"Internet Law Book Reviews" Provided by - Rob Jerrard LLB LLM (London)

Books by Jordan Publishing

& Family Law 2010
Child law Essential Court Materials
Edition: 1st
Format: Paperback
Author: His Honour Judge John Mitchell
ISBN: 978 1 84661 230 5
Publishers: Jordan Publishing
Price: £40
Publication Date: August 2010
 
Publisher's Title Information

This new work is a slim portable A4 volume which contains key statutory extracts and passages from leading judgments.
This portable newwork contains key statutory extracts and passages from leading judgments and will ensure you have accurate references to hand while at court.
Each topic is covered in usually one but no more than two or three pages anda quote from a statute or a case, bullet points or a mixture of all three.

Contents

General
Welfare Test
Standard of Proof
Domestic Violence
Expert Evidence
Restraining Further Applications
Communicating with the Home Office
Police Protocol
European Convention For The Protection Of Human Rights And Fundamental Freedoms 1950
Articles 2, 6, 8, 10
Considering Article 8:
Private Law
Parental Responsibility
Paternity Testing
Contact
Change of Name
Removal from the Jurisdiction
Interim Residence Order - Applications Without Notice
Interim Contact Order
Permission to Apply for an Order
Special Guardianship
Rule 9.5 Guardians
 
Public Law
Threshold Test
Interim Care andOrder
The Child as Witness
Assessments
Uncertain Perpetrator
CarePlans
Adoption
Welfare Test
Dispensing with Consent
Adoption Procedure: Overriding Objective
Child Abduction
Convention on the Civil Aspects of International Child Abduction
Habitual Residence
Costs
General Costs Rule
Wasted Costs
Appeals
Reasons
Fresh Evidence
Discretion
Miscellaneous
Useful Addresses
Calendar

The Author

His Honour Judge John Mitchell


Party Walls - Law & Practice
Edition: 3rd 2009
Format: Paperback
Authors: Stephen Bickford-Smith, Colin Sydenham, Alistair Redler
ISBN: 978 1 84661 179 7
Publishers: Jordan Publishing
Price: £60
Publication Date: Dec 2009
 
Publisher's Title Information

An authoritative explanation of the law regulating the building, maintenance and repair of party walls, and sets out the process for settling disputes between parties.
Party Walls: Law and Practice provides an authoritative explanation of the law regulating the building, maintenance and repair of party walls, and sets out the process for settling disputes between parties under the Party Wall etc Act 1996.
This third edition has been fully updated and considerably expanded to incorporate the key developments, including:
important case-law such as Zissis v Lukomski [2006] on the appropriate procedureappeals, Manu v Euroview Estates [2008] which contains a review of a numberof important practical issues relating to party walls procedure, and Blake v Reeves[2009] concerning the limits of the surveyors' power to award costs of legal
A new chapter on the Practical Role of the Party Wall Surveyor; and
A new section on remedies for failure to comply with procedures under the Act.
A comprehensive selection of precedents is provided, including notices, appeals, requests and awards, together with the full text of the Party Wall etc Act 1996.
Party Walls: Law and Practice is essential reading for all property lawyers, surveyors

Contents

Introduction
Application of the Act
Rights of Building Owners
Adjacent Excavation and Construction
Special Foundations
Ancillary Rights and Obligations
Rights of Entry
The Award - Procedure and Scope
The Award - Effect and Enforcement
Rights of Appeal
Financial Matters
Security for Expenses
Service of Notices
Successors in Title
Relationship with Other Areas of Law
The Practical Role of the Party Wall Surveyor
Criminal Offences
Reform
Appendices
Party Wall Etc Act 1996
London Building Acts (Amendment) Act 1939
Checklists of Notices
Precedents
The Party Wall etc Bill in Parliament
Errors and Inconsistencies

Reviews

"an indispensable guide to party walls ... if you haven't already done so go out and order your copy now" Solicitors Journal
 
"invaluable for legal practitioners, architects, surveyors and builders ... the overall utility of the book cannot be overemphasised" New Law Journal

The Authors

Stephen Bickford-Smith, Barrister, Landmark Chambers
Colin Sydenham
Alistair Redler, Partner, Delva Patman Associates

PREFACE TO THE THIRD EDITION

The 5 years since the second edition have seen a significant number of reported cases on the provisions of the Act decided in county courts and the Court of Appeal. The resulting developments of the law, whilst not requiring wholesale rewriting of the relevant text in most instances, have necessitated fairly extensive detailed revisions to most chapters. A new chapter (numbered 16) contributed by Alistair Redler, a speciarst chartered surveyor, discusses practical aspects of the procedures under the Act for appointed surveyors. Alistair has also made some suggestions for improving the text of the other chapters, which we have incorporated-- The revision and expansion of the text to discuss points of difficulty

been taken forward from the second edition, with new sections covering such matters as contracting out and the remedies available where the provisions of the Act are disregarded. The precedents in Appendix 4 have been overhauled.

The Law is stated as at 30 November 2009.
STEPHEN BICKFORD-SMITH COLIN SYDENHAM
St Andrew's Day 2009

Preface to the First Edition

Nan tua res agitur parties cum proximus ardet.'

For it is your business if your neighbour's party wall catches' fire)

(Horace Epistles I, xviii, 84)

The words of Horace attest the antiquity of concerns about party walls. And no wonder, since man is an intensely territorial animal, and party walls demarcate the boundaries between adjoining private territories. Two millennia after Horace, Robert Frost's neighbour observed that 'Good fences make good neighbours', yet the common law, with its insistence on the sanctity of each neighbour's property rights, will often frustrate the good neighbour who wishes to repair, rebuild or improve (let alone develop) a party wall.

As a result, local statutory regimes have been enacted which establish summary procedures enabling party walls to be dealt with in ways which are approved by a panel of surveyors. The best known of these regimes is in Inner London, where its origins can be traced back to the years immediately after the Great Fire. A succession of London Building Acts culminated in that of 1939, which still owed much to its predecessor of 1894. Now, for the first time, this metropolitan regime, with relatively minor modifications, is to be extended to the whole of England and Wales by the Party Wall etc Act 1996.

The relaxation of the common law straitjacket is welcome. So is the unique and expeditious procedure for the resolution of disputes. The system has worked well in London, and this is demonstrated by the fact that only a handful of cases on it have reached the law reports this century. Partly this success must be attributable to a corps of experienced surveyors who are familiar with the legislation: partly also, no doubt, to ignorance of the legislation on the part of the public, coupled with neighbourly forbearance.

Whether the system will work well on a countrywide scale remains to be . The Law Society opposed the Bill, partly on the ground that the costs of the dispute resolution procedure will be out of proportion to the modest value of many of the properties which will now be affected. There are technical reservations too. The Act is by no means emancipated from its nineteenth century parentage. It imposes contingent liabilities on owners of land, but it is a stranger to the techniques of registration which have been with us since 1925. It does not recognise the existence of successors in title. It is harsh to occupiers who do not satisfy its definition of 'owner'. These points are elaborated in the text.

Halsbury apart, there is no book on party walls written by and for practising lawyers, and there are many professionals throughout the country, surveyors and land agents as well as lawyers, who will now need to familiarise themselves with the workings of the 1996 Act. This book is intended for them. We have endeavoured not only to provide an introduction to the Act, but to set the legislation in its conveyancing and property law context. The appendices include the text of the 1996 Act and of Part VI of the 1939 Act, a checklist of the notices that are required by the 1996 Act, and a set of precedents. We hope that these will all be of practical use. We have not thought it necessary to include the text of the 1894 Act, but in preparing this book we have had frequent recourse to the commentary on that Act written by A.R. Rudall and published, as it happens, by Jordan & Sons Ltd in 1922. It is appropriate that this book should be published under the successor imprint. We record our grateful thanks to the professional team who have helped us through the pains of authorship. The authors and publishers are grateful to The Stationery Office for giving their kind permission to reproduce the statutory materials in this book.

STEPHEN BICKFORD-SMITH COLIN SYDENHAM
December 1996


Psychiatry of Violence: A Guide for Lawyers
Edition: 1st
Format: Paperback
Author: B Mahendra
ISBN: 978 1 84661 171 1
Publishers: Jordan Publishing
Price: £50
Publication Date: March 2009
 

The primary purpose of this new book is to set violent behaviour not only against a background of mental disorder but also in relation to the social, cultural and personal pressures which can impinge on an individual who goes on to perpetrate violence. There is undoubtedly a public preoccupation with violence in all its manifestations. However, there is considerable misunderstanding of the psychiatric aspects of violent and aggressive behaviour. First, the perception of violence perpetrated by the mentally disordered is often a mistaken one. In fact, there are relatively few incidents of violent behaviour due to those suffering from mental disorder, although much publicity attends any act of violence that is derived from these patients. Secondly, even where the mentally disordered patient is the perpetrator of violence, the mental disorder, per se, is not usually the only causative factor. Mentally disordered patients, like everyone else, are subject to the forces of society, culture and personality and this fact must be appreciated if a clear understanding is to be achieved of the psychiatry of violence.
 
The Psychiatry of Violence: A Guide for Lawyers is an invaluable guide for legal practitioners involved in criminal law and family/child law and also other professionals who work within situations where they are called upon to evaluate the risks of violent behaviour (eg social workers, children's guardians, probation officers, community workers/counsellors dealing with both offenders and victims, and those involved in making policy).
 

Contents
 
Part I
An introduction to violent behaviour and its roots
Part II
Introduction - violence in relation to mental disorder
Organic mental disorders
The psychotic disorders
Disorders of mood
The neuroses
Disorders of dependence and appetite
Disorders of personality and psychopathy
Learning disabilities and developmental disorders
Special situations and unusual disorders involving psychiatric violence
Part III
Domestic violence
Serial and sexual violence
Public and political violence
Appendices
Psychiatric assessment of violent behaviour
Domestic violence: A National Report
Select Bibliography
Glossary
 

The Author
B Mahendra, Consultant Psychiatrist and Barrister, London


Substance Misuse in Psychiatry: A Guide for Lawyers
Edition: 1st
Format: Paperback
Author: B Mahendra
ISBN: 978 1 84661 147 6
Publishers: Jordan Publishing
Price: £50
Publication Date: Sept 2008
Publishers Title Information

The misuse of substances has become a notable public health problem over recent years. This medical speciality is conventionally dealt with by psychiatrists who are being called upon with increasing frequency to give expert opinions on how substance misuse impairs functioning in various areas of the law, including crime, family/child practice and employment.
The law has developed its own rules, many of them based on public policy, to deal with parties involved with these situations and in related litigation. The background to understanding the issues in medico-legal situations also includes consideration of social and cultural factors and clinical presentation following misuse. This book deals with all relevant aspects of substance misuse, as it concerns psychiatric practice in relation to medico-legal situations, in a manner which makes the law comprehensible.
 
It is an invaluable guide for lawyers and other professionals, such as social workers, probation officers and teachers, who are required to evaluate the consequences of the misuse of substances.
 

Contents
 
Introduction - The psychiatry of substance misuse
Alcohol
The opiates
Cannabis
Cocaine
The amphetamines
The hallucinogens
Ecstasy
Sedatives and hypnotic drugs
Other illicit drugs
Appendices - The psychiatric examination; Misuse of Drugs Act 1971; Alcohol/Cannabis studies
Bibliography
Glossary
 

REVIEWS
 
"this excellent book covers wide ranging medical and substance misuse issues ... as good an introduction and overview as I have ever seen to the subject of substance misuse ... more emphasis than usual on the relationship between misuse and psychiatric disorders ... makes for interesting and stimulating reading"
Alcohol Alert
 

The Author
B Mahendra, Consultant Psychiatrist and Barrister, London


Anti-Social Behaviour Orders
A Special Bulletin
Edition: 4th 2009
Format: Paperback
Author: Anesh Pema and Sharon Heels
ISBN: 978 1 84661 099 8
Publishers: Jordans
Price: £35
Publication Date: Dec 2009
 

Publisher's Information:
The popular Anti-Social Behaviour Orders: A Special Bulletin has been comprehensively revised and updated to take account of the important developments that have taken place since publication of the third edition including:
Comprehensive review of all case law including all post Boness cases
Updated and revised precedents section
New chapter on the law and practice of the new drinking banning orders
Parenting and Individual support orders
Incorporating newest edition of Home Office Guidance
Full section on sentencing and punishment
 
This timely special bulletin provides analysis of the legal framework in which ASBOs operate, as well as practical know-how on all aspects of ASBOs, from formulating protocols and creating multi-agency working groups to preparing and presenting the case in court, and dealing with breach of an ASBO.
 
In addition to the explanatory commentary, numerous practical materials such as draft applications, orders and notices are included, together with the new Home Office Guidance and the relevant statutory provisions as amended.
 
Local authorities, registered social landlords, the Police, housing associations, youth offending teams, childcare professionals and legal advisers would all find this a useful reference text.
 

Reviews
 
"the real strength of the book lies in the wealth of practical materials such as draft applications, orders and notices, together with the latest Home Office Guidance and the relevant statutory provisions ... essential ... for all those involved in the field" New Law Journal
 
“concise, as well as comprehensive, the bulletin is highly readable, well structured and indexed ... it contains a wealth of practical insights that will be of interest and value to applicants and defendants alike” ROOF (Review of 1st Edition)
 

The Authors
Anesh Pema is a Barrister at Zenith Chambers with extensive experience of representing and advising local authorities in anti-social behaviour order applications.
 
Sharon Heels is a senior housing management solicitor, specialising in anti-social behaviour, with Accent Group (a Bradford based social housing association with a nationwide stock base) and also sits as a Deputy District judge.

Review of a Previous Edition

This Special Bulletin on The Anti - Social Behaviour Act 2003 highlights an addition to the plethora of legislation that has cascaded on to the Statute Book in the past decade. Whilst there is a well-trodden path towards passing such enactments very little concern has been expressed about the additional work this has thrown on to those responsible for enforcing the measures. Neither has much regard been given to the administration, and in particular the costs, associated with enforcing the provisions. Once again an Act of Parliament has been passed before the necessary arrangements have been put in place to deal with its provisions. Such matters as Guidance and Codes of Conduct are promised giving rich pickings for lawyers to argue over. Surely Acts of Parliament are for judges to interpret rather than for civil servants and Ministers to attempt to put their gloss on. The criminal justice system already has its critics and the trend to overload and fog issues is now ever present. This Act, in common with an increasing number of others, seeks to link both civil and criminal law, with no doubt the thought that the former is easier to enforce than the latter. The balance of probabilities does not require the detail of beyond reasonable doubt. Herein lies a concern that corners might be cut and agencies less interested to see that justice is manifestly being seen to be done in accordance with the strict letter of the law.

This is not a book for the practitioner, but rather one for the social worker, the academic and historian, in that it sets out in detail, the passage of governmental policy leading up to, and including the passage of, the Bill through Parliament.

There is no doubt that society has become more anti - social in the past half century. Whether this is due to changes in family life, greater wealth, less local policing or the increased use of alcohol and drugs can only be a matter of conjecture. What must always be borne in mind is that legislation by itself will not solve any problem that might exist.

Again, as is becoming more and more usual, the Government of the day has sought to include a number of extraneous matters into an Act, the main thrust of which is that which gives it its title. Slipping disassociated subjects into such a Bill might be convenient so far as precious Parliamentary time is concerned.  It hardly make for tidy legislation.

Dealing briefly with what might be regarded as additional matters, one finds drugs featuring, and in particular so - called 'crack houses'. There is no doubt that drugs are a problem and people living in proximity to such places have good cause to want something done, but how big is the problem? A mere 584 people - the number of premises involved is not revealed - were dealt with for permitting premises to be used unlawfully for the use and supply of drugs during the year 2000. An estimated 1 % was thought to have used crack cocaine.  Cannabis use has always headed the statistics by far and seems set to continue to lead, but with the demotion to a Class C status will enforcement action fall and by how much? The addictive drugs heroin and cocaine are rarely seen to be used by different classes of people. Heroin is the drug for the poor whereas cocaine is the designer drug for the better off. The estimated cost of feeding the habit in respect of heroin use varies widely but nobody seem to know the true extent. Those arrested are allegedly, in a high proportion of cases, tested positive for drugs, but the cases that feature in the criminal statistics do not seem to bear this out. All sorts of bodies dabble in drug reform, both in the public and private sector. In short there is a need to look at the drug problem in the round and not forget that alcohol is a far worse drug when it comes to deaths and damage in society.

The book deals in some detail with regard to Parent Responsibility. Much has been written about such responsibility but very little has taken note of the changes that modern society, general wealth, employment opportunities, availability of movement and housing have brought about, virtually in the course of one generation. Parents, and to some extent teachers, have borne the brunt of the blame now associated with the anti - social behaviour of children.

Politicians, and those who study family life, seem to forget that to a very large extent they have been responsible for creating the problem. Liberal attitudes and the ease with which families can now be torn apart seem to form no part of their thinking. Whenever they speak their comments centre on parents, when in reality they should, in a large number of cases, be speaking about a parent, because something like one third of all marriages now end in divorce and it must be a fair bet that another third exists in an environment not conducive to being a suitable place in which to bring up children. This has long been recognised but whilst this Act, and earlier legislation, has endeavoured to educate a parent it will surely be doomed to failure.  The logistics of any such exercise seems to make it impossible.  Many people likely to be caught are in socially deprived areas, poorly educated and without social skills. What sort of organisation will be required to carry this legislation into effect and who will be expected to meet the cost, particularly if residential training is to be provided?  How can the one parent mother with other younger children possibly meet the requirements of a Parenting Order or even such lesser constraints that this Act seeks to address?  Even for those who might have the necessary assistance from husband, partner or grandparent, all of course unpaid, can local authorities, already strapped for cash arising from central government unloading on them more and more of what many construe as their responsibilities, make suitable financial provision without running up against the threats of Westminster?

Very few statistics have appeared about the use of the restrictions set out in Chapter 4 and one must conclude that so far very few of the provisions have yet been implemented. It may well be that these measures will need some hefty kick-starting from on high. Anti - Social Behaviour Orders, which have needed more than one such prompt as set out in paragraph 10.6., are still not being made in the numbers that the Government would wish and their use is patchy, with some authorities barely reaching double figures. Parenting issues might follow a similar pattern.

The provisions that Section 30 of the Act contains, are those that could cause much controversy. They relate to the dispersal of groups and removal of persons under 16 to their place of residence. When the police endeavoured to disperse groups of young people from ethnic minorities gathering on footways, they were criticised on the grounds that such behaviour was standard practice in the home countries. Now the law is being strengthened to prevent this happening. The latter provision shows yet again how much politicians and their advisers are out of touch with modern day life and indeed the maturity of the young people of the present generation. Many youngsters travel from miles around to attend clubs and the thought of police officers acting as a taxi service, deliberately instigated by groups of young people cannot be ruled out. The recent remarks on this subject by Sir Ian Blair, Deputy Commissioner, Metropolitan Police, appear to indicate that he is some way short of reality when it comes to dealing with young people.

This Bulletin attempts to cover an immense amount of ground and inevitably any reviewer is faced with an impossible task in attempting to cover all the diverse provisions this Act contains. Comments on some parts have been left out and this is a matter for regret, but the reason is solely because these words are aimed at police officers and not because they are considered unimportant. Society is becoming more and more complicated and one must wonder whether legislation needs to be so detailed. Why do we have judges unless their job is to spell out the law and at the same time bring a modicum of common sense into their judgments?

I would especially recommend this book to those who have to deal directly with those people on a day to day basis, who life has sidelined and who will only be bewildered when they find themselves caught up in the complications of today's fast moving society.

Brian Rowland, 2nd September 2004



Injunctions and Orders Against Anti-Social or Violent Individuals
Edition: 1st 2009
Format: Papercover and CD-ROM
Authors: His Honour Judge John Platt, District Judge Mathu Asokan, Lorna Findlay and District Judge Delia Truman
ISBN: 978 1 84661 184 1
Publishers: Jordan Publishing
Price: £55.00
Publication Date: November 2009
 
Publisher's Title Information

 
Anti-social or violent behaviour can take many forms and there are numerous legal remedies for addressing such problems. This new work brings together in one volume the law and procedure relating to civil injunctions for anti-social or violent individuals and focuses on the procedural requirements of such actions. It covers Anti-Social Behaviour Orders, Anti-Social Behaviour Injunctions, Protection from Harassment Injunctions, Local Government Act Injunctions, Family Law Act Injunctions and the new Forced Marriage Protection Orders.
 
The authors provide a detailed outline of the legal framework underpinning each area, together with practical advice on bringing and defending proceedings. Each chapter contains commentary and checklists for compliance with relevant procedure and precedents. Also included is a useful list of ASBO wordings disapproved of by appellate courts.
 
A comprehensive suite of expertly drafted precedents for use in these cases are included on an accompanying CD ROM.
 

Contents
 
Anti-social Behaviour Orders
Anti-social Behaviour Injunctions
Local Government Act Injunctions
Protection from Harassment
Family Law Act 1996 Injunctions
Forced Marriage Protection Orders
Appendices including a comprehensive selection of up to date statutory materials

The Authors
District Judge Mathu Asokan, Birmingham Civil Justice Centre
Lorna Findlay, Barrister, St Philips Chambers
His Honour Judge John Platt, Romford County Court
District Judge Delia Truman, Birmingham Civil Justice Centre


Restrictive Covenants and Freehold Land: A Practitioners Guide
Edition: 3rd
Format: Hardback and CD-ROM
Author: Andrew Francis
ISBN: 978 1 84661 172 8
Publishers: Jordans
Price: £90
Publication Date: July 2009
 
Publisher's Title Information
 

This popular work has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land. In this book a complex topic is made intelligible by easily understood text, complemented by flowcharts and checklists. Enables you to solve problems quickly and accurately. The author brings his extensive experience of cases involving covenants to the work, dealing with issues that arise in practice both comprehensively and with authority.
 
This fully revised 3rd edition includes:
 
A chapter written by a senior underwriter about restrictive covenant indemnity policies which are often a modern solution to problems with covenants
Chapters dealing with the public law side of covenants, whether as to creation, overriding, or the carrying out of statutory purposes and 'immunity' from injunctions when bodies exercising statutory powers act in breach of covenant
Recent important cases considered includes: City Inn v Ten Trinity Square; Graham v Easington District Council; Winter v Traditional & Contemporary Contracts; Shephard v Turner; Field Common v Elmbridge Borough Council
Appendices containing precedents of covenants and restrictions and all relevant statutory material, both primary and secondary and Lands Tribunal Rules and Practice Directions and extracts from the Civil Procedure Rules
 
A free CD-ROM containing all statutory and other material in the Appendices
Changes effected by the Planning Act 2008 to the power to override covenants, and the new regime in the Lands Tribunal under the Courts Tribunals and Enforcement Act 2007 are examined in full.
 
All the key issues affecting restrictive covenants are considered including:
How to draft restrictive covenants
How to understand the meaning of the words used in them and how to advise on their validity and enforceability, with consideration of declaratory claims
How to enforce covenants by injunctions, or by damages
How to spot the special rules which apply to statutory authorities when imposing, overriding, or enforcing restrictive covenants
How to deal with applications to discharge, or modify covenants in the Lands Tribunal- with summaries of most of the decisions in this jurisdiction within the past three decades and earlier
 
How to arrange restrictive covenant indemnity policies
In addition, there is greater discussion of the legal principles which reflect recent developments in the law; for example that relating to Wrotham Park type damages for breach of covenant. There is also reference to the Law Commission's proposals under its current programme for the reform of covenants.
 

Contents
 
Flowchart and checklists
Identification of covenants which are truly restrictive
Identifying the existence of restrictive covenants which are valid and binding
Making covenants work: is this covenant enforceable?
Enforcement of covenants between the original covenanting parties
Enforcement of covenants by the original covenantee against a successor of the original covenantor: making the burden of the covenant run
Enforcement of covenants against the original covenantor by a successor of the original covenantee: making the benefit of the covenant run
Enforcement of covenants by a successor of the original covenantee against a successor of the original covenantor: making both the benefit and the burden of the covenant run
Restrictive covenants created by public authorities and other bodies
Acquisition of land for public purposes and the effect on restrictive covenants
The power of local and other authorities to override restrictive covenants
Extinguishing restrictive covenants
The construction of restrictive covenants
Litigation and restrictive covenants
Discharge and modification of restrictive covenants under The Law of Property Act 1925, section 84(1) by the Lands Tribunal
Practical drafting and transaction points
Insuring restrictive covenants
Restrictive covenants and commonhold title
The Human Rights Act 1998 and restrictive covenants
Appendices: Statutory Material; Lands Tribunal Rules, Practice Directions and Fees Rules; Stewart Title Limited Indemnity Policy; Plan; Precedents, Lands Tribunal Forms and civil Procedure rules
 

Reviews
 
"Andrew Francis has a relaxed and readable style, and within a relatively short book there is a great deal of information"
Planning
 
"Andrew Francis's excellent Restrictive Covenants and Freehold Land - A Practitioner's Guide … An area of law described on the dust jacket as "very complex" … desperately needs a book like this … Marvellous"
New Law Journal
 

The Author
 
Andrew Francis, Barrister, Serle Court, Lincoln's Inn
 
He has had many years experience as Chancery counsel in real property matters and other areas of Chancery work. He is the co-author of Rights of Light, The Modern Law (2nd Edition 2007). He is also the author of Inheritance Act Claims; Law Practice and Procedure (loose-leaf). Both books reflect other areas of his expertise and are published by Jordan Publishing.
 
 

Part of Preface To The Third Edition
 
Ten years have passed since the publication of the first edition of this book. The second emerged into the light four years ago. Here is the third. Why another one? The contrast between the world of 1999 and that of 2005 with the world of 2009 is immense. The temptation to rush into Latin, and exclaim `0 tempora 0 mores!' can hardly be resisted. The times, if not the manners, have changed, and the law of real property has also altered in many subtle aspects. This has meant that a new edition is required. It is noteworthy that this edition has been prepared against the backdrop of an effective collapse in the property market in late 2008 and early 2009. But such market conditions take no account of the way in which the law is developing, and some 'recession led' litigation (eg in respect of damages for breach of covenant) may be reflective of the need for hard pressed litigants to pursue rights, or defend them to the last penny.
 
Against this background what has altered in the world of restrictive covenants that affect freehold land?
 
First, there has been a steady output by the courts deciding cases in which covenants have been in issue. These cases are important. This book would become hopelessly out of date, and readers and advisers run the risk of being negligent if advice is given on the basis of obsolete text.
 
Secondly, in the past two or three years the courts have set out significant principles relating to injunctions and damages. Whilst not all of these decisions concern claims for breach of covenant, the principles set out in them are applicable to such claims. The revised text in this edition, particularly in Chapter 15, reflects the way in which these cases have changed the landscape of remedies.
 
Finally, I considered that the book needed additional analysis and material within its existing structure. After ten years I have felt bold enough to add some thoughts of my own. I should stress that these thoughts are purely personal ones and have no strength until tested on the anvil of the court. I have added new material (eg on limitation periods) which had been absent in previous editions. I have also referred to the changes wrought by the Planning Act 2008 which are covered in Chapter 12 and also to the likely effect of the Perpetuities and Accumulations Bill 2009, as introduced into the House of Lords in April 2009. If enacted, this will simplify a very minor area of covenant law dealt with in Chapter 13.
 
One significant area of revision concerns the Lands Tribunal, covered in Chapter 16. Change affecting the Lands Tribunal takes place in two stages. The first set of changes (under the Tribunals, Courts and Enforcement Act 2007) took effect on 1 June 2009. Chapter 16 dealing with the Lands Tribunal's jurisdiction under section 84 of the Law of Property Act 1925 and all appendix material has been brought up to date to take account of this. After that date the Lands Tribunal becomes formally titled 'The Upper Tribunal Lands Chamber' but for the present will continue to be known and referred to as the Lands Tribunal. Following the changes on 1 June 2009 it is anticipated that there will be a second set of changes to the rules and practice directions of the Lands Tribunal. These are planned to come into effect after full public consultation later in 2009. At the time of writing the implementation of any new rules and practice directions following consultation is projected to take place in the first half of 2010. Some of these changes will require careful scrutiny when published and no doubt the Lands Tribunal website will be an invaluable reference point. A Supplement to this edition may be published to reflect these second stage alterations in 2010. I should add that none of the alterations to its constitution and procedure taking effect on 1 June 2009 and later in 2010 affects the powers of the Lands Tribunal under section 84. That is something which the Law Commission is considering under its programme of the reform of the law of easements covenants and profits a prendre, as mentioned below.
 
It may be thought unwise to express any views on the prospect of reform, but I have a feeling that the wind of change is about to blow through the law of restrictive covenants. Whilst the effect of that wind may take a few years to be perceived, my prediction is that this edition may be the last to reflect the law as it has been for hundreds of years. The reason for this view is that under its current programme of the reform of the law of easements covenants and profits a prendre, the Law Commission proposes to publish a Report and draft Bill by the end of 2010 setting out (inter alia) the reformed law of covenants. If there is Government willingness with time allowed in Parliament, these proposals might be enacted and brought into force by 2013 or 2014 within the anticipated four or five year life of this edition. So a fourth edition may be radically different because of its need to look at both the 'old' and the 'new' law. For the present we will just have to wait and see and grapple with the present law of covenants, warts and all.


Adoption and Special Guardianship: A Permanency Handbook
Edition: 1st
Format: Paperback
Author: John Mitchell
ISBN: 978 1 84661 114 8
Publishers: Jordan (Family Law)
Price: £50
Publication Date: Sept 2009
 
Publisher's Title Information
 

The concept of special guardianship was introduced by the Adoption and Children Act 2002. Special guardianship orders are private law orders which give a special guardian parental responsibility for the child concerned. They provide permanence and security for those children for whom adoption is not suitable but who cannot live with their birth parents. The basic legal links between the child and his birth family are preserved. In contested cases, courts are often faced with one key question: should a child remain in care as a foster child or be made the subject of a special guardianship order or be adopted?
 
Adoption and Special Guardianship: A Permanency Handbook brings together, for the first time in a single volume, the law and procedure relating to adoption with that of special guardianship.
 
This unique work examines recent case-law, alongside the policy that underpins the legislation, including socio-legal research on how the law operates and social research on the needs of children. Adoption and Special Guardianship: A Permanency Handbook also examines the fundamental and common issues concerning the importance of the child's relationship with his birth family, contact with them after the order is made, and the impact on the child of remaining in care.
 

Contents
 
Introduction
Adoption
Who can adopt?
Placement orders
Special Guardianship
Who can be a Special Guardian?
The welfare test and parental consent
The importance of the birth family
Contact with the birth family
The child in care
Support post-order
Assessment of the applicants
Permanency and step parents
International adoption
Procedure
Appeals
Regulation of adoption services
Appendices: Statutory material, Rules and Regulations, brief outline of the old law on adoption, useful addresses, suggested additional reading
 

The Author
 
His Honour Judge John Mitchell

Foreword
 
This government has now been in power for well over a decade during which its approach to family law reform has been ambivalent. It can claim credit for significant reforms in the field of civil partnership and gender recognition. However, those achievements were compelled by human rights considerations and the repeated criticism of the Strasbourg Court.
 
Thus the statutory reform for which I would give this government greatest credit is the Adoption and Children Act 2002, the creation of which resulted in part from the intervention of the Prime Minister. It is perhaps, not unduly cynical to observe that the evolution of our family law is particularly dependent on political considerations and political judgement. Certainly political advantage motivated the reforms but that does not detract from the outcome, a modernised code that was designed to achieve and which is already achieving better outcomes for children.
 
John Mitchell has already established a high reputation as a shrewd guide and commentator in the field of child law. It is natural that he should extend his range into adoption and special guardianship. There is a wide potential readership awaiting his guidance. His readers will not be disappointed. He has produced a comprehensive and clear survey of this exceptionally important topic. The opening chapter sets the scene admirably and promises the reader not just a recitation of the statutory provisions but a broader socio-legal understanding of the origins and objectives of the legislation.
 
In the relatively brief period since its commencement the construction and application of the statute has frequently troubled the Court of Appeal. Aspects of the accompanying regulations have given rise to practical difficulties which we have sought to resolve without the need for rule change. All this and so much more, John Mitchell cogently explains.
 
I accepted John Mitchell's invitation to write this foreword with enthusiasm. I am in no doubt that this is an essential addition to every family lawyer's library. Its publication is perfectly timed. Early experience of the operation of the statute is essential for any assessment of its strengths and possible shortcomings. The balanced text offers valuable insights and I am in no doubt that the author's views will be regularly cited on the hearing of future appeals.
 
The Rt Hon Lord Justice Thorpe

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"Internet Law Book Reviews" Copyright: Rob Jerrard 2010