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LexisNexis Butterworths

LexisNexis Butterworths, Books Reviewed in 2011

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Butterworths Intellectual Property Law Handbook
Edition: 10th
Format: Paperback
Author: Jeremy Phillips
ISBN: 9781405763387
Publishers: LexisNexis
Price: £116
Publication Date: 31st August 2011
 

Publisher's title Information

The Tenth edition of Butterworths Intellectual Property Law Handbook provides an invaluable collection of UK primary and secondary legislation as well as EC and international materials in one manageable volume.
 
This established title is a key reference point providing you with a single source of legislative information. If you need the most accurate information when advising your clients on intellectual property, Butterworths Intellectual Property Law Handbook, Tenth edition is the perfect addition to your legal library.
New for the Butterworths Intellectual Property Law Handbook 10th edition:
Directive 2009/24 on the Legal Protection of Computer Programs
Butterworths Intellectual Property Law Handbook includes the final text of the Anti Counterfeiting Trade Agreement and relevant parts of the Digital Economy Act 2010
Regulation 1217/2010 on certain categories of research and development agreements

The Author

Jeremy Phillips

For more information go to the Publisher's Website at:-

Butterworths Intellectual Property Handbook 10th Edition 2011


Tolley's Discrimination in Employment Handbook
Edition: Second Edition
Format: Paperback
Author: By members of the employment department, Baker & McKenzie LLP and Members of Blackstone Chambers Edited by Sarah Gregory and Ellen Temperton, Partners, Baker & McKenzie LLP with a foreword by Lord Lester QC, Blackstone Chambers
The book also includes a foreword by Lord Lester of Herne Hill QC.
ISBN: 9780754538851
Publishers: LexisNexis
Price: £99
Publication Date: 31st July 2011
 

Publisher's Title Information

Tolley's Discrimination in Employment Handbook provides a practical guide to employment discrimination law. The book brings together all areas of this expanding subject in one handy portable guide providing analysis and commentary on well-known topics such as race, sex and disability discrimination as well as newer areas such as sexual orientation, religion or belief, gender reassignment and age.
Written by leading practitioners from Baker and McKenzie LLP and Blackstone Chambers the handbook outlines basic concepts common to most strands of discrimination law, and then considers each strand in detail.
Important developments covered in this edition are:
The impact of the Equality Act 2010 with effect from 1 October 2010, including significant changes introduced by the Act;
Commentary on the territorial scope of discrimination law;
Discrimination by association/perception;
Analysis of the first cases on age discrimination, including the Court of Appeal in Se!don;
Significant developments in relation to disability discrimination post- Malcolm;
Court of Appeal authority on manifestations of religion or belief, direct or indirect discrimination.
Tolley's Discrimination in Employment Handbook is a must-have resource for everyone engaged in employment law, Including in-house lawyers, those in the public sector and HR practitioners.

The Authors

By members of the employment department, Baker & McKenzie LLP and Members of Blackstone Chambers Edited by Sarah Gregory and Ellen Temperton, Partners, Baker & McKenzie LLP with a foreword by Lord Lester QC, Blackstone Chambers.

Foreword by Lord Lester of Herne Hill QC

Lord Lester QC is a practising barrister at Blackstone Chambers and a Liberal Democrat lift peer. As Special Adviser to the Home Secretary (Roy Jenkins) between 1974 and 1976, he developed policy on what became the Sex Discrimination Act 1975 and the Race Relations Act 1976. His Private Member's Bills have resulted in the enactment of Human Rights Act 1978, the Civil Partnership Act 2001, the Forced marriage (Civil Protection) Act 2007, and the Equality Act 2010.

In my preface to the first edition of this book, I looked forward to the day when the recommendations of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation, Equality: A New Framework, by Professor Sir Robert Hepple QC, Mary Coussey, and Tufyal Choudhury, published in July 2000 (`the Hepple Report') would provide the basis for a comprehensive, coherent and accessible Equality Act. That day has at last come.
The Hepple Report was followed by the Discrimination Law Review: A Framework for Fairness: Proposals for a Single Equality Bill for Great Britain, published in June 2007. The passage of Labour government's Equality Bill was protracted, but the Equality Act 2010 (`the Act') received Royal Assent on 24 April 2010, on the eve of the general election in May 2010. The main provisions of the Equality Act 2010 came into force on 1 October 2010. It is the most innovative and radical equality legislation in the common law world.
The Act is important for public and private law practitioners alike, and affects most areas of current law. It provides for equal treatment without direct or indirect discrimination in employment, housing, education and the provision of public services. It gives new protection to the fundamental right to equal treatment without discrimination anchored in Article 14 of the European Convention on Human Rights and EU equality legislation.
The Act clarifies and extends the concepts of discrimination, harassment and victimisation and applies them across nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
The Act
Extends the circumstances in which a person is protected against discrimination, harassment or victimisation because of a protected characteristic;
Extends the circumstances in which a person is protected against discrimination by allowing people to make a claim if they are directly discriminated against because of a combination of two relevant protected characteristics;
Allows an employer or service provider or other organisation to take positive action so as to enable existing or potential employees or customers to overcome or minimise a disadvantage arising from a protected characteristic
Extends the permission for political parties to use women-only shortlists for election candidates to 2030;
Enables an employment tribunal to make a recommendation to a respondent who has lost a discrimination claim to take certain steps to remedy matters not just for the benefit of the individual claimant (who may have already left the organisation concerned) but also the wider workforce;
Amends family property law to remove discriminatory provisions and provides additional statutory property rights for civil partners in England and Wales so as to enable the United Kingdom to ratify Protocol 7 to the European Convention on Human Rights;
Amends the Civil Partnership Act 2004 to remove the prohibition on civil partnerships being registered in religious premises.
Empowers the government to enact appropriate harmonising provisions in response to any future EU imposed equality obligations (notably for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation {SEC(2008) 2180) {SEC(2008) 2181) forwarded to the EU Council on 8 July 2008.
The provisions on the public sector equality duty (ss 149-157), and s 159 (positive action in recruitment and promotion) will come into force on 6 April 2011. Draft regulations setting out what the specific duties supporting the public sector duty will require public bodies to do, and to which of the public bodies listed in Schedule 19 to the Act they will apply, have been published. The government will soon finalise the draft Regulations and lay them before Parliament for debate to come into effect on 6 April 2011. A draft order amending Schedule 19 will also be laid to come into force on that date. Guides are available on the web on the public sector duty and on positive action in recruitment and promotion; http://www.equalities.gov.uk/pdf/Public%20Sector %20Equality°/020Duty%20guide.pdf and http://www.equalities.gov.uk/pdf/Positive%20Action 9620in%20Recruitment9620and%20Promotion%20Guide%201.pdf.
The government will not bring into effect s 1 of the Act, which would have imposed a vague and unenforceable duty on public bodies to consider socio-economic disadvantage when carrying out their public functions.
The Explanatory Notes published with the Act provide lucid guidance on the structure and content of the new Act, and are available on the government's legislation web-pages; http ://www.legislation.gov.uk/ukpga/2010/15/notes/contents.
The Act defines nine protected characteristics: age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race (including colour, nationality and ethnic or national origins), religion or belief, sex and sexual orientation. Powers are conferred to enable caste discrimination to be made unlawful as part of the definition of unlawful racial discrimination.
The Act defines the types of conduct which are prohibited (direct discrimination, indirect discrimination, victimisation and harassment) which apply (with limited exceptions) to all the protected characteristics. The particular issues faced by the disabled are reflected in a definition of direct discrimination which acknowledges that disabled people need to be protected but not necessarily by being treated in exactly the same way as those who are not disabled. The duty to make reasonable adjustments for the disabled remains and the concept of indirect discrimination is extended to disability for the first time.
European law will continue to influence the interpretation of the Act .
Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation; Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access and supply of goods and services; and European Parliament and Council Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment between men and women in matters of employment and occupation (recast).
Apart from European Union law, the European Court of Human Rights has recently recognised that Article 14 of the Convention applies not only in areas covered by other Convention rights, but also where the State has voluntarily decided to provide additional rights: see pi v United Kingdom Application no. 37060/06, 28 September 2010, paragraph 45.
The pre-existing public sector equality duty applied only to race, sex and disability. It now applies to the other protected characteristics and has three elements:
The elimination of discrimination, harassment, victimisation and any other conduct prohibited by the Act;
The advancement of equality of opportunity between persons who share a relevant
Characteristic and persons who do not share it;
Fostering good relations between persons who share a relevant characteristic and persons who do not share it.
This duty is only enforceable by judicial review and the effective exercise of the Equality and Human Rights Commission's (`EHRC;) strategic enforcement role will be essential. The Act provides a mechanism whereby the EHRC can issue a compliance notice and if the public authority in question fails to comply with it, the EHRC may then seek a court order requiring the authorities to comply.
The EHRC, created by the Equality Act 2006, came into operation in October 2007. The EHRC brought together the three existing British equality commissionsthe Equal Opportunities Commission (EOC), the Disability Rights Commission (DRC), and the Commission for Racial Equality (CRE)and was the first statutory body in Great Britain charged with the protection and promotion of human rights. (The Northern Ireland Human Rights Commission, in existence since March 1999, was created by the Northern Ireland Act 1998, s 68, in compliance with a commitment made by the UK Government in the Belfast (Good Friday) Agreement of 10 April 1998).
The EHRC has issued statutory Codes of Practice which inform the application of the Act:
A Code of Practice on Equal Pay;
A Code of Practice on Employment;
A Code of Practice on Services, Public Functions and Associations.
The Codes were issued by the EHRC on 26 January, paving the way for them to be brought into force. It is anticipated that they will be brought into force by a separate Order in late February 2011.
Much will depend upon the knowledge and skill of discrimination practitioners and the judiciary in translating the Act's legal principles and rules into practical reality, not only in the interests of their clients but in the wider public interest. The detailed chapters which follow provide guidance for legal practitioners and public and private bodies.

Anthony Lester QC

For more information go to the Publisher's Website at:-

Tolley's Discrimination in Employment Handbook Second Edition


Lissack and Horlick on Bribery
Edition: 1st
Format: Hardback
Author: Richard Lissack & Fiona Horlick,
ISBN: 9781405764575
Publishers: LexisNexis
Price: £200
Publication Date: 24th May 2011
 

Publisher's Title Information

Are you prepared for the new Bribery Act? In April 2011, the much criticised system of bribery law will be replaced by a tough new anti-corruption regime.
 
The new Act introduces changes including a controversial corporate offence and challenges surrounding when is a bribe a bribe, all with extra-territorial application. Businesses and their advisors are in a new dawn of uncertainty, with vast pressure on corporations to comply with the new law and to face serious penalties if they fail.
Benefits of Lissack and Horlick on Bribery
This brand new work on Lissack and Horlick on Bribery offers a comprehensive overview of the new legislation set in both a national and international context with a full explanation of the scope of the Act together with guidance on anti-corruption measures and sentencing.
 
Written by expert practitioners in white collar international crime (with magic circle and FCPA practitioner contributions), Lissack and Horlick on Bribery offers a definitive voice amid fear and confusion toward the new bribery legal system. While both authoritative and accessible, Lissack and Horlick on Bribery offers a clear emphasis on all practical issues with each chapter ending with a bullet-point list summarising key points to be considered.

Contents

History and Context
2. Role of Non Government Anti Corruption Organisations
3. UK Legislation Prior to the Act
4. The Bribery Act 2010
5. When is a Payment a Bribe
6. Adequate Procedures
7. The International Perspective
9. The Prosecuting Authorities
10. To Plead or Not to Plead
11. Other Fields
Appendix: Bribary Act 2010

Authors & Contributors

By Richard Lissack QC, Barrister, Outer Temple Chambers; Fiona Horlick, Barrister, Outer Temple Chambers; Jonathan Cotton, Partner, Slaughter & May; Kevin T. Abikoff, Partner, Hughes Hubbard & Reed; Ed J.M. Little, Partner, Hughes Hubbard & Reed; John F. Wood, Partner, Hughes Hubbard & Reed; Michael Bowes QC, Barrister, Outer Temple Chambers; Brendan Finucane QC, Barrister, Outer Temple Chambers; Robert Rhodes QC, Barrister, Outer Temple Chambers; Andrew Short QC, Barrister, Outer Temple Chambers; Clare Baker, Barrister, Outer Temple Chambers; Keith Bryant, Barrister, Outer Temple Chambers; Eleanor Davison, Barrister, Outer Temple Chambers; Robert Dickason, Barrister, Outer Temple Chambers; Kate Edwards, Barrister, Outer Temple Chambers; Antony Haycroft, Barrister, Outer Temple Chambers; James Leonard, Barrister, Outer Temple Chambers; Nicholas Medcroft, Barrister, Outer Temple Chambers; Robert-Jan Temmink, Barrister, Outer Temple Chambers; Michael Uberoi, Barrister, Outer Temple Chambers

Preface

The Bribery Act 2010 marks a step change in the UK's approach to bribery and corruption. The aim of this book is to provide a complete guide to the Act in a practical and accessible way.

Aspects of the Act are highly controversial. Whilst much of the previous law relating to individual culpability derived from statutes of some antiquity, and the common law developments along side, remain relevant, the Act changes forever the legal landscape in other respects. The concept of corporate liability for both the primary offences of bribery and the secondary offence created by section 7 is entirely new The single statutory corporate defence of havihg adequate procedures in place is again fresh in formulation and application. That it is a burden placed on the defence to discharge may in due course raise again the interaction between the reverse burden of proof in a criminal statute and fair trail rights. Furthermore, the introduction of the concept of fixing senior officers of corporations with criminal liability for its bribery through the portal of consent or connivance is entirely novel in this area of law, borrowing from principles well-established in other areas of regulatory crime. The reach of the statute is novel too: it applies not just to commercial entitiesit goes far wider than that. More extensive still is its jurisdictional reach, which appears to be worldwide and certainly makes this Act a long-arm statute that stretches far beyond the US Foreign Corrupt Practices Act, for example.

Covering all aspects of the statute, this book embraces international comparative standards, compares our law with that of the United Stateshelpful we hope to the many organisations whose activities may attract the attention of the authorities in both countries. It covers sport, specific high risk areas of commerce, as well as viewing the Act through the prism of employment law rights and responsibilities too. Its analysis of the adequate procedures measures should provide a very useful working guide to proportionate compliance.

We hope that this book provides to practitioners and others alike a useful guide to the law as it now is and how it should be complied with.

The authors are a distinguished team of practitioners in the UK and the US with experience and authority in their chosen subjects. Our colleagues from Outer Temple Chambers have a collective breadth of proven expertise, which they have brought to bear very effectively on this book. Jonathan Cotton from Slaughter and May brought a particular perspective to Chapter 6 which is both illuminating, thoughtful and practical, and the work of the distinguished team of FCPA practitioners from Hughes Hubbard Reed LLP provides an excellent synthesis of the Bribery Act's closest cousin. Many thanks to them for their excellent work.

We would all like to thank the team at LexisNexis for inviting us to write this book, and for their expertise in editing and publishing it. Special thanks are due to our editor, without whom the book would never have been completed. The law stated is correct as at the date of publication.

Richard Lissack QC & Fiona Horlick


Link to Publisher's Website

http://www.lexisnexis.co.uk/store/uk/Lissack-and-Horlick-on-Bribery/product

Review

Prior to the Act, bribery was based on the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916, a body of law described as "inconsistent, anachronistic and inadequate". This is a very comprehensive and welcome book on an important new statute. The Ministry of Justice have issued Guidance about procedures which relevant commercial organisations can put into place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010). In the Foreword Ministry say that "Bribery blights lives". Its immediate victims include firms that lose out unfairly. The wider victims are government and society, undermined by a weakened rule of law and damaged social and economic development. At stake is the principle of free and fair competition, which stands diminished by each bribe offered or accepted. The Bribery Act 2010 received Royal Assent on 8 April 2010. A full copy of the Act and its Explanatory Notes can be accessed at: www.opsi.gov.uk/acts/acts2010/ukpga_20100023_en_1

The Act creates a new offence under section 7 which can be committed by commercial organisations which fail to prevent persons associated with them from committing bribery on their behalf. It is a full defence for an organisation to prove that despite a particular case of bribery it nevertheless had adequate procedures in place to prevent persons associated with it from bribing. Section 9 of the Act requires the Secretary of State to publish guidance about procedures which commercial organisations can put in place to prevent persons associated with them from bribing. This document sets out that guidance. As well as the Authors there are 20 distinguished contributors and the book also contains the statute at appendix 1.

Rob Jerrard


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