", especially with the advances in artificial intelligence.
And, yes, it's rightly an "ambitious and far-reaching book" where the author "sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform". Frankly it remains a welcome read for all involved in copyright matters, professional or lay people, and unrepresented parties with a problem. The main objectives are set out by the author "to identify structural and other deficiencies within the current system, and to outline a structured approach to copyright reform". He does just that and it is a jolly good read with much commendable detail.
"(Re)structuring Copyright" is set out in the following way: Part I is diagnostic in nature whilst Part II offers "detailed and concrete pathways to improve the current system", whilst in the Epilogue, a clear recommendation to revise the Berne Convention is proposed. Gervais likes the word "pathways"!
And Gervais also gives us a "reasoned and novel voice" to a copyright debate ("we can all 'win'") that is all too often driven by ignorance and partisan self-interest. We agree that it should be required reading for all copyright scholars, advisers and practitioners with an interest in the way in which the subject of copyright can be developed in the near future.
The book was published in 2017 and it is available as a book, online and as an ebook.
by Tamara K Hervey
A SCHOLASTIC APPROACH TO HEALTH LAW AND POLICY AT A TIME OF CHANGE FOR THE EUROPEAN UNION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
With what the publishers describe as "the steady expansion of the European Union's involvement in health over the past 20 years" which "has been accelerated by recent events" this research material arrives at a most appropriate time for all lawyers and politicians. Professor Martin McKee does not mince his words in his pro-Remain Foreword which we were very gladdened to read for its straightforward statement about the UK, the EU and Brexit.
McKee writes that "no-one, following the events of early 2016, can be in any doubt of the need for a book that explains important aspects of EU policy." We get this in spades from the 32 expert contributors on Health Law for Elgar have surpassed themselves with this new research handbook which makes our lives so much easier by producing such well-constructed legal statements for us as practitioners and academics.
And McKee warms to his "Remain" theme, saying that the UK "engaged in a debate on its relationship with Europe that revealed a profound degree of ignorance of all things European". And that, of course, is partly the problem with the health portfolio as well for the lack of depth of understanding is well balance with this new research material collated so well by the editors, Tamara K Hervey, Calum Alasdair Young and Louise E Bishop.
The British people were not served well by the media over Brexit, says McKee. We know that about both Brexit fallacies and Health Law inaccuracies! McKee does not stop there, however. The UK media newspapers "continued to pour out hatred aimed at anyone foreign, oblivious to the fact that most were owned by fantastically rich individuals whose commitment to the UK did not extend to living there or paying taxes in it". And, he says, "the BBC were little better". Do read the rest of the Foreword, especially if you are a Brexiteer… even though the decision has been made!
A final point from McKee deals with the research here- "its importance within Europe is obvious" … yes… but "not just for academics but also for those working on policy in areas such as health care, research and pharmaceuticals" which is the real value of this work.
It's excellent research in Elgar's "European Law" series which gives the legal scholar a contemporary "analytical overview of the most important topics in European Union health law and policy" and we feel it has a much wider readership as well because of the vast area of coverage of Health Law.
The book points us in the right "direction of travel" for every topic covered. Contributors offer important research agendas for the future, Brexit or not. The title is divided into 5 parts, bringing together international, interdisciplinary contributions to consider the past, present and future of EU health law and policy so there is something for everyone.
And, of course, the changing membership of the EU could result in dramatic changes for EU health law and policy. The contributors consider "current developments in the light of past trajectories" and they cover the following: key institutions; policies on people and products; health systems; public health; and the health implications of the EU's external trade policies and laws.
It's wide-ranging and accessible, so this Handbook will appeal to academics and students alike focusing on EU health law or policy. It will also be of interest to lawyers and policy makers working in or with the EU as well as health managers and NGOs. And as McKee says, it "will undoubtedly be read by those who understand the importance of the EU's contribution to health policy" and "spread the message more widely". We do hope so, "but the scale of the challenge must not be underestimated".
The law has been stated as at 2017 and it is available as a book, online and as an ebook.
by Ian; Toal, Ronan MacDonald
UNTANGLING "THE INCREASINGLY BYZANTINE IMMIGRATION RULES": A DEFINITIVE WORK OF REFERENCE FOR IMMIGRATION LAWYERS, NOW IN THE LATEST SUPPLEMENT TO THE NINTH EDITION FROM LEXISNEXIS/BUTTERWORTHS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
As immigration becomes ever more complex, obtaining 'Macdonald's Immigration Law and Practice' in two volumes has become ever more a necessity for the immigration lawyer.
This, basically, is the expressed view of the authors, Ian A Macdonald QC and Ronan Toal, of what is now a long-established and definitive work of reference -- and it's fair to say that there is hardly an immigration lawyer out there who would not agree.
Equally, it is doubtful that there is any immigration lawyer anywhere, who wouldn't welcome the recent appearance of this new two-volume supplement to the ninth edition of this work from LexisNexis and Butterworths.
The 9th edition was published in 2014 and has now been completely up dated as at February 2017 with certain later changes added. Logically organised throughout, it covers, over twenty-two chapters, virtually every conceivable aspect of immigration law that is likely to confront the practitioner.
Volume 1 deals with everything from right of abode and citizenship, to victims of trafficking in human beings -- the latter being especially relevant to recent legislation on modern slavery – through to, for example, deportation and repatriation, with a final chapter on the Special Immigration Appeals Commission. Volume 2 delivers over 1,200 pages consisting of five appendices containing statutes, procedure rules, practice directions, statutory instruments and much more.
On a slightly more negative note, it is noteworthy, at least in the preface, that the authors, together with the twenty-seven contributors, all from Garden Court Chambers, take a conspicuously dim view of current immigration law, describing the writing of this book as 'miserable experience' largely because of what they term the 'hostile environment that the government has been creating for migrants, immigrants and refugee seekers and all those associated with them.'
They remark further that 'the increasingly Byzantine immigration rules make the achievement and retention of leave to enter or remain far more difficult, both procedurally and substantively.' There are many who will agree with these views, but even those who might not will nonetheless find these volumes indispensable.
Given the inherent complications and the political repercussions and indeed the emotional sensitivities inherent in this area of law, this updated two volume work provides a ready source of authoritative commentary and rigorous scholarship on which lawyers, whatever their views, can rely. Here then is an essential purchase for the library of every immigration lawyer.
The law is stated as it was at 28th February 2017, although there have been one or two references to later law changes. The volumes do not deal with the latest changes in the Immigration Rules, HC 1078, most of which will come into force on 6th April 2017.
by Rebecca Huxley-Binns
THE FIRST BOOK YOU SHOULD READ AS AN UNDERGRADUATE LAW STUDENT
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of "The Barrister"
Law books have developed to a very high standard in the last 40 years as the newer technologies are used in a most positive way to aid learning. Routledge were amongst the first publishers to see the advantages of a companion website to assist a better understanding of the intricacies of how the English Legal System works developing their "Unlocking the Law" titles to a new generation of students. Students who probably do realise how lucky they are if they have ever seen some of the stuff we had to use in 1970!
So we welcome this fifth edition of "Unlocking the English Legal System" by Rebecca Huxley-Binns, Jacqueline Martin and Tom Frost for 2017 at a time of massive upheaval in the political and legal worlds. We described an earlier edition as "at the cutting edge of legal teaching" with the extension of digitisation to modernise legal teaching which "ease the burden on the teacher and the student". And that is exactly what the fifth edition continues to fulfil for those new to the law.
Do read the "Guide to the Book" and its current Preface to begin with. It goes without saying that "English legal method and the English legal system are important as they underpin understanding of the development and practice of all substantive areas of law". So this grounding is imperative to see how our system works today with so many changes in areas like legal aid and family matters.
There is a great deal to commend this book and its sister titles for modern teaching, both in the classroom and by distance learning. Readers will find the "self-testing" and the variety of activities included in the work highly beneficial for learning outcome goals. The layout is also most conducive to the learning environment where cases are separated out for easy access. We have sometimes had such a rudimentary system in the past by way of the citation of cases and statutes so we do appreciate the simple and expedient way in which the authorities are explained here.
Teaching law is about the selection of 'bite size' sections so we welcome the way in which the three authors have addressed their task. The result is a most readable and well structured account of our legal system making the subject more accessible by the focus placed on actual learning needs which the experienced writers have so well identified. This is a fine edition, and will also be of great help to unrepresented parties wishing to know more about how the law works in an era of developing public legal education.
The law is as stated at 1st October 2017 and it is available as a book, a paperback and as an ebook with an accompanying website.
by E. C. Coleman
GEORGE VANCOUVER'S REMARKABLE TRAVELS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
It was a delight to hear that the first full scale biography of Captain George Vancouver had been commissioned in 2000 just after the two hundredth anniversary of his death in the village of Petersham, Richmond, Surrey. This work has now been reprinted and makes remarkable reading. It is about a man who is not widely known, but whose exploits exhibited the strengths of patience, determination and perseverance which are such `foreign' considerations to so many today.
George Vancouver is buried in historic St Peter's Church yard in Petersham, just up-river from Richmond. He came to this area as a fatally ill man bent on completing his coastal survey work for publication. Mr Coleman's research is extensive and covers, in some detail, the preciseness with which Vancouver tended his mission.
In this gallant story of enterprise and initiative there were difficult moments as events swung from triumph to treachery. Although there is no book index to aid reference, the activities of the nasty stalker, William Camelford, are fairly recounted here from what we know of contemporary accounts. Whatever the actual truth of Vancouver's hot temper and hard discipline, the reader is always reminded (often vividly) of the realities of His Majesty's Navy in the late eighteenth century. Our relatives were seafarers and we are sure that their lot was `petty, nasty and cruel' ... but that was the case for so many at that time.
A particular mention should be made of Coleman's sensitive treatment of the killing of Captain Cook. He describes it with care, and the effect on Midshipman Vancouver can be calculated from the narrative in the early chapters. Vancouver cared deeply for the men under his command as any captain would because survival means team-work. This sense of care comes through well and you can measure the feeling that physically back-breaking and monotonous work must have created.
From the scene set by Coleman, we can picture well the views these sailors surveyed as they passed the coastline in small boats. Remember, they covered a total of ten thousand miles, much of them by rowing. It puts some of our human activities today to shame because Vancouver brought the best out of those who served under him as his crew. Only one person died (from disease) in the entire four year mission, when `The Discovery' visited the range of settlements listed here- some record! Just take a look at the map in the book and you get to the reality very quickly.
This is a great read, and we picked it up whilst reading Darwin's adventures on `The Beagle': an interesting comparison of the two voyages comes across well. Whilst Darwin has immortalized the origin of species for some, Vancouver's name has been immortalized in both north and south shores of the American Pacific rim. This is not just a book for the naval historian; it is an adventure book of readable workmanship.
The book was published on 1st December 2000 in hardback and in 2006 for the paperback.