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Macdonald's Immigration Law & Practice Eighth edition
Edition:
Format:
Author:
ISBN: :
Publishers:
Price: £230
Publication Date: 15th Nov 2010
 
Publisher's Title Information

Since the publication of the first edition in 1983 Macdonald's Immigration Law & Practice has established itself as the standard textbook in the field and is recognised by the legal profession as the most authoritative text on immigration law.
 
Written with precision by leading immigration experts the work has been updated to offer all of the latest legislation, cases, political developments and commentary and guidance on every significant aspect of the law and practice of immigration.
 
The eighth edition has been fully revised and contains all the latest SIs, covers all recent case law, including decisions from Strasbourg, the House of Lords and the Court of Appeal and the latest immigration appeals Procedure Rules, Practice Direction and CPR.

Contents

1. Introducing immigration law;
2. Right of abode and citizenship;
3. Control of entry;
4. Control after entry;
5. Settlement and return;
6. Common travel area, crew members and exempted groups;
7. European Community law and related obligations;
8. Human rights law;
9. Visits, study and temporary purposes;
9A. Students
10. Working, business, investment and retirement in the UK;
11. Families, partners and children;
12. Refugees, Asylum, Humanitarian Protection and Discretionary leave;
13. Welfare provisions for migrants and asylum seekers;
14. Penal and carrier sanctions;
15. Deportation and repatriation;
16. Removal and other expulsion;
17. Detention and bail;
18. Right of appeal;
19. Appeals to the First-tier Tribunal;
20. Appeals to the Upper Tribunal, the Court of Appeal and applications for judicial review;
21. Special Immigration Appeals Commission
Appendix 1: Immigration statutes
Appendix 2: Other relevant statutes
Appendix 3: Immigration Rules
Appendix 4: Procedure Rules and Practice Directions
Appendix 5: Statutory Instruments
Appendix 6: EU legislation
Appendix 7: International material
Appendix 8: Glossary
Tables and index

The Authors

By Ian Macdonald QC and Ronan Toal, Two Garden Court Chambers.

From the Preface

The last edition of this book was published in March 2008 and a Supplement was published in March 2009. Our plan has been to publish, a new edition every two years with a Supplement in between. We still intend to do this, but this time we have not succeeded. There are a number of reasons for this. First, all the contributors are practising lawyers and busy practices can upset schedules and promises to deliver text. Second, there has been the usual enormous amount of law making; rule changes, new guidance and case law to deal with, Third, Immigration, Asylum and Nationality law is expanding more and more into family law, housing , and welfare benefits; both under domestic and EU law, tort law and crime. 'There is much more cross-over between different legal specialities. We are, therefore having to cover a wider field than before.
One result of the overwhelming scope of our subject matter is that for the first time we are going into two volumes. Our publishers could not find any thinner paper and our readers would not have stood for it if they had, the page numbers kept expanding. So two volumes it is, commentary in Volume 1 and legislation and other materials in volume 2.
In the Preface to the fifth edition we said it was important to keep Macdonald's in a single volume book which can be carried relatively easily from office to court room and which contains within it our description of the law and practice, plus the necessary texts. Well, our hopes have been dashed but you still get the full package in our new two-volume presentation.


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Macdonald's Immigration Law & Practice Eighth edition


Supperstone, Goudie & Walker: Judicial Review Fourth edition
Edition: 4th
Format: Hardback
Authors: General Editors: Sir Michael Supperstone; James Goudie QC; and The Honourable Mr Justice Walker. Editor for the Fourth edition: Helen Fenwick
ISBN: 9781405749138
Publishers: LexiNexis
Price: £220
Publication Date: 19th October 2010
 
Publisher's Title Information

Now in its fourth edition, Supperstone, Goudie & Walker: Judicial Review still provides an authoritative and comprehensive text on the entire law of judicial review. Fully updated, this title provides a thorough, detailed analysis of this complex area of law from a team of judicial review experts.
 
It contains an essential account of relevant cases plus examples of the application of the general principles, covering the law of judicial review in a number of areas, including local government, town and country planning, immigration and housing and social security.
 
Supperstone, Goudie & Walker: Judicial Review is the only title that gives the depth and expertise of guidance needed to enable practitioners to advise and make decisions with complete confidence.

Contents

1. Introduction;
2. Judicial review: the historical background;
3. Judicial review: its provenance and scope;
4. The Human Rights Act and Judicial Review;
5. The Ambit of Judicial Review;
6. Illegality: the problem of jurisdiction;
7. Discretionary powers - the limits of legality;
8. Unreasonableness;
9. Proportionality;
10. Procedural rules and consultation;
11. Natural justice and fairness - the audi alteram partem rule;
12. Bias-interest and favour;
13. Other Grounds of Review;
14. Crown proceedings;
15. European Union Law;
16. Remedies: Mandatory, Probiliting and Quashing Orders;
17. Declarations, injunctions and Money Remedies;
18. Restrictions on remedies;
19. Procedure: The early stages;
20. Procedure: The hearing and appeals;
21. Devolution;
22. Judicial Review in Scotland

The Authors

General Editors: Sir Michael Supperstone; James Goudie QC; and The Honourable Mr Justice Walker. Editor for the Fourth edition: Helen Fenwick.

Preface

The 4th edition of this work, in which I have taken over the editorship from The Hon Mr Justice Supperstone, James Goudie QC and The Hon Mr Justice Walker, is concerned with the impact of new developments once they have more fully taken effect, rather than with their innovation. This edition comes at a point when the Human Rights Act 1988 has been in force for a decade; it takes account of significant developments under that Act affecting judicial review by introducing a new Chapter, CHAPTER 9, on proportionality. The chapter sets out to provide a thorough analysis of how proportionality works, examining the way that UK judges have handled it in judicial review cases. CHAPTER 4, explaining the impact of the Act on judicial review, has been considerably revised in this edition to consider a number of the most significant cases on the impact of the European Convention on Human Rights in this context. Similarly, CHAPTER 21, dealing with devolution, has been revised to take account of a range of developments in that area over the last five years, pointing out that the political sensitivities involved and the complexity of the devolution arrangements, have led to quite frequent resort to the courts by way of judicial review.

Developments in the law of judicial review in Scotland, and in European Union law as it affects judicial review, are described in CHAPTERS 22 and 15 respectively. As regards the substantive and procedural law of judicial review in England and Wales, as described in other chapters of this edition, there have been substantial developments in a number of areas over the last five years. In this edition CHAPTER 8 is concerned only with the principle of 'reasonableness', since proportionality receives extended treatment in new CHAPTER 9; CHAPTER 8 focuses in particular on recent developments in the law relating to `substantive legitimate expectations'. CHAPTER 11 deals with the rules of natural justice, ending with consideration of the relevance of Article 6 ECHR in this context. In CHAPTER 12, dealing with bias, very recent developments relating to the tension between predisposition and predetermination are explored. As CHAFFER 13, considering other grounds of review, explains, the extent to which the courts envisaged review for mistake of fact as independent of review for unreasonableness has recently been clarified. CHAPTER 19, dealing with the early stages of procedure, discusses the recent changes to the traditional approach to disclosure which mean that it has become more flexible and less prescriptive.

The objective of this edition has been two-fold. First, it has been to ensure that all recent developments in judicial review have been covered. That I hope has been achieved with the assistance of our distinguished team of contributors to whom I am indebted for their efforts. This edition has welcomed a number of new contributors with whom it has been a pleasure to work. Secondly, it has been to set individual chapters in context with extensive cross-references to relevant discussion elsewhere in the book.

In this regard, I must of course acknowledge the debt this edition owes to the work of The Hon Mr Justice Supperstone, James Goudie QC and The Hon Mr Justice Walker in bringing the previous editions of this work to completion. For all the patience, encouragement and support received from the publishers, I am very grateful.

Lord Bingham sadly died as this work reached completion. We have included his Foreword exactly as it was written in 2005 for the previous edition, as a mark of respect for him.
The work endeavours to state the law as at 1 October 2010.

Professor Helen Fenwick

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Supperstone, Goudie & Walker: Judicial Review Fourth edition


Bingham & Berrymans' Personal Injury and Motor Claims Cases 13th edition
Edition: 13th
Format: Hardback
Author:
ISBN: 9781405750059
Publishers: LexisNexis (Butterworths)
Price: £265
Publication Date: 19th Oct 2010
 
Publisher's Title Information

Bingham and Berrymans' Personal Injury and Motor Claims Cases is the leading work in this field and is written by experts in the field of PI and insurance law.
 
This classic title provides practical guidance and information to all practitioners involved with motor and personal injury insurance litigation.
 
Covering all reported cases relevant to claims arising out of road traffic accidents, it is a unique combination of practical procedural advice, legal background and diversity of case summaries within, but not exclusive to, the context of motor claims. It clearly explains the principles behind the assessment of damages and offers advice on practice and procedure in the conduct of claims.
 
The new edition has been extensively updated since the previous edition to take account of major changes in both motor and personal injury litigation, including:
 
Analysis of the Court of Appeal decision of Thompstone
Full implication of periodical payments
Update on Part 36 payments
Latest motor liability and motor insurance cases
Contents
Part 1 - Insurance;
1. Insurance Principles;
2. Coverage;
3. Motor Insurers' Bureau;
Part 2 - Liability;
4. General Principles of Negligence;
5. Vicarious Liability;
6. Res Ipsa Loquitur;
7. Defences;
8. Fraud;
9. Liability of Road Users;
10. Driving, Manoeuvring and Parking;
11. Pedestrians;
12. Liability of Children;
13. Passengers;
14. Defence Vehicles;
15. Ownership of Vehicle;
16. Highways;
17. Nuisance, Level Crossings and Trees;
18. Animals on Highway;
Part 3 - Procedure;
19. Limitation;
20. Introduction to Civil Procedure;
21. Parties;
22. Issuing Proceedings;
23. Service;
24. Defence;
25. Summary Judgment;
26. Additional Claims;
27. Allocation;
28. Disclosure;
29. Witnesses;
30. Evidence and Admissibility;
31. Expert Evidence;
32. Applications;
33. Offers and Payments into Court;
34. Trial;
35. Appeals;
Part 4 - Quantum and Costs;
36. General Principles of Quantum;
37. Quantification of Damages;
38. Damages in Fatal Cases;
39. Credit Hire;
40. Costs

The Authors

By Michael Pether BA, Partner, Berrymans Lace Mawer; Victoria Cargill, Head of Costs, Berrymans Lace Mawer; Ruth Graham LLB, Partner, Berrymans Lace Mawer; Andrew Hibbert LLB, Partner, Berrymans Lace Mawer; Christopher Newton LLB, Partner, Berrymans Lace Mawer; Ian Walker LLB, Solicitor, Berrymans Lace Mawer; Tony Walton LLB, Partner, Berrymans Lace Mawer; Rodney Wilson MA, Partner, Berrymans Lace Mawer

The Preface

This, the 13th Edition, brings the law up-to-date to May 2010 and includes most of the cases from the supplement to the 12th Edition published in October 2008.

This edition strives to maintain its reputation as the pre-eminent practitioners' guide for not only those handling motor claims but all those involved with personal injury claims generally. The format of the book remains the same as more recent editions and is divided into 4 sections: insurance, liability, practice and procedure, quantum and costs.

Motor and personal injury law remains a vibrant and fast moving area and almost every chapter has been updated to include recent legal developments. In particular, regular subscribers will notice that the chapter count has increased from 38 to 40.
In the last edition credit hire cases were carefully hidden in the quantum and procedure chapters. The editors of this edition felt that this did not adequately reflect the large body of important case law that has built up dealing with credit hire cases nor the significant financial implications credit hire has on motor claims.

Similarly, fraud has, over the years, played a much more significant role in the investigation, management and resolution of motor and personal injury claims and has developed its own body of case law.
Both these important topics now have their own chapters.

The timing of this 13th Edition has allowed the editors to include a summary and explanation of the "Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents" or, as it is more colloquially known, the "MOJ process" which began operating in April 2010. No doubt our next edition or supplement will add some satellite litigation flesh to the bones of this new procedure.

Also within the procedure chapters the continuing development of the law of Part 36 is recorded through the recent decisions of Whitstance and Gibbon. The jurisdictional implications of Rome II and the recent developments on this topic are also new additions to the procedure section.

We are very grateful to Paul Ryman-Tubb Claims Technical Manager of the MIB for his assistance in updating and checking the MIB chapter.

Our limitation chapter has received a thorough overhaul. The law has moved on a great deal in the last few years with decisions such as Hoare, Young and Cain and many old and now redundant cases have been removed.

Quantum has been quieter, certainly since the last supplement, but the Ogden 6 case law continues to develop as well as cases concerning psychiatric

illness and loss of chance. We are grateful to Paul Stagg, barrister of 1 Chancery Lane, for his review of the decisions of the Social Security Commissioners.

When it comes to costs Lord Justice Jackson's Civil Costs Review has informed the way the courts have looked at cases. The chapter contains a back to basics approach to Part 36 offers and practical guidance for those dealing with issues such as fixed costs and conduct arguments.

As ever, the editors would like to thank all those who have provided advice, encouragement and assistance in producing this new edition. In particular mention must be made of Sarah Hill and Ray Southern who drafted our new fraud chapter and Cathie Mortimer and Sarah Cartlidge who edited the new chapter on credit hire. In addition the editors have been admirably assisted by a team of volunteers who, as before, we feel it only right to name. So, our thanks to Alistair Kinley, Rachel Coombs, Oliver Phillips, Matthew Burfield, Joanna Peters, Stephanie Parker, Simon Hammond, Matt Core, Kay Askew, Gareth Davies, Helen Cafferata (and the rest of the information services team) and Sue Bayer.

Michael Pether Victoria Cargill Ruth Graham Andrew Hibbert Christopher Newton
Ian Walker

Tony Walton Rodney Wilson October 2010


For your information, the above title is £265.00 and can be ordered by telephoning LexisNexis Bookshop on 0207 400 2838 or Customer Service Department on 0845 370 1234, customerservices@lexisnexis.co.uk or the online catalogue can be accessed through www.lexisnexis.co.uk


Borrie and Lowe: The Law of Contempt
Preface by Lord Justice Sedley
Edition: 4th Edition
Format: Hardback
Authors: Ian Cram, Sue Prince, Richard Munden, Richard Stone, Helen Fenwick, Gavin Phillipson, Andrew Scott, Howard Johnson, Caroline Kean and Amali de Silva,
ISBN: 9781405736879
Publishers: LexisNexis
Price: £280
Publication Date: 27th Sept 2010
 
Publisher's Title Information

This title is a comprehensive statement of the law relating to criminal and civil contempt of court.
The leading authority in its field, Borrie and Lowe is a comprehensive statement of the law relating to criminal and civil contempt of court. Regularly cited in the Courts, this substantial and authoritative title is also highly regarded by members of the press.
Now in its fourth edition, the work has been thoroughly revised and updated to include new chapters incorporating the Human Rights Act 1998, the Children Young Persons Act 1933 and the Youth Justice and Criminal Evidence Act 1999.

Contents

Preface by Lord Justice Sedley, Royal Court of Justice;
 
PART 1 - OVERVIEW;
1. Introduction ;
2. Constitutional context;
3. Internet and globalisation;
 
PART 2 - STRICT LIABILITY;
4. Overview 1981 Act (include common law);
5. Criminal contempt;
6. Civil contempt;
 
PART 3 - REPORTING THE COURTS;
7. Criminal;
8. Civil;
9. Family;
 
PART 4 - INTERFERENCE WITH THE ADMINISTRATION OF JUSTICE;
10. Interference with witnesses;
11. Scandalising the court;
12. Misconduct in court;
 
PART 5 -CONTEMPT PROCEEDINGS;
13. Bringing contempt proceedings;
14. Responsibility for contempt by publication;
 
PART 6 - BREACH OF COURT ORDERS;
15. Breach of specific court orders;
 
PART 7 - MISCELLANEOUS;
16. Journalist source;
17. Tribunals of inquiry;
18. The future;
Appendix;
Contempt of Court Act 1981

The Authors/Contributors

By Ian Cram (General Editor), Leeds University; Preface by Lord Justice Sedley, Royal Court of Justice; Dr Sue Prince, Exeter University; Richard Munden, Barristers, 5 Raymond Buildings; Prof Richard Stone, Lincoln University; Prof Helen Fenwick, Prof Gavin Phillipson, Durham University; Dr Andrew Scott, LSE; Howard Johnson, University of Wales; Caroline Kean and Amali de Silva, Partners, Wiggin LLP.

Part of the Preface

The last edition of Borrie and Lowe was written fifteen years ago since which time significant changes to the law of contempt have occurred. A reader familiar with the layout and contents of the third edition will see at the outset that revisions to the overall structure and chapter titles-have been made. For example, Part 1 of the fourth edition sets out to detail the changed constitutional and technological environment within which contempt rules operate. In this section of materials, two features predominate: namely the globalised nature of electronic communications and the impact of the Human Rights Act 1998. Naturally enough, discussion of aspects of each feature permeates through into later sections of this new edition. The incorporation of these new, scene-setting chapters at the beginning of this edition and the inclusion of post HRA materials elsewhere in the text has required some pruning of sections found in the third edition. At times for example, discussion of the common law of commonwealth jurisdictions has been scaled back. Another difference from the third edition is the separation into distinct chapters of sections dealing with respectively the reporting of criminal, civil and family proceedings in Part 2.

For some, the Human Rights Act is to be welcomed for heralding a new era in contempt law in which an altogether more principled, rights versus collective goals (and rights versus rights) analysis is placed centre stage. Legislators, judges, prosecutors (and even media professionals) are all now enjoined to have regard to core values such as freedom of expression, fair trials, the administration of justice and individual privacy. For such commentators, the 1998 Act is a welcome move away from the previous, rather ad hoc legal framework in which new statutory provisions and common law interpretations of the law were developed with merely a passing nod (if at all) to issues of fundamental principle. Of course today, in the case of statutory provisions, the Human Rights Act does not go so far as to allow a judge to strike down the HRA-inconsistent provisions of an Act of Parliament. Nonetheless, the HRA implications of a new measure will almost certainly have been debated in Parliament at some stage of its passage into law. Moreover, a judge called upon to interpret the provision is required under section 3 of the 1998 Act `so far as is possible' to give a reading that is compatible with the European Convention on Human Rights. Significantly, this allows a judge to `read-down' (within certain limits) a rights' infringing provision in order to achieve compatibility. In this new constitutional setting, the influence of Strasbourg jurisprudence needs to be fully recognised. At times (such as with the protection of journalists' sources discussed by Professor Phillipson in chapter 15), the European Court of Human Rights has provided a consistent and clear impetus for stronger domestic protection for media freedom than has hitherto existed in domestic law. Whether the same can be said about the Court's record across other aspects of its Article 10 jurisprudence is less certain.

The election of a Coalition Government in May 2010 has, for the time being, stalled discussion in certain political quarters of the repeal of the 1998 Act (even though the Prime Minister David Cameron publicly committed his party to this option in 2006 whilst leader of Her Majesty's Opposition). As this edition goes to press, the Act remains fundamental to any analysis of the competing demands of open justice, the unbiased administration of justice and privacy claims of trial participants and others. Plans for some time-limited form of anonymity for defendants in rape cases have been aired by the Government on the back of an annual conference resolution of the Liberal Democrats agreed in 2006. Anonymity orders in a different context this time relating to counter-terrorism powers to freeze suspected terrorists' financial assets have lately come to occupy the Supreme Court. In a bold ruling (Re Guardian News and Media Ltd (2010)), the evident trend towards suspect anonymity was criticised by the Supreme Court. This ruling carries the obvious implication that anonymity orders in the wider counter-terrorism context (including those made in control order cases) will also come under closer judicial scrutiny in the near future.

The previous edition of Borrie and Lowe was written in its entirety by Professor Nigel Lowe and Brenda Sufrin. As such, that co-authored edition offered a particular treatment and analysis of contempt law. Back in 1995, the authors declared themselves to be concerned by the 'lack of prosecutions' under the Contempt of Court Act 1981. For example, in relation to the notion of strict liability contempt the authors were critical of the Attorney-General's failure to prosecute sections of the media in the infamous case of Michelle and Lisa Taylor sisters in 1993 after the Court of Appeal quashed the trial court's convictions on the basis that newspaper reports at the time of the sisters' trial had been 'unremitting, extensive, sensational, inaccurate and misleading'. The new edition is the product of a team of academics and practitioners who do not necessarily share a unified view about the various balances that are struck in our contempt laws. Consequently, there is no overarching, thematic analysis of contempt law to be found in this edition. No effort has been made to harmonize the individual chapters. Instead, individual authors have been left to offer their personal responses to developments in the field. The diversity of interpretations and viewpoints to be found in the chapters is, I would argue, an exciting new facet of the current edition of Borrie and Lowe.

Ian Cram

Foreword

When Alice was called as a witness at trial of the Knave of Hearts and the King announced: "Rule forty-two: all persons more than a mile high to leave the court", Alice accused him of having just invented it. -

`It's the oldest rule in the book,' said the King.

`Then it ought to be number one,' said Alice.

There are those who think that the law of contempt of court is both a judicial invention and number one in the book. And it is true that historically the judges of England and Wales were pretty fierce in handing out or threatening punishment to those who affronted their dignity. It is also true that without some donated or inherent power to ensure that it is respected and obeyed, a court is a toothless tiger.

In 1746 the Chief Justice of the Common Pleas gave judgment for £1000 damages in favour of a Lieutenant Frye against the president of a court martial which had misconducted its proceedings. He then encouraged the lieutenant to sue the other members of the court martial. Understandably, they protested to the King. The Chief Justice had the whole lot of them arrested for contempt and, when they apologised, released them with the warning: 'Whosoever set themselves up in opposition to the law or think themselves above the law will find themselves mistaken'.

It is said that a generation earlier Chief Justice Holt, threatened with arrest for contempt of Parliament if he did not stop hearing the election corruption case of Ashby v White, told the Speaker's retinue that if they did not leave he would have them arrested for contempt of court, 'had you the whole House of Commons in your belly'.

Modem bleeding hearts may doubt whether what appears to have been, until the mid-17th century, the standard penalty for violent conduct in court amputation of the right hand, with hanging as an optional extra was strictly necessary for maintaining the dignity of the ermine. But even in those cruel days the judges did not have it all their own way. The jurors trying Penn and Mead in 1670 for preaching unofficial ideas in Gracechurch Street chose to go to gaol for contempt rather than submit to the judge's direction to convict, and in doing so established one of the bedrocks of civil liberty in this country. And little more than a century ago, before a divisional court of the Queen's Bench, the editor of the Birmingham Daily Argus got off with a £100 fine for a diatribe against the newly appointed Mr Justice Darling which, while an undoubted contempt (counsel for the paper did not raise the still vexed question whether justification is, or ought to be, a defence), must also have been one of the finest passages of invective in the annals of British journalism. 1

Since then, indeed since the last edition of the present book, the wheel has been relentlessly turning. Lord Widgery CJ told the Phillimore Committee in 1974 that a modern judge had to have broad shoulders His successors would probably say that that was putting it mildly. Since the day in 1986 when the Daily Mirror went unrebuked for publishing a massive headline 'YOU FOOLS' accompanied by inverted pictures of the law lords who had upheld the Spycatcher injunction, not only deference but civility towards the bench has become unmodisd.

In principle this is not necessarily a bad thing. Contrary to the reiterated wisdom of the media, judges (unlike newspaper editors and leader-writers) are accountable for everything they do: accountable to the parties, accountable to the public and accountable to the higher courts which watch over them. What they are not is removable, save for misconduct or incapacity, which is as it should be if judicial independence is to mean anything at all. But being accountable means being prepared to put up with criticism silently, since judges have no right of reply. And respect for free speech means putting up with criticism which is sometimes ignorant and occasionally malicious.

This is why the guarantees of judicial independence somewhat ingenuously spelt out in section 3 of the Constitutional Reform Act 2005 matter; though one wonders at the oddly limited requirement that `ministers of the Crown must not seek to influence particular judicial decisions through any special access to the judiciary', when neither ministers nor anyone else outside the litigation can properly seek to influence judicial decisions either particularly or generally, and whether by special access or by public pressure. In recent years some ministers have used the media to launch attacks on judges who have given decisions they object to. They too need to remember, as this book reminds them, that ministers of the Crown are not beyond the reach of the law of contempt. The case which decided this has been one of the great constitutional milestones of modern times.

While protecting the courts and now the unified tribunals too from the corruption or debasement of their role remains both the most fundamental and the most sensitive (because the most self-regarding) of the judicial contempt powers, the enforcement of court orders is the purpose for which it is most frequently used. Here too the law has certainly not reached the end of the road. Indeed, critics might say that it has hardly reached the start of it so long as it continues to insist that the purpose of penalising contempt by disobedience is not to protect the private rights of litigants. The application to commit an opponent for procedural contempt is a shot in the locker of the litigation lawyer, not of the court.

Beyond this point, too, the road is strewn with boulders. To take one small example, the notion of purging contempt, with its theological underlay of penitence and forgiveness, works well enough for breach of a mandatory order: the contemner agrees that he will now do what was required of him, and the judge may let him out of gaol. But how does it work with breach of a prohibitory order? What's done is done; a penalty has been imposed of greater or less severity depending on, among other things, the degree of contumacity; but what can such a contemnor then do to purge his contempt? Unless the court is to sit on appeal against its own sentence, the role of penitence and forgiveness seems spent. And what legitimate interest has the civil contemnor's adversary in the penalty? Here, as elsewhere in this branch of the law, there is work still to be done. To prove it, if proof were needed, the European Court of Human Rights has now vindicated the doubt presciently expressed in this edition as to whether my judgment in the Interbrew case gave sufficient respect to the protection of press sources as an ingredient of free expression. A malign purpose may still tip the balance towards disclosure; but how the source's purpose can be established at the level of certainty envisaged by Strasbourg when the court ex hypothesi has no idea who the source is, is a conundrum which the next phase of contempt law will have to grapple with.

Such an ever-shifting picture is evidence less of the inconstancy of the law of contempt, though it still has many rough edges, than of the speed and extent of change in the world in which it operates. The contributors to the new edition of this pioneering text have done a service going well outside the legal profession in bringing it both up to date jurisprudentially and into kilter with a world in which technological and cultural change is setting a pace with which the law has to run to keep up.

Stephen Sedley
The Rt Hon Lord Justice Sedley
Royal Courts of Justice
August 2010

1 While the Law Reports, the Times and the Weekly Reporter respectfully refrained from reproducing it, the Law Times, as the present text notes, along with the Law Journal, did history the service of reproducing it in full - raising the question whether a full and fair account of legal proceedings is a defence to contempt as it is to libel. Darling J seems to have been unruffled by the episode: his entry in the Birmingham assize book for 1900 reads: 'A most satisfactory assize'.

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Electronic Evidence
Edition: 2nd 2010
Format: Hardback
Author: General Editor Stephen Mason
ISBN: 9781405749121
Publishers: LexisNexis, Butterworths
Price: £147
Publication Date: 26th April 2010
 
Publisher's Title Information
 

Electronic evidence is now recognised as the main source of evidence worldwide. It affects every aspect of law, criminal and civil, and with the internet, is even more important for all lawyers to understand and apply to daily practice.
 
Electronic Evidence Second edition provides you with essential guidance on how to understand electronic evidence and how to use this successfully in litigation and other means of dispute resolution. This title brings together all the issues relating to disclosure, procedure and admissibility of electronic evidence as well as comprehensive coverage of jurisdictions including Australia, Canada, the UK, Hong Kong, India, New Zealand, Singapore, South Africa and the USA.
 

Key benefits:
 
Currently the only text available on this subject
Eables you to advise on electronic evidence confidently
Covers the complexities and types of electronic evidence in one source, and also makes suggestions for further reading on more technical issues, to save you time
Ensures compliance with procedures and duties to the court for the disclosure of electronic evidence
Includes coverage of key foreign jurisdictions and a glossary to ease understanding
 

New to this edition:
 
Chapter on the practical management of digital evidence
Chapter on presumptions and digital evidence considering some false assumptions about digital evidence that have a direct bearing on the legitimacy of some findings
Fully updated material on the jurisdictions covered, including case law and legislation
Contents
PART ONE:
Fundamentals of digital evidence: The practical foundations of digital evidence, illustrated with relevant case law;
1. The sources of digital evidence;
2. The characteristics of digital evidence;
3. Investigation and examination of digital evidence;
4. Authenticity, evidential foundations and proof;
5. Presumptions and digital evidence;
6. Using graphical technology to present evidence;
7. The practical management of digital evidence;
PART TWO:
Country-specific chapters;
8. Australia;
9. Canada;
10. England and Wales;
11. Hong Kong;
12. India;
13. Ireland;
14. New Zealand;
15. Scotland;
16. Singapore;
17. South Africa;
18. United States of America;
Appendices;
1. Selected list of resources;
2. The Sedona Guidelines;
3. Commonwealth Draft Model Law on Electronic Evidence;
4. ACPO Good Practice Guide for Computer-Based Electronic Evidence;
5. Guides to ACPO from across the world

The Editors
By Stephen Mason, Barrister, with a team of international contributors Philip Argy, Arbitrator; Derek Begg, Potter Farrelly; Stephen Brady, Barrister; Seamus E. Byrne LLB, CISSP, CCE, EnCE, MCP, Security+, Lawyer; Ruth Cannon LLB (Dub), BCL (Oxon), BL, Barrister; Steve Coughlan, Professor, Schulich School of Law at Dalhousie University, Halifax Nova Scotia; Robert J. Currie, Assistant Professor, Schulich School of Law at Dalhousie University, Halifax, Nova Scotia; Chris Dale, Solicitor; M. James 'Jim' Daley; Brian W. Esler, Partner, Intellectual Property Group, Miller Nash LLP, Seattle.


Review by Rob Jerrard

This is the second edition of this excellent book, which covers a very difficult and fast-moving subject. Indeed the author finds it necessary to include a disclaimer at the very beginning, stating that it is not intended to be comprehensive but only a general guide. Very wise. We do, as the Foreword points out live in an electronic age, which can at times be overwhelming.

The book begins with a very comprehensive list of contents - Author Biography, Glossary, Table of Statutes, Table of Cases by Jurisdiction, before Chapter One looks at sources of digital evidence which includes some problem areas such as, 'Malicious Software', 'the Trojan Horse', 'Viruses', 'Encrypted Data' and 'Steganography', which is a method of hiding a message inside a digital object.

This is a very technical book covering not only England and Wales but also, Australia, Canada, Hong Kong Special Administrative Region and China, India, Ireland, New Zealand, Scotland, Singapore, South Africa and USA.

Whatever the publishers and author may claim, it must in spite of their disclaimer be an absolute must for Lawyers working in this field and certainly a valuable addition to any Barristers' Chambers, Libraries or University Library.

Rob Jerrard


The Rule of law

Edition: 1st
Format: Hardback
Author: Francis Neate
ISBN: 9781405736992
Publishers: LexisNexis
Price: £66
Publication Date: 18th Feb 2009
 

Publisher's Information:
 
Building the Rule of Law across the world is an important and vital commitment for the worldwide legal profession. This book draws together worldwide International Bar Association symposiums and other papers on the topic to provide a commentary on the subject from leading individuals and practitioners. Themes covered include: access to justice in developing jurisdictions; corruption; corporate responsibility; cross-border pro bono legal assistance; freedom of expression; extreme situations; and independence of the judiciary and the legal profession.
 

Contents
Foreword Fernando Pombo, President IBA, 20072008; Preface Francis Neate, former President IBA, 20052006; List of Contributors; 1. Introduction: a brief history of the the Rule of Law Francis Neate; 2. IBA Council's Resolution of September 2005 and accompanying commentary Francis Neate; CHICAGO Addresses to the joint IBA/ABA Symposium held in September 2006; 3. Rule of Law Opening Remarks Karen Mathis; 4. Opening Speech Francis Neate; 5. The Rule of Law: Striking a Balance in an Era of Terrorism Mary Robinson; 6. Terrorism and the Rule of Law Rt Hon Lord Peter Goldsmith MOSCOW Addresses to the Symposium held in June 2007; 7. Rule of Law and Legal Awareness Valery Zorkin; 8. The meaning and importance of the Rule of Law Francis Neate; 9. The Independence of the Judiciary Judge William Birtles; 10. Independence of the Judiciary and the Legal Profession Geoffrey Vos QC; 11. The Role of an Independent Legal Profession in Establishing and Upholding the Rule of Law a Swedish Perspective Anne Ramberg RUSSIA Address to OSCE meeting in 2007; 12. The World Rule of Law Movement and the Moscow City Chamber of Advocates Genry Reznik; THE SOUTH PACIFIC Addresses to the Symposium organised by the Law Council of Australia in August 2007; 13. Role of the Legal Profession in the Rule of Law Hon Sir Gerard Brennan AC KBE; 14. Judicial Appointments and Judicial Independence Hon Wayne Martin; 15. Independence of the Prosecution Nicholas Cowdery AM, QC SINGAPORE Addresses to the Symposium held in October 2007; 16. The Meaning and Importance of the Rule of Law Professor S. Jayakumar; 17. The Rule of Law in a Globalising World Judge Hitashi Owada AFRICA; 18. The Role of the Legal Profession in Promoting and Protecting the Rule of Law and Independence of the Judiciary (Paper written in 2008) Sternford Moyo; Address to the IBA's Annual Bar Leaders' Conference held in May 2008 19. How The Nigerian Bar Association Promotes and Defends the Rule of Law in Nigeria Olisa Agbakoba; 20. Tales of Terrorism and Torture Judge Albie Sachs; LATIN AMERICA; Edited transcript of the simultaneous translation into English of the addresses to the Symposium held in October 2008; 21. The Rule of Law: views from Latin America Jose Maria Sanguinetti; 22. The Rule of Law: views from Latin America Freddie Guevara-Cortez; 23. Question and Answer Session Paper forming the basis of an address to the Symposium held in October 2008; 24. The independence of the Judiciary and the Rule of Law Dr Leonard Despouy; GENERAL; 25. The Role of Multinational Corporations in Promoting the Rule of Law The Perspective from International Business Andy Prozes; 26. The Rule of Law The Sixth Sir David Williams Lecture, Cambridge, 16 November 2006 Rt Hon Lord Thomas Bingham; 27. Concluding Remarks Francis Neate; Index


The Author
 
Francis Neate, Kirkland & Ellis International LLP and a team of expert contributors.

Review
 
There are twenty-two contributors to this excellent publication, in addition to the general Editor Francis Neate. Since this is as the Foreword tells us, 'part of the effort.... to educate both Lawyers and society of the importance of having robust legal judicial institutions rooted in the foundations of independence, professional conduct and the implacable defence of the rule of law'.

With such a book covering an internationally important subject, the contributors are from Nigeria, Australia, Venezuela, Argentina, Singapore, Zimbabwe, Japan, Spain, Canada, Sweden, Russia, Ireland, South Africa, Uruguay and the United Kingdom. There are some very profound entries, eg Chapter 3, Karen J Mathis, President, American Bar Association said in her rule of law opening remarks “There are two ways to approach our shrinking planet: bravery or fear. We can find a way to live bravely in this new world, or we can build bunkers and preach isolationism. You are here today to stand for bravery....” To that we should add it grows with each death of any of our servicemen (of any nation) who died to preserve the rule of law.

In Page 24 Francis Neate when talking of the Summer of 1647 poses the question, that after the Parliamentary Army was winning the Civil War, some of the soldiers began to turn their minds to the question of what they had been fighting for? In the last few weeks alone 40 Commando Royal Marines have lost fourteen men. Are they and their families asking the same question, if not why not? They deserve an answer. Cromwell's soldiers realised fighting alone was not enough, at some stage it has to stop and that's when the rule of law takes over.

'The Rule of Law Perspectives from Around the Globe' seeks for a better world. One important paper by Justice Albi Sachs, on what it feels like to be a Law Lecturer in Southampton, only to discover that you are considered a Terrorist because you were a member of the ANC. His entry like so many does not make pleasant reading, but read it and other papers you must, if you believe in freedom for all. There are a lot of questions here, but only some answers.

Rob Jerrard


Tolley's Corporate Manslaughter and Homicide: A Guide to Compliance
Edition: 1st
Format: Paperback
Author:
ISBN: 9780754530664
Publishers: LexisNexis Tolley
Price: £65
Publication Date: 24/01/2008
 

Publisher's Information:
 
The Corporate Manslaughter and Homicide Act 2007 introduced a new offence, across the UK,
 
The Corporate Manslaughter and Homicide Act 2007 introduced a new offence, across the UK, for prosecuting corporations where there has been a gross failing, throughout the organisation, in the management of health and safety with fatal consequences. The result of the Act will be a new spotlight on Health and Safety compliance and increased pressure on those in corporations with responsibility for this area, from the Director down. Keep ahead of the game with this new book which provides detailed guidance on how an organisation can best comply with this controversial new legislation. The book contains a full section-by-section explanation of the Act, all the main Health and Safety regulatory guidance in one place and many practical features like case studies and checklists.

Contents
Introduction; Background; An overview of health and safety law; The law relating to manslaughter; Enforcement and penalties; Inquests and coroners courts; Individual liability; The Corporate Manslaughter and Homicide Act 2007; Wider corporate accountability; Public bodies; Construction; Manufacturing; Transport; Other vulnerable sectors; Appendices
 

The author
 
Andrea Oates
 
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    Edition: 15th
    Format: Hanrdback
    Authors: Barry Cotter & Daniel Bennett
    ISBN: 9781405743273
    Publishers: LexisNexis
    Price: £160
    Publication Date: 20/11/2009
     
    Publisher's Information:
     

    Munkman is the leading authority and the most comprehensive and analytical text in its field. It is the ideal companion to Redgrave's Health and Safety.
    Now in its 15th edition, Munkman has been brought fully up-to-date and takes into account such recent changes as the emerging areas of personal injury and stress. Other changes include:
    New chapter on insurance to reflect the increasing importance of this area including the issue of recoverability under insurance policies
    Reinstatement of the chapter on shipping law, updated with the latest cases
    New material on injury caused by bacteria, viruses and fungi
    Significant rewriting of the Work Equipment chapter to include the recent House of Lords decision in Robb v Salamis on the Provision and Use of Work Equipment Regulations (PUWER) and a number of other cases
    Overhaul of the asbestos and causation chapters to take account of the continuing pace of asbestos litigation including the groundbreaking decision in Rothwell v CICL
    Inclusion of the Corporate Manslaughter and Corporate Homicide Act 2007
    New cases on Vicarious Liability of employers for the actions of employees
    Significant development of the law relating to an employers duty to protect employees from assaults at work
    Full analysis of the first significant decision on liability for Noise Induced Hearing Loss for almost 20 years
    New decisions on Harassment at Work, notably Clark v CC of Essex and Deadman v Bristol CC
     

    Contents
    1. History of Employer's Liability Law;
    2. General Principles of Negligence;
    3. Causation, Apportionment and Contribution, Remoteness of Damage, Evidence and Liability without Negligence;
    4. The Employer's Duty of Care;
    5. Breach of Statutory Duty;
    6. Contributory Negligence, Consent to the Risk of Injury and Unpaid Volunteers;
    7. Liability of Third Parties to an Injured Employee;
    8. The Health and Safety at Work Act 1974;
    9. European Law;
    10. The General Legislation: the Framework Directive, the Temporary Workers Directives, the Management of Health and Safety at Work Regulations and Working Time;
    11. Reporting and Enforcement;
    12. Industrial Relations;
    13. Employers' Liability Insurance;
    14. Shipping Law;
    15. Psychiatric Injury, Stress and Harassment;
    16. Dust Diseases;
    17. Hand Arm Vibration Syndrome;
    18. Noise Induced Hearing Loss;
    19. Work related musculoskeletal disorders;
    20. Workplaces;
    21. Construction Sites & Work at Height;
    22. Equipment at Work;
    23. Manual Handling;
    24. Control of Substances Hazardous to Health;
    25. Other substances and phenomena;
    26. Shipbuilding, Yards and Docks;
    27. Mines and Quarries;
    28. Railways and trams;
    29. Agriculture & Forestry;
    30. Offshore Oil, Gas and Mineral Industries and Diving Operations;
    31. Foreign Accidents and Ill-health abroad
     

    General editors: Barry Cotter QC and Daniel Bennett, Old Square Chambers, with contributions from leading experts in the field
     

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