LexisNexis Butterworths
LexisNexis Butterworths, Books Reviewed in 2012
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The Civil Court Practice 2012 (The Green Book)
Edition: 2012
Format: Hardback, two volumes, forms, procedural tables and CD ROM
Author: Editor-in- Chief, The Right Honourable Lord Neuberger of Abbotsbury
ISBN: 9781405765640
Publishers: NexisLexis (Butterworths)
Price: £445
Publication Date: 31/03/2012
Publisher's Title Information
Buy a copy of the Civil Court Practice 2012 and get the eBook free.
The Civil Court Practice (otherwise known as the Green Book) is the essential guide to bringing, defending and appealing civil proceedings and is an indispensable source of reference for all practitioners whether in the High Court or county courts. It provides focused, authoritative and comprehensive coverage of the CPR and is fully cross-referenced to Butterworths Civil Court Precedents.
EBook edition - Expert advice on the move
The eBook enables you to access important information wherever and whenever you need it. Now you can annotate, highlight, add bookmarks and search your Green Book on your smart phone, tablet or laptop. Don't forget to provide your email address when you order to ensure you get your eBook.
For more information on LexisNexis eBooks please visit: www.lexisnexis.co.uk/eBooks.
Read more about the benefits of LexisNexis eBooks (opens into a pdf document).
Get FULL COVERAGE of new legislation, practice and procedure, including:
Full update of the Civil Procedure Rules
All relevant case law updates
Revision of Costs section to take into account developments from the Jackson Review (as and when they happen)
Expansion of the section on Mental Health and Mental Capacity, including Court of Protection Rules
Part 52 appeals
New Part 81 on Contempt of Court
Updates to Tenancy deposit scheme
New general protocol for pre-action conduct
Public sector equality duty updates
Amendments to the Mobile Homes Act 1983
Revision of the Personal Injury section
When you order The Green Book you will receive:
1) Volume One examines procedure in the civil courts and contains the Civil Procedure Rules 1998.
2) Volume Two covers general and more specific jurisdiction of the civil courts. Included in Volume 2 are the Supreme Court Rules and PDs and the Judicial Committee of the Privy Council Rules and PDs.
3) Also included is a supplement containing the procedural tables for easy desk top reference. These invaluable tables set out the procedures to be followed in different circumstances, minimising the risk of error. They are of particular worth in complicated or lengthy procedures which have to be completed against the clock. There is an updated replacement supplement in October.
4) A separate forms supplement sets out all available forms listed in CPR PD 4 together with some additional forms.
5) A CD-ROM provides the full text and the complete set of fillable and downloadable forms.
6) A regular newsletter, Civil Court News, containing case summaries and articles.
7) FREE eBook edition of the Green Book 2012!
Essential commentary and explanatory notes are included throughout, written by an expert editorial board, including Master of the Rolls, Registrar of the Supreme Court, members of the Civil Procedure Rule Committee, district judges and leading practitioners. A Green Book subscription also includes a completely updated Volume One reissued for free in October, as well as updating supplements throughout the year.
Available in 4 formats - book, CD-ROM, eBook and online as part of the Civil Procedure menu. The Green Book can be with you wherever and whenever.
Subscribers who take The Civil Court Practice on standing order each year can receive a discount on the price.
Paterson's Licensing Acts 2012
Edition: 2012
Format: Hardback, Two Volumes
Author: Jeremy Phillips; Simon Mehigan QC, and His Honour Judge John Saunders QC
ISBN: 9781405758062
Publishers: NexisLexis (Butterworths)
Price: £280
Publication Date: 19th Dec 2011
Publisher's title Information
Paterson's Licensing Acts is the definitive work of reference dealing comprehensively with licensing law in England and Wales.
It provides a detailed and clear analysis of new and forthcoming changes in licensing law and incorporates all relevant legislation, regulations, orders, standard forms and precedents to provide a fully comprehensive and up-to-date reference source for practitioners
What is Included in Paterson's Licensing Acts 2012 Edition
This new edition contains a summary of the major changes over the past 12 months and is made up of two volumes: Alcohol, Refreshment and Entertainment Licensing and Betting, Gaming and Lotteries.
Is comprehensive with all the latest changes since the last edition
The existing statutes and statutory instruments are all updated and new statutory material added where relevant. Includes a CD-ROM containing the full text of the book, plus historical materials no longer included in the hard copy.
Paterson's Licensing Acts CD-ROM also includes forms and is fully searchable for ease-of-use.
The CD-Rom is published mid-year and sent free to subscribers as part of their subscription.
The Authors
General Editors: Jeremy Phillips, Francis Taylor Building; Simon Mehigan QC, Francis Taylor Building; and His Honour Judge John Saunders QC
Reviews to Date
Paterson's is back on top form this year. A general tidying-up and corrections of some minor heading and annotation errors has been accompanied by a very up-to-date review of licensing and a confident and authoritative foreword which is reminiscent of earlier years and is worthy of reading in its own right. It concentrates understandably in the first volume on the changes to the Licensing Act 2003 brought about by the Police Reform and Social Responsibility Act 2011, which was fortunately passed at just the right time for publishing requirements. This has allowed not only for an extended explanation of the main effects of the Act in the foreword, but also what amounts to a Keeling Schedule type amendment of the principal Act which will be invaluable later in the year when the changes take full effect. Even now, it gives pointers to the areas where practitioners are going to have to adapt their approach to applications and appeals, and for this reason alone purchase of the current edition seems to provide excellent value for money.
One also gets the impression that the footnotes have been improved and expanded particularly in the alcohol and entertainment section. It is the explanatory notes, together with relevant cases, which make Paterson's unique in its presentation of licensing law and this is arguably the most important aspect of the work, rather than its considerable bulk.
Volume 2, which is principally concerned with gambling law, has shrunk by some 200 pages but is still the larger tone, principally reflecting the huge amount of supplementary material which this area of the law tends to spawn.
The appeals section at the back of volume 2 understandably includes the ruling in the Hope & Glory case, but also contains valuable material on a range of appeals in licensing and gaming matters.
It is as a desk reference that it is at its most valuable. This year's edition certainly maintains the high standard of the work and is to be highly recommended as the main point of reference for licensing.
Licensing Review
Anthony & Berryman's Magistrates' Court Guide 2012
Edition: 2012
Format: Paperback
Author: Edited by FG Davies
ISBN: 9781405760317
Publishers: LexisNexis
Price: £89
Publication Date: 30 Nov 2011
Publisher's Title Information
If you're dealing with the magistrates' courts, you'll need this annual guide on your shelf. Anthony and Berryman's Magistrate Guide 2012 is a practical compendium that aims to update your knowledge of legislation and case law.
A logical structure makes it very easy to find information on various types of offences. There is guidance on key cases and practice developments and a wealth of new material:
Family Procedure Rules 2010 covered including PD 15A and President's guidance on protected parties
Updates to take account of Criminal Procedure Rules 2011
Coverage of new legislation including Bribery Act 2010
Domestic Violence Protection Notices and orders of the Crime and Security Act 2010.
The 2011 edition includes interesting new cases. These discuss Magistrates' Court appeals against a decision of a local authority, which laws apply to judging unlawful conduct outside of the UK, as well as the difference between “reasonable suspicion” and “reasonable grounds for belief”.
Split-up into the various types of offences, Anthony and Berryman's Magistrate Guide has grown over the years. Apart from the usual sections on bail and indexes for crime, other handy resources include tables of cases, tables of statutory instruments, tables of maximum penalties, a chunky index to criminal offences.
Anthony and Berryman's Magistrate Guide 2012 will save you time with easy access on annual updates to the law.
The Author
By F G Davies BA, Barrister, Deputy Clerk to the Justices, North Cambridgeshire
Preface
Similar to last year's edition there has noticeably been less Parliamentary activity than in the previous decade. This can be no bad thing. Legislation should be given time to bed in. The current executive is therefore bucking the trend. This may be set to change shortly. There are a veritable raft of provisions to be found in the Legal Aid, Sentencing and Punishment of Offenders Bill. In its current form, the said Bill, if enacted, will have a significant impact on the work of the practitioner appearing in the criminal courts, notably courts of summary jurisdiction. On a personal note, I find it inexplicable that sections of the Criminal Justice Act 2003, which purported to increase the sentencing powers of adult court magistrates, are to be swept away at a stroke (having never been piloted or implemented by way of secondary legislation). It is hard to find a justification when one considers the sentencing powers exercised by justices adjudicating in the Youth Court.
The Identity Cards Act 2006 was replaced by the Identity Documents Act 2010 in early January 2011 (section A[32]). As far as magistrates' courts are concerned, the legislation re-enacts the former provisions. The text has been amended to reflect the decision of the Court of Appeal in December 2010, that is, R v M (A) [2010] EWCA Crim 2400.
A substantial part of Chapter I, Part 1 of the Violent Crime Reduction Act 2006 {drinking banning orders) was brought into force on 31 August 2009 (section B [32.A]). In relation to civil applications rules of court have been made governing the forms and procedure which must be adhered to in relation to orders under ss 3 and 9 of the 2006 respectively: see the Magistrates' Courts (Drinking Banning Orders) Rules 2009, SI 2009/2937 and the Criminal Procedure Rules 2010, r 50.2 onwards.
From 1 November 2010 a drinking banning order may be made on conviction where an offender aged 16 years or over is convicted of an offence and at the time he committed the offence he was under the influence of alcohol. An order may only be made on conviction in relation to specified local justice areas by way of secondary legislation: see SI 2010/469 and SI 2010/2541.
During the last 12 months the focus of attention has shifted to the manner
in which companies, their officers, or government officials conduct business
in a global market. The same observation can be made in relation to the election or re-election of the head of FIFA. As a result, the Bribery Act 2010 was brought into force earlier this year. Some of the offences are triable either way and hence, the addition of a new section at A[89].
Despite the relative paucity of new legislation, there have been numerous decided cases, Practice Directions, protocols and directions flowing from eg the Senior Presiding Judge and the President of the Family Division. As far as the President of the Family Division is concerned, guidance has been added to section D of the book (eg see D[1.20]).
The most significant revision this year was the publication of the Sentencing Council's guidelines for assault offences. The changes have been incorporated into the text in section A. The emphasis has shifted to the culpability of the offender and the degree or risk of harm created by his criminal conduct. The Council has indicated that the assault template will form the blueprint for future guidelines, The Council consulted earlier this year on offences of burglary (domestic and non-domestic). New burglary guidelines were published on 13 October 2011 and come into force on 16 January 2012. There was just time to incorporatc,, the same into this year's edition.
Since publication of the 2011 edition, the Criminal Procedure Rules have been amended twice (the latter coming into force on 3 October 2011), while the Civil Procedure Rules 1998 and the Family Procedure Rules 2010 have also changed, reflecting the policy of the senior judiciary to regulate the procedures of magistrates' courts and the county courts. Where relevant, changes to the rules have been incorporated into the text.
In last year's edition at para A[41.3], I questioned whether a restraining order on acquittal was compatible with the European Convention on Human Rights and the presumption of innocence. In R v Major [2010] EWCA Crim 3016, it was held that s 5A(1) of the Protection from Harassment Act 1997 was inserted to deal with those cases where there is clear evidence that the victim needs protection but there is insufficient evidence to convict of the particular charges before the court. The victim need not have been blameless and the court's added powers avoided the need for alternative proceedings to protect the victim, added costs and delay. The fact that a criminal court was unsure that the alleged conduct amounted to harassment did not mean that there was no risk of future harassment. Even though the required criminal standard of proof might not have been met, a restraining order was a civil order and the civil standard of proof applied. R v Major was followed just two weeks later in R (on the application of Gonzales) v Folkestone Magistrates' Court [2010] EWHC 3428 (Admire). In relation to the standard of proof, it is respectfully submitted that R v Major was wrongly decided and takes no account of binding precedent ie R (McCann) v Crown Court at Manchester [2002] UKHL 39.
Under the Protection from Harassment Act 1997, s 4, the prosecution has to prove, in addition to the statutory requirements, the elements identified in Thomas v News. Group. Newspapers Ltd (2001) EWCA Civ 1233, (2002) EMLR 4, namely that the conduct was targeted at an individual, was calculated to alarm or cause him distress, and was oppressive and unreasonable: see R v Mohamed Enamul Hague [2011] EWCA Crim 1871 at section A[41].
In para C[49.10] onwards, the reader will note that there have been several challenges to speeding convictions where the defence has sought to argue that a conviction could not be sustained because of eg the location, size, character or composition of the speed sign. Recent decisions such as Jones (Craig Nicholas) v DPP [2011] EWHC 50 (Admin), confirm that the High Court has adopted a purposive approach to the interpretation of the Traffic Signs Directions and Regulations 2002.
In the first decade of this century, the jurisdiction of magistrates to regulate liquor licensing and betting and gaming premises was removed. As far as the former was concerned, justices have retained an appellate jurisdiction from licensing decisions of local authorities (section F). 201,1 has been a busy year. There have been a number of decided cases. For example in Khan v Coventry Magistrates' Court and Coventry City Council [2011] EWHC Civ 751, it was held that the justices' function is to consider the application by reference to the statutory licensing objectives untrammelled by any of the regulations that govern the procedure for a review under s 51 of the Licensing Act 2003. The justices are therefore entitled to consider evidence of events occurring before the application to the licensing authority as well as evidence of events occurring since its decision. Magistrates, therefore, are not limited to considering only those grounds of complaint that were raised in the notice of application or the representations before the licensing authority.
For economy of space, last year I decided to edit the majority of supplementary material at the end of each Sentencing Council guideline in Section A. Being mindful of the fact that Anthony & Berryman has already grown by several hundred pages in the last few years, the plan is to conduct a similar review of Section C (Road traffic offences) in the near future. I also pose the question as to whether it is time to cut down or omit several sections of Anthony & Berryman which may have outgrown their use. Feedback from our subscribers would be most welcome.
The law is as stated as 1 October 2011 unless otherwise indicated. As ever I have proof read the text in an effort to eradicate any substantive or typographical errors. Any errors are nonetheless solely attributable to me.
F G Davies
Deputy Justices' Clerk, Cambridgeshire, October 2011
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