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

Books by Jordan Publishing

& Family Law 2011
Judicial Review A Practical Guide
Edition: 2nd
Format: Paperback
Authors: H Southey QC, A Weston and J Bunting
ISBN: 978 1 84661 295 4
Publishers: Jordans
Price: £65
Publication Date: March 2012
 

Publisher's Title Information

From initial instructions to appeals and costs, the authors guide the reader through each step of the court process, and provide extensive case examples drawn from a broad range of claims. This readable and concise work includes procedural checklists and a library of precedents.

Contents

Foreword


Preface
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European and International Material
Part I
Law and Practice
The Scope of the High Court's Jurisdiction to Consider Claims for Judicial Review
Grounds of Challenge in Judicial Review Claims
Matters to be Considered Before Applying for Judicial Review
Steps to be Taken Before Applying for Judicial Review
Procedure for Bringing a Claim for Judicial Review in the High Court
Jurisdiction of the Upper Tribunal to Consider Judicial Review
Orders for Interim Relief available from the Administrative Court
During a Judicial Review Claim
Relief Available at the End of Judicial Review Proceedings
Appeal Procedure
Costs
Part II
Procedural Checklist
Part III
Forms and Precedents
Part IV
Legislation, Guidance and Protocol
Index

Preface

Judicial review is the cornerstone of the rule of law in our constitutional system. In particular, it ensures that a powerful executive acts lawfully. That may be more important now than it has ever been. We are living through a period of extraordinary political conflict. Central government is seeking to introduce highly controversial policies such as reforms to welfare benefits, legal aid and the National Health Service. It is not necessarily unlawful to introduce those policies. However, they must be introduced in a manner that is consistent with the parameters set by Parliament. This is one area where judicial review plays such an important role.
 
Parts of the media present judicial review as the unelected judiciary undermining the political process. However, this misunderstands judicial review. Parliament has enacted legislation such as the Human Rights Act 1998 and the Equality Act 2010 that restrict the scope of the executive's powers. As a consequence, if the courts hold that government acted unlawfully by failing to comply with that legislation, they are simply enforcing the will of Parliament. The common law has developed to protect fundamental rights and freedoms from the Magna Carta onwards. These are the rights that judicial review upholds.
 
Judicial review is important because it ensures that controversial policies are genuinely the product of the democratic process and that decisions that affect the lives of individuals and groups are lawful. That is why we wrote this book. We hope that it will help to increase access to judicial review. Judicial review is not straightforward and even experienced lawyers can find it intimidating. This book is intended to act as a handbook for all. We hope that both experienced lawyers and litigants in person will be able to rely on this book to guide them through the process.
 
We would like to thank all of those who have provided us with support in writing this. Tony and his team at Jordans have worked tirelessly and shown us support and patience for which we are very grateful. Our wonderful colleagues at Tooks Chambers have provided us with ideas and inspiration. Sir Stephen Sedley generously prepared a characteristically eloquent foreword. Our families have put up with late nights and weekend working. Hugh would particularly like to thank Mum, Kate, Rebecca, Orla and Tommy. Amanda would like to thank Joby, Verity, Jojo and Millie for their insights about the importance of speaking truth to power and Catherine Oborne for her able assistance. Jude's work on this book is dedicated to the Great Franko. Finally but most importantly we owe an enormous debt to our partners. Thank you Jackie and Mohamed. We have attempted to state the law as at 1 January 2012. We have, however, been able to include some subsequent developments. There are some abbreviations used throughout the book. In particular: CPR - Civil Procedure Rules 1998 (SI 1998/3132) HRA - Human Rights Act 1998
 
Hugh Southey QC
Amanda Weston
Jude Bunting
March 2012

Forward

In the last half-century or so judicial review of governmental acts and omissions has come from almost nowhere - it didn't even feature in the Bar examinations in the 1960s - to centre-stage in both legal theory and legal practice.
 
There is a corresponding wealth of books on the doctrines of modern public law; but there remains surprisingly little in the way of practice books. Part of the reason is that this is a field in which practice and theory are almost inseparable. What kind of official or body, for example, is open to judicial review? Where is the interface between policy guidance and individual decision-making? Can a policy be attacked for stultifying decisions? Can a decision be attacked for conforming - or for not conforming - to a policy?
 
For public administrators and their lawyers the problems are migrainous. For their challengers the possibilities are numerous, but the constraints and obstacles are both real and necessary. Behind the rules and principles lies a network of legal controls, most but not all put in place by the judges. Time limits are very tight; disclosure is not merely a litigant's obligation but a public duty; remedies are discretionary.
 
There is in addition a unique relationship between the parties, one of which is always, in one guise or another, the state. It is a fundamental principle of the common law that the state comes before the courts on an equal footing with the individual. But this is not the whole story, for in public law litigation the state's object is not, or not necessarily, to win the particular case: it is to ensure that the law is correctly understood and developed. One of the striking features of my 25 years of public law litigation at the Bar was the preparedness of the successive Treasury Devils (from Nigel Bridge to John Laws) to forgo points which might win their case but would distort the law or retard its development. Another was their abstention from taking technical objections - for instance to the introduction of late arguments - unless these placed them in genuine difficulties: once again the object was to get the law straight, not necessarily to win the case.
 
One consequence of this forensic culture has been, I think, a more principled and less uneven development of modern public law than would otherwise have been the case. That is not to say that there are not anomalies and difficulties; but they tend to arise from the merits of individual cases less often than in some other fields of law. At the same time, public law has attempted - for example in developing the principles of legitimate expectation - to bring law more closely into line with justice. Thus fairness and proportionality tend now to be invoked where quasi-judicial decisions and rationality were once argued.
 
But it's no use having a good case if your tackle is not in order. The practicalities of judicial review may at times resemble an assault course, but they are logical and, in general, necessary. They are also interwoven with law. In Judicial Review: A Practical Guide practitioners on both sides of the fence (as well as the growing band of litigants in person) will find what they need to get their show on the road and to keep it running.
 
Stephen Sedley
The Rt Hon Sir Stephen Sedley
March 2012

The Author

Hugh Southey QC, Amanda Weston and Jude Bunting all Tooks Chambers

More Details on Jordans Website on Judicial Review - A Practical Guide 2nd Edition 2012


Internet Business
Commerce and Tax
Edition: 2nd
Format: Hardback
Author: Julian J B Hickey
ISBN: 978 1 84661 304 3
Publishers: Jordans
Price: £95
Publication Date: March 2012

Publisher's title Information

Internet Business: Commerce and Tax is a practical guide to the taxation of internet business activities, and is the first point of reference for all those involved with advising such businesses.
It provides an up-to-date overview of the all the main tax issues, and takes into account all recent changes in UK legislation and case-law.
Internet Business: Commerce and Tax is the second edition of the well received e-commerce: law, business and tax planning. In the ten years which have passed since the first edition was published and the dotcom bubble burst, tax has been a constant issue for all internet based businesses and transactions. This book examines the direct tax and VAT issues relevant to all the important areas of internet business.
 
We are now witnessing a spectacular explosion of internet based businesses. Retailers are having to adapt to the opportunities and challenges of the marketplace, by creating and protecting a presence on the global market, and meeting the demands of supplying goods and services within an international market.
 
This not only mark a radical transformation within our society, but also how we advise internet businesses.
 
This book provides a much-needed overview of the main tax issues that are involved in carrying on internet business.

Contents

Part I: Introduction
Internet Business
Part II: Internet Business: Legal and Commercial
Structures for Internet Business
Commercial Intermediari
Contracts: Formation and Legal Requirements
Part III: United Kingdom Taxation: General
Taxes on Internet Business
Inbound UK E-Commerce: Scope of Charge to Tax
Corporation Tax: Setting Up and Operation of an Internet Business
Outbound UK and International E-Commerce: Scope of Charge to Tax
Transfer Pricing
Computer Software
Part IV: Share-Based Employee Incentives
Share-Based Employee Incentives for Private Technology Companies
Charging Provisions under the Income Tax (Earnings and Pensions) Act 2003, Part 7
Reliefs
Exits by Way of a Sale
Disguised Remuneration
Reforms
Part V: Value Added Tax: European Union Trade
Value Added Tax
Intra-EU Trade: Goods
Imports: Non-EU Trade in Goods
Exports and Dispatches: Non-EU and EU Trade in Goods
Computer Software: VAT Aspects
Services Supplied Electronically
Part VI: Case Study
Case Study: Just-Eat Internet Business
Appendices
Index

Some Reviews

“An excellent job of drawing together the various elements of United Kingdom tax law...that apply to electronic transactions ... very useful indeed” Taxation magazine
“A good overview of the main tax issues that have evolved” PLC magazine
“Valuable to those advising e-businesses” The Tax Journal
“Extremely useful” The Legal Executive Journal

Part of the Preface

Over ten years have passed since the first edition, and tax remains a constant issue to be considered for all internet-based businesses and e-commerce transactions. This book examines the corporation tax and VAT issues relevant to the important areas of internet business. It also considers potential tax issues for shareholders in an internet-based company. The first edition coincided with the dot.com bubble bursting in a spectacular fashion in 2000, but we are now witnessing an equally spectacular resurgence in internet-related business activity: for example, in 2011 the Russian search engine Yandex raised over US$1.3 billion from its initial public offering (IPO)1 and the business networking site LinkedIn was valued at over US$4 billion from its IPO.2 Ebay announced that mobile commerce is likely to generate almost $5 billion in merchandise volume in 2011 for the company.3 Facebook has also launched the process for its IPO, which will raise $5bn, giving the company a value of $80bn.4

Since the first edition we have also witnessed an explosion of internet-based business and social networking opportunities (such as Facebook, LinkedIn and Twitter), which have marked a radical transformation in how our society communicates and interacts (eg Facebook has some 845m monthly active users).5 All of this has been achieved with considerable leaps in the development of technology, such as smartphones, which provide access to telecommunications and the internet and so enable us to download digital content from anywhere in the world. All of this facilitates most forms of commerce via the use of information technology.

The internet has marked a dramatic shift in consumer behaviour, specifically a move away from high street shopping to one-click internet shopping from the comfort of our home and workplace. Retailers have had to adapt to the opportunities and challenges of the marketplace by creating and protecting a presence on the global network, and by meeting the demands of supplying goods and services within an international market. The internet provides an electronic portal to both domestic and international markets, which depending on the nature of the supply may represent the provision of services electronically (eg by the downloading

of electronic content relating to books, films and games) or the provision of goods by delivery through the retailer or a commercial intermediary. HMRC is launching a campaign, which is planned to begin in Spring 2012, to encourage traders using e-marketplaces to pay the taxes owed on their activities in circumstances where they are currently delinquent. The

necessity to launch a campaign targeting e-traders illustrates the extent to which the e-marketplace has exploded in growth, with the consequential risk to the Treasury of lost revenues where traders fail to pay their taxes. One reviewer of the first edition commented that, 'this is a useful book; it is a practical guide to the problems of electronic commerce and centres around taxation'. Another commented: 'On the whole, this guide takes a practical approach to the subject and provides practitioners with a good overview of the main tax issues that have evolved.' I hope that the second edition has at least met this benchmark, and that it will provide a first point of reference to matters on taxation of internet business, so that it aids those new to the whole area, whilst also acting as a point of reference for more experienced advisers. The second edition has involved writing new chapters, and considerable updating and reworking of existing chapters to reflect changes in law and the evolution in e-commerce activities, and the sophistication of the issues involved.

The current edition of this book is divided into the following principal

Parts:

Part I. This part provides a general overview of the nature of internet business and e-commerce activities. It also provides a summary of the components of the information technology world that underpin the commercial activities of e-commerce.

Part II. This part provides an overview of the main business structures used to carry on the activities referred to in Part I. It also examines the types of commercial intermediary used to carry out activities in a supply chain. A summary is also provided on contract formation and governing law for commercial contracts.

Part III. This part provides an examination of the principal direct tax issues that arise for internet business and e-commerce transactions where carried on by a company (which will tend to be the main business form).

Part IV. This part provides an overview of share-based employee incentives for private technology companies, and the tax issues arising for employee and director shareholders.

Part V. This part provides an examination of the principal VAT issues that arise for internet business and e-commerce transactions.

Part VI. This part provides a case study in relation to how an actual internet business is carried on using IT. The case study relates to Just-Eat.co.uk and illustrates the supply chain from IT and commercial perspectives.

We do not cover issues relating to UK customs and excise duty, which are beyond the scope of this edition. This book should not be relied upon as a substitute for legal or other professional advice (such as valuation advice)which should be obtained before implementing any new transaction and business structure. Please note especially that tax law and practice can change rapidly and the application of tax law to any particular situation may not be straightforward. The authors would be happy to assist in these situations.

1 See www.bloomberg.com ('Yandex jumps on first day in biggest 2011 Tech IPO', 25
May 2011).
2 See www.reuters.com ('LinkedIn ups IPO range, stokes social media frenzy', 17 May
2011).
3 Ebay Inc: see www.ebayinc.com/news#20111019006903 (19 October 2011).
4 The Financial Times, 1 February 2012.
5 As at 31 December 2011. See The Financial Times, 1 February 2012.

Julian JB Hickey
January 2012

More Details on Jordans Website on Internet Business - Commerce and Tax 2nd Edition 2012

Company Director, The
Powers, Duties and Liabilities
Edition: 11th
Format: Hardback
Authors: Peter Loose, Michael Griffiths, David Impey
ISBN: 978 1 84661 159 9
Publishers: Jordans
Price: £79
Publication Date: Dec 2011
 

Publisher's Title Information

Following the implementation of the Companies Act 2006 directors must be even more aware of the responsibilities and obligations attached to their office and implications of falling foul of the new law. The Company Director: Powers, Duties and Liabilities provides comprehensive coverage, in a single volume, of the powers, legal obligations and responsibilities of executive and non-executive company directors. The complex relationships of directors with fellow directors, the company, its employees and shareholders are fully explained.
Now in its 11th edition, this well respected and established work has been thoroughly
updated to take account of the specific duties set out in the Companies Act 2006 including:
duty to avoid conflicts of interest
the duty not to accept benefits from third parties
the obligation to declare an interest in a proposed transaction or arrangement.
There is also full coverage of the supplementary provisions dealing with remedies for breach, overlap and ratification of breach. This edition includes new chapters on:
compliance with the Bribery Act 2010
duty of care and liabilities under the Corporate Manslaughter and Corporate Homicide Act 2007

Contents

To read the full contents of The Company Director click here
Preface
Table of Statutes
Table of Statutory Instruments
Table of Cases
Chapter 1
The Companies Act 2006
Chapter 2
The Company and its Legal Framework
Chapter 3
Appointment of Directors
Chapter 4
Powers of Directors
Chapter 5
Accounts
Chapter 6
Duties of Directors
Chapter 7
Liabilities of Directors
Chapter 8
Relations with Shareholders
Chapter 9
Relations of Directors With One Another
Chapter 10
Meetings
Chapter 11
Terms of Service for Directors
Chapter 12
Resignation, Removal and Retirement
Chapter 13
Bribery Act 2010
Chapter 14
Corporate Manslaughter and Corporate Homicide Act 2007
Chapter 15
Corporate Governance
Appendix A
Jordans Articles of Association for a Private Limited Company
Appendix B
Standard Form Articles of Association
Appendix C
Form IN01
Appendix D
UK Corporate Governance Code (June 2010)
Appendix E
The Companies Act 2006
Appendix F
Draft Standard Form Service Agreement for an Executive Director
Index

Reviews to Date

"The chapters on powers and duties are, however, essential reading whilst the book will provide an authoritative source of reference on other questions." COMPANY ACCOUNTANT
 
"The guide is an accessible reference book for directors ... looks set to become one of the vital sources of reference for directors" ACCOUNTANCY AGE
 
"This comprehensive guide should be an essential part of a secretary's library" ADMINISTRATOR
 
"heavy on the practical side of the law dealing with directors' duties and liabilities ... essential reference for directors, liquidators, solicitors, and those who need to engage with this branch of the law for various purposes." BUSINESS LAW REVIEW
 
"an impressive volume which skilfully examines the law in clear language without losing sight of the practical difficulties facing directors across a whole range of issues"
THE JOURNAL OF THE LAW SOCIETY OF SCOTLAND
 
"a comprehensive guide ... Written by experienced and knowledgeable practitioners and academics ... readers expect a comprehensive treatment ... they are not disappointed ... lucid and engaging ... provide a succinct explanation of the law ... excellent appendices ... essential reading for directors and their advisors ... clear and accessible ... can be used on a day to day basis ... provides excellent value for money ... should remain close to hand" STUDENT LAW JOURNAL
 
"provides indispensable background information on the directors' powers and legal obligations ... the standard reference book for company directors and their legal advisers ... clear and comprehensive ... an easy read" GERMAN-BRITISH CHAMBER OF INDUSTRY & COMMERCE

The Author

Peter Loose, Solicitor, Edwin Coe
Michael Griffiths, Law Lecturer and company law conference speaker
David Impey, Solicitor

More Details on Jordans Website on The Company Director - Powers, Duties and Liabilities 11th Edition 2011

The Law of Termination of Employment
Edition: 8th
Format: Hardback
Author: Robert Upex & Stephen Hardy
ISBN: ISBN: 978 1 84661 291 6
Publishers: Jordans
Price: £105
Publication Date: March 2012

Publisher's Title Information

This well-established and authoritative analysis of the rules governing termination of employment provides coverage of the statutory and common law rights, as well as procedural considerations. It also deals with problems beyond termination such as competition from ex-employees, and worked calculations of compensation in unfair dismissal cases illustrate how the law operates in practice.
The new edition of The Law of Termination of Employment has been thoroughly updated to take account of major developments in law and practice, including:
The demise of the statutory grievance and disciplinary procedures and their replacement with the ACAS Code
The introduction of Agency Workers Regulations
The new costs regime and relevant case-law
Future developments such as the Government's consultation on raising/reviving continuity two years qualifying period and Tribunal reform
Throughout the text, recent case-law is analysed, including the definition of employee (Autoclenz and Muschett) and dismissal (Willoughby v CF Capital plc), constructive dismissal (Hunter v Timber Components), and fairness of the dismissal (City of Edinburgh Council v Dickson).
The Law of Termination of Employment is essential reading for all employment lawyers and human resources personnel who require a detailed knowledge of this complicated area of law.

Contents

Preface
Introduction
Table of Cases
Table of Statutes
Table of Statutory Instruments
Part I: The Statutory Rights
Preliminary Considerations
Changes of Employer
The Meaning of Dismissal
Unfair Dismissal: The General Rules
Unfair Dismissal: Special Cases
Dismissals for Redundancy
Remedies: Re-Employment Orders and Interim Relief
Remedies: Compensation
Part II: The Common Law Rights
Wrongful Dismissal
Remedies for Wrongful Termination
Part III: Procedural Considerations
Limitation Periods
Insolvency
Part IV: Problems after Termination
Competition by Ex-Employees
References
Costs in the Employment Tribunal
Index

The Authors

Robert Upex MA LLM ACIArb FRSA Of the Middle Temple, Barrister (Old Square Chambers);
Emeritus Professor of Law at the University of Surrey; Sometime Chairman of the Employment Tribunals for England and Wales (part time)
 
Stephen Hardy LLB PhD Of Lincoln's Inn, Barrister (9 St John Street); Regional Treasury Panel Counsel; Approved Counsel of the Equality Human Rights Commission; Fee Paid Judge of the First Tier Tribunal (Social Enterprise Chamber)

Reviews

Reviews of previous editions of The Law of Termination of Employment
“Constitutes a significant and authoritative text written with clarity and a genuine academic and practical understanding of the difficult issues involved” Legal Week
“Packs in everything legal advisers of workers and employers need to know about wrongful and unfair dismissal…well structured…the index is excellent” Solicitors Journal
“This is an indispensable book for anyone who dabbles in or is involved on a day to day basis with employment law” SCOLAG Journal

Preface

The first edition of this book was published 29 years ago. It is striking how, over a period of almost three decades, the same sorts of issues recur, despite the extensive changes to the law over the same period. Most notably, issues relating to employment status - whether a person is employed or self-employed - continue to trouble the tribunals and courts. Nor can it be said that the recent decision of the Supreme Court in Autoclenz v Belcher sheds much light on this area. The advent in 2010 of the Agency Workers Regulations will doubtless also maintain that issue as an on-going concern. However, since the last edition, the most important legislative event has been the repeal of the statutory disciplinary and grievance procedures. Their demise has been pivotal in a re-evaluation of the legislative landscape which surrounds the law on dismissal.

As the law on unfair dismissal (now 39 years old) wends its way towards middle-age, it continues to reinvent itself. Chapter 4 provides a pathway through the labyrinth of rules and requirements. Other important pieces of legislation, such as the Transfer of Undertakings (Protection of Employment) Regulations 2006, continue to cause controversy. Consequently, Chapter 2 seeks to provide clarity on the on-going recent debate, as seen in Spaceright, Pannu and Hunter v McCarrick, about service provision changes.

As before, there is an avalanche of new case law to be waded through. Accordingly, the key cases have been selected and the text updated. Most notably, Buckland makes clear that appeals cannot cure a fundamental breach of contract. The Court of Appeal in President of the Methodist Conference v Preston suggests that a minister of religion may be an employee for the purposes of section 230 of the Employment Rights Act 1996. Furthermore, the Supreme Court in Autoclenz v Belcher confirms the view, also taken by the Court of Appeal, that the bargaining power of the parties may be relevant in deciding what are the detailed terms of a contract under which an individual works, and in particular whether that contract amounts to a contract of service.

Recent Court of Appeal decisions have considered the issue of compensatory loss, in terms of remedy. In Aegon the Court of Appeal highlights the elements of calculation and shows how pension losses ought to be considered. All these significant changes warrant this new edition.
The aim of this extensively updated edition is, as with the previous seven editions, to consider the main causes of action available to employees whose employment is terminated and to present the law and the relevant issues in a way which will be of value to those practising in this field. This edition, like its predecessors, covers the statutory rights given by the Employment Rights 1996 and the rights given by the common law to employees whose employment has ended. The law of wrongful dismissal, which derives exclusively from the common law and was developed in a series of nineteenth and early twentieth century cases, remains of importance, particularly as employment tribunals now have jurisdiction to hear wrongful dismissal cases.

To that end, we continue to adopt the structure of previous editions and have treated the rights separately. Thus, the statutory rights are considered in Part I and the common law rights in Part II. Procedural considerations are dealt with in Part III. We have also added a new Chapter, Chapter 15, which deals with the increasingly important issue of costs. Nevertheless, we continue to hope that this book will remain a vade mecum for legal practitioners and HR advisers, whether advising employers or employees, and will enable them to decide what claims a dismissed employee may have, what the remedies are, andwhat levels of compensation are likely to be awarded.

In this edition, Stephen Hardy joins the founding author as co-author. We are indebted to our patient publishers for their kind assistance in the preparation of this edition.
The exposition of the law is as at 1 February 2012.
 
Robert Upex & Stephen Hardy Buckminster & Manchester
February 2012

More Details on Jordans Website on The Law of Termination of Employment 8th Edition 2012

Shareholder Claims
Edition: 1st
Format: Hardback
Author: David Greene
ISBN: 978 1 84661 296 1
Publishers: Jordans
Price: £110
Publication Date: March 2012

Publisher's Title Information

Shareholder Claims provides practical guidance on the statutory derivative claims introduced under the Companies Act 2006, and in addition sets out the equivalent procedure in other jurisdictions
Shareholders throughout the world are becoming more assertive in pursuing their rights against companies and directors. The law is developing in all jurisdictions to make it easier for shareholders to assert their rights by bringing claims in front of the court. Recent cases have seen a growth in both institutional shareholders such as pension funds and groups of individual shareholders taking action.
Shareholder Claims provides practical guidance on bringing claims including derivative claims under the UK Companies Act 2006, and claims under the Financial Services and Markets Act 2000, equivalent procedure in European centres and class action procedure in USA, Canada and Australia.
Written for both shareholders taking action and companies defending themselves.

Contents

Preface
List of Contributors
Table of Cases
Table of Statutes
Table of Statutory Instruments
Chapter 1
England and Wales
Chapter 2
United States
Chapter 3
France
Chapter 4
Germany
Chapter 5
Switzerland
Chapter 6
Austria
Chapter 7
Sweden
Chapter 8
Ireland
Chapter 9
Canada
Chapter 10
Japan
Chapter 11
Australia
Chapter 12
Guernsey
Chapter 13
Isle of Man
Chapter 14
Caribbean Offshore
Index

Editors

Editor
David Greene, Senior Partner, Edwin Coe LLP, London
List Of Contributors
Kiernan Bell (Caribbean Offshore: Bermuda) is the Bermuda Practice Group Head for Litigation & Insolvency.
Gearoid Carey (Ireland) is the Senior Associate, Litigation Department, Matheson Ormsby Prentice, Dublin.
Alasdair Davidson (Guernsey) is an Advocate of the Royal Court of Guernsey and Head of Litigation at Bedell Cristin.
Thomas Ertl (Germany) is a Legal Trainee and Business Mediator at Rotter Rechtsanwälte Partnerschaft.
Prof Dr Daniel Fischer (Switzerland) is an Attorney-at-Law, CFE, Mediator SAV, Senior Partner at AFP Advokatur Fischer & Partner.
Eva Hägg (Sweden) is a Partner, Public M&A and Equity Capital Markets, Mannheimer Swartling.
Kaj Hobér (Sweden) is a Partner, Dispute Resolution, Mannheimer Swartling.
Hiroyuki Ishizuka (Japan) is a Partner of Nagashima Ohno & Tsunematsu.
Susanne Jetschgo (Austria) is an associate, Kraft & Winternitz Rechtsanwälte GmbH, Vienna.
Rainer Maria Kraft (Austria) is an Attorney-at-Law, Kraft & Winternitz Rechtsanwälte GmbH, Vienna.
Isabelle Landreau (France) is the Founder and Partner, Landreau Law Paris.
Dimitri Lascaris (Canada) is a Partner, Siskinds LLP, London, Ontario.
John Melia (Isle of Man) is a Partner, Appleby (Isle of Man) LLC.
Anthony O'Brien (Canada) is an Associate, Siskinds LLP, Toronto, Ontario.
Klaus Rotter (Germany) has a Diploma in Business Administration, and is an Attorney-at-Law specialising in banking and capital market law at the firm Rotter Rechtsanwälte Partnerschaft .
Motoki Saito (Japan) is an Associate of Nagashima Ohno & Tsunematsu.
Alexander Schwartz (Switzerland) is an Attorney-at-Law, Civil Law Notary (Zug), Managing Director at AFP Advokatur Fischer & Partner.
Lora Shaw (Ireland) is a Senior Associate, Corporate and Commercial Department, Matheson Ormsby Prentice, Dublin.
Eliot Simpson (Caribbean Offshore: British Virgin Islands) is BVI Practice Group Head for Litigation and Insolvency, as well as the Local Team Leader for commercial dispute resolution, trust and estate litigation, insolvency and restructuring, fund disputes and insurance and reinsurance dispute resolution.
Ralph M. Stone (United States) is an Attorney, Stone Bonner & Rocco LLP, New York.
Akifumi Urabe (Japan) is an Associate of Nagashima Ohno & Tsunematsu.
Jacob Varghese (Australia) is Principal, Maurice Blackburn Pty Limited, Melbourne.
Andrew Watson (Australia) is Principal, Maurice Blackburn Pty Limited, Melbourne.
Jayson Wood (Caribbean Offshore: Cayman Islands) is the Counsel in Litigation and Insolvency Practice Group in Cayman. Twenty years' legal experience in all aspects of corporate and commercial litigation. Previously, partner-in-charge of the Dispute Resolution Team of Minter Ellison Lawyers (Gold Coast) in Australia.

Preface

It is no coincidence that the international debate on shareholders' rights has mirrored two worldwide events over recent years: first, the globalisation of investment products and, second, a worldwide recession in which corporate governance, particularly in banks, has become a political issue in the phase of recovery. Shareholders are placed at the core of corporate governance but often lack the power, and, very often, interest to assert control to police good governance. The relationship between shareholders and directors is all important. On the one hand, directors must be entrusted with running the day-to-day affairs of the business. On the other hand, the owners of the business, the shareholders, must be able to ensure that that trust will be and is fulfilled. Unfortunately where that trust is broken the facts are often discovered after the event. This book is about what happens then; what can shareholders do to forestall loss or remedy any losses suffered.
This work brings together outstanding practitioners from across the world who practise in claims that follow events such as directors' fraud or the supply of false information by a company to its investors. Many of the contributors are members of an international group of lawyers specialising in shareholder claims: the World Investor Lawyer Network('WIN').

We have included contributions from the major financial centres across the world; in Europe; England and Wales, France, Germany, Switzerland, Austria, Sweden and Ireland; the offshore centres of Guernsey, Isle of Man and the Caribbean as well as the United States, Canada and Japan. As will be seen each jurisdiction is going through stages of development. Whilst in the past many would seek to launch claims in the United States, if that were possible, the Supreme Court decision in Morrison v NationalAustralia Bank has closed that option for many non-US claimants. Theresult is that the focus is shifting as shareholders seeking to claim are searching out the best and most appropriate jurisdiction for their claim. At the same time those jurisdictions are developing changes to shareholders' rights and the court process to meet growing demand for enforceable rights.

This is, by its very nature, a short but comprehensive introduction to the position in each jurisdiction, providing the reader with a broad picture of what may or may not be done to pursue shareholder rights in the courts of the country of choice. This is a book not just for lawyers but for investors worldwide to consider what claim may arise and relief sought in the event that the trust that exists between them and their company and its directors breaks down.
 
David Greene
February 2012

More Details on Jordans Website on Shareholder Claims
Family Rights at Work
A Guide to Employment Law
Edition: 1st
Format: Hardback
Author: Robin Allen QC, Rachel Crasnow
ISBN: 978 1 84661 196 4
Publishers: Jordans
Price: £110
Publication Date: February 2012

Publisher's Title Information

Family Rights at Work: A Guide to Employment Law explains the highly regulated framework which governs the rights of working parents, and the difficulties that can arise in the law surrounding it, including:
Maternity issues
Adoption rights
Part-time and flexible working
Parental leave rights
Further discrimination including sexual orientation
Clear sections address each family-related issue which employers may encounter, and combine case-law analysis with guidance on how the rules and regulations can be applied in practice.
With its practical approach, Family Rights at Work: A Guide to Employment Law will assist employment lawyers and in-house lawyers, HR departments and local government lawyers with advising both employers and employees on the rights of working parents.

Contents

An Introduction to Family-friendly Law
Sex Discrimination
Pregnancy-related Rights
Maternity Leave
Statutory Adoption Leave and Pay
Statutory Maternity Pay and Allowances
Part-time and Flexible Working
Parental Leave
Other Kinds of Discrimination
Positive Action and Family Rights in
Employment
Key Procedures and Getting Help
Supporting Legislation

The Authors

Robin Allen QC is head of and specialises in employment, equality, discrimination and human rights, public law and local authority work. He has been dubbed by Chambers and Partners “an unrivalled authority on employment law in Europe” and in a 2011 review of barristers' appearances in the Industrial Relations Law Reports (conducted by the Equal Opportunities Review) deemed the number one under “All-Time Top 40 Advocates.” His clients vary from FTSE companies to Equality Commissions and he regularly appears in the European Court of Justice and the Supreme Court. Previous publications include (with Rachel Crasnow and Anna Beale) Human Rights and Employment Law (OUP 2007)
 
Rachel Crasnow is a leading employment specialist at with a reputation for combining European, employment and equality law skills. She is commended by Chambers and Partners for her expertise in discrimination law and represents both claimant and respondent clients in high-profile cases. Rachel has considerable appellate experience including most recently O'Brien v DCA which has been considered by both the Supreme Court and the European Court of Justice. As well as contributing to numerous publications including Employment Law and Human Rights (OUP 2007) and Blackstone's Guide to the Equality Act (OUP 2011), Rachel lectures to lawyers and jurists across Europe at the prestigious European Commission funded European Rights Academy on topics such as the burden of proof in domestic and European law.

Contributors

Anna Beale is an employment and discrimination specialist with a prolific appellate practice. She has particular expertise in the field of equal pay. Reported decisions include BP plc v Elstone [2010] ICR 879 and Wong v Igen Ltd [2005] 1 931. She has contributed to a number of publications including (with Robin Allen QC and Rachel Crasnow) Human Rights and Employment Law (OUP 2007)
Tom Brown specialises in employment, discrimination, public and human rights law and has experience spanning a range of clients and sectors of industry. He often provides advice for regulatory and public bodies including the Equality and Human Rights Commission. Tom has regularly appeared in the Employment Appeal Tribunal and the Court of Appeal and recently acted in Buckland v Bournemouth University [2010] ICR 908. In 2002-2003 Tom acted as judicial assistant to the late Lord Bingham of Cornhill, then Senior Law Lord.
Yvette Budé initially qualified as a solicitor before pursuing an employment and discrimination practice at the bar. She acts for both employers and employees. Yvette has appeared in numerous landmark decisions including Fecitt and ors v NHS Manchester [2011] EWCA Civ 1190 (which recalibrated the law on causation in cases of whistleblowing), serves as Junior Counsel to the Crown (C panel) and has been called to the New York Bar.
Sally Cowen has been practising in all areas of Employment since 1995, but has a particular interest in discrimination claims. She appears in the High Court, EAT, County Courts and ET. She also appears in the Scottish ET and EAT. Her crossover practice with personal injury gives her ease in the county court when dealing with discrimination claims and in the calculation of damages. Sally acts for employees and employers and she is regularly instructed by large service industry companies including major banks, NHS Trusts and charities.
David Massarella is recognised by Chambers and Partners as a leading junior in employment law with a thriving appellate practices including such landmark decisions as Meikle v Nottinghamshire County Council [2005] ICR 1 and Hardy & Hansons v Lax [2005] ICR 1565. He is co-author of the forthcoming guide to the Equality Act 2010 (Legal Action Group) and has contributed to leading publications including the Solicitor's Journal. David's experience of equality matters incorporates both employment matters and the provision of goods and services.
Chris Milsom is an employment law specialist who has acted for clients ranging from FTSE 250 companies, the Equality and Human Rights Commission, the Church of England, NHS Trusts and leading trade unions. Chris has accrued experience in a wide variety of industry sectors and in all major areas of discrimination law acting for both claimants and respondents. He has provided advocacy tuition to students at the College of Law and has contributed to the New Law Journal. Chris has regularly appeared before Employment Appeal Tribunal and advises on employment matters in the civil courts such as stress at work claims and restrictive covenants.
Sally Robertson specialises in the full range of discrimination and employment law and has regularly appeared in the EAT and the Court of Appeal. She has particular expertise of local authority and non-for-profit sectors including advice and representation in highly complex TUPE situations. Her work in the area of disability discrimination is especially renowned, bolstered by her consistent contributions to the Disability Rights Handbook and her practice in cases involving mental health and social security concerns. She has co-authored “Recent developments in Social Security law” for the Legal Action bulletin since 1994.
Sarah Fraser Butlin is an experienced employment law practitioner with particular expertise in multi-ground discrimination claims and appellate work. In addition to her private practices Sarah teaches at the University of Cambridge and has contributed to numerous publications including the Industrial Law Journal and the Discrimination Handbook (LAG 2nd edn).


Forward

The ability of men and women to fulfil the demands of work and also to enjoy a family life reaps real benefits, not only for employers and workers but also for the general well-being of society. We know this to be true. Working parents who can spend quality time with their children tend to be happier, healthier people, who are therefore more productive when they are at work. A working life that relentlessly takes you out of the home at dawn and back into it after bedtime is bad for your health, your relationships, your children and your sanity. We know this to be true too.

Yet the case for enabling workers to achieve that elusive balance between work and family life has still to be made out. Making provision for such a balance is still regarded, in some quarters, as inconsistent with economic growth and with the doctrine that 'time is money'.

But the law has stepped in, at first hesitatingly and then in ever-increasing strides. The need for respect and protection for workers' family lives has become part of the zeitgeist of our age. The laws that govern workers' family rights are now many and various, yet the connections between them are not always apparent. The thinking behind them has also changed. The notion that a balance between work and family life is an issue only for women is now disappearing, as more men want to share family responsibilities, or realise that they should share them, and as more men understand just how much they stand to lose by not achieving that balance for themselves.

This is therefore an important book, written at an important point in time. Understanding all these laws and how to apply them correctly is essential for everyone concerned with the world of work. Workers and employers alike need to know what their rights and obligations are. The authors, all experts in the field, are therefore to be congratulated for providing, in one place and in a readily accessible and comprehensive format, a book that fully explains all the relevant legal principles and the connections between them. In both structure and content this book has successfully achieved its aim of providing both thoughtful analysis and practical guidance for all those who need to understand, to advise on or to apply laws which will govern working people's lives for many years to come. It deserves a place on everyone's bookshelf. Mrs Justice Laura Cox, January 2012

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Trade Marks Law and Practice
Edition: 3rd
Format: Paperback
Author: Alison Firth, Gary Lea and Peter Cornford
ISBN: 978 1 84661 263 3
Publishers: Jordan Publishers
Price: £65
Publication Date: March 2012

Publisher's Title Information

Trade Marks: Law and Practice is a concise account of UK trade marks law within the European and international context. Written by Alison Firth and expert co-authors, this text deals with all the relevant domestic and international developments.
The text incorporates and analyses the ongoing amendments to the Trade Marks Act 2004, amendments to the Trade Marks Rules 2000 and the expansion of the system of international registration of trade marks under the Madrid Protocol and the International Trademark Treaty. The appendices include helpful consolidated versions of the Act and the Rules.
The work offers a coherent and logical analysis of the legal framework in which trade marks operate and is expertly distilled for ease and speed of reference. It considers the commercial functions of trade marks and how to use them; how to protect trade marks and the process of registration, licensing and assignment.
The new edition of Trade Marks: Law and Practice has been thoroughly updated to take account of major developments in this field, including Trade Marks Rules 2008 and case-law from UK courts, the Office of Harmonization for the Internal Market (OHIM) and the European Court of Justice

Contents

Author Biographies
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European and International Materials
Chapter 1
The Commercial Functions of a Trade Mark
Chapter 2
The Mark Itself
Chapter 3
Legal Modes of Protection
Chapter 4
Limits to Trade Mark Protection
Chapter 5
Registration
Chapter 6
Using the Mark
Chapter 7
Pursuing Infringements
Chapter 8
Defending Infringement Proceedings
Chapter 9
Cancellation of UK Registrations
Chapter 10
Licensing Others to Use the Mark
Chapter 11
Assignment of Marks
Chapter 12
Special Category Marks
Chapter 13
Trade Marks and European Union Law
Chapter 14
The Community Trade Mark
Chapter 15
Trade Mark Systems Worldwide: International Co-operation and
Harmonisation
Chapter 16
International Registration: the Madrid Agreement and Protocol
Appendix 1
Trade Marks Act 1994
Appendix 2
Trade Marks Rules 2008
Appendix 3
Council Directive (EC) No 2008/95
Index

The Authors

Alison Firth Professor, University of Surrey, Barrister
Gary Lea Senior Lecturer in Business Law, University of New South Wales
Peter Cornford Partner, Stevens Hewlett & Perkins

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