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

Books by Jordan Publishing

& Family Law 2015
APIL Guide to Fatal Accidents
Edition: 3rd
Format: Hardback Category: PI and Civil Litigation Law, Health and Safety Law, Law for Business
Author: Gordon Exall
ISBN: 978 1 84661 951 9
Publishers: Jordans
Price: £54
Publication Date: March 2015

Publisher's Title Information

This work provides practical advice on how to run a case involving a fatal accident
 
Fatal accidents present the lawyer with a set of problems distinct from those of non-fatal personal injury claims. In particular, who does the law categorise as a dependant and how do you calculate the claim for dependency?
 
The APIL Guide to Fatal Accidents, now in its third edition, provides practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and estate of the deceased.

This new edition includes:

A new chapter on pre-action conduct
A new chapter on damages in anticipation of death
Ogden 7
A new section on fatal accidents and same sex relationships
A revised chapter on Coroner's Inquests following the implementation of the Coroners (Investigations) Regulations 2013 and the Coroners (Inquests) Rules 2013
Useful practical materials such as client questionnaires, draft pleadings and schedules of damages complement the text. In addition the relevant statutory materials and the 7th edition of the Ogden Tables are reproduced for ease of reference. Initial Considerations
The Legal Background
Funding Fatal Accident Cases
Does the Client Have a Claim?
The Type of Incident that can give Rise to a Claim
Is Your Client a Dependant?
The Type of Financial Dependency that Entitles a Party to a Claim
Limitation and Other Matters that Could Bar a Fatal Accident Claim
Valuing the Dependency Claim
Basic Principles of Dependency Calculation
Section 4 of the Fatal Accidents Act 1976 - Matters Which Should be Disregarded
Loss of an Income Earner
Damages for Death of a Mother or Carer
Dependency Cases: Parents of Adult Children; Loss of a Child
Difficult Issues in Dependency Claims
Non-dependency Claims
Damages in anticipation of death
Funeral Expenses
Bereavement Damages
Injuries and Losses of the Deceased Prior to Death
Damages for Injury to Another Arising Out of the Death
Procedure
Pre-action conduct
Pre-action Protocols
Procedural Matters Upon Issue of Proceedings
Drafting Witness Statements
The Schedule of Damages
Apportionment
Matters Requiring Special Care
Damages in anticipation of death
Criminal Injuries and Fatal Accidents
An Introduction to the Coroners' Inquest
Future Developments in the Law Relating to Fatal Accidents
The Law Commission Recommendations
Human Rights and Fatal Accident Claims
Appendices
Example Client Questionnaire
Checklists
Precedents
Statutory Materials
Ogden Tables (7th Edition)
Further Reading

Reviews

"the new, second edition of the APIL Guide to Fatal Accidents ... gives excellent practical advice on how to run a case involving a fatal accident and how to secure maximum awards for the family, friends and the estate of the deceased person ... amazingly, in just over 300 pages, Exall takes us on a tour of the subject ... 26 chapters with 6 excellent appendices including the legislation and Ogden Tables ... Patrick Allen who describes the guide as 'a model of clarity and practical application for lawyers trying to find their way through the maze of law and procedure relating to fatal claims'" Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

"provides a very useful and accessible overview to a complicated subject" PIBA newsline


Cohabitation
Law, Practice and Precedents
Category: Family Law
Edition: 6th
Format: Hardback
Author: Authors/Editors: John Eames, Ashley Murray, District Judge Helen Wood, Mark Harrop, Angharad Palin ,
ISBN: 978 1 84661 987 8
Publishers: Jordans
Price: £85.50
Publication Date: March 2015

Publisher's Title Information

The numbers of unmarried cohabiting couples continue to increase, with the result that the law and practice relating to this area continues to grow in significance for family and private client lawyers. This new edition of Cohabitation: Law Practice and Precedents has been extensively revised to take account of all procedural developments, as well as analysis of significant case-law.
 
Whether preparing a cohabitation contract or pre-nuptial agreement, drafting wills for cohabiting couples, advising on rights on the breakdown of a relationship or the death of a partner, or applying for a personal protection order or a parental responsibility agreement, practitioners will find authoritative analysis of the applicable law and expert guidance on procedural issues.
 
Cohabitation: Law, Practice and Precedents is the only work on the subject to provide commentary, checklists, procedural guides and precedents in a single volume making it an invaluable aid to all practitioners advising unmarried couples. This new edition comes with a CD-ROM containing all the precedents covered in the volume.
 
Essential reading for all practitioners who advise unmarried couples:
Solicitors and Barristers practising in both family and private client law
Family mediators
Accountants
Financial advisers
Contents
Property
Cohabitation Agreements
Taxation of Unmarried Couples
Personal Protection
Children
Death and Succession
Pension Rights of Cohabitants
Pre-nuptial Agreements
Cohabitation and Welfare Benefits

Preface

The aim of this book is to assist practitioners when dealing with the particular requirements of those who are neither married nor in a civil partnership. A lawyer will usually only be consulted when a relationship is either in difficulties or at an end. It is at this stage that myths as to entitlement to property and financial provision may have to be exploded. This is so especially in relation to property where there remains very little statutory protection for cohabitants and uncertainty abounds. The approach of this book is that 'prevention is better than cure'. It is divided into ten sections. Each sets out the substantive law and, where appropriate, precedents and procedural guides. As such it is multi-disciplinary, enabling practitioners to advise clients fully at all stages of a cohabitation relationship, and on every aspect.
 
The law is as stated at 1 February 2015.
 
Helen Wood, February 2015

Reviews

"Practitioners tasked with advising unmarried couples -- or those in a civil partnership -- on any, or all aspects of their lives, including relationships and finances, should acquire this book...it is to date, the only work specifically on cohabitation to combine informed and authoritative commentary with checklists, procedural guides and precedents, all in one single volume...District Judge Helen Wood points out that lawyers are usually consulted only when a cohabiting relationship is in difficulties...Her view and the basic approach of the book is that 'prevention is better than cure.'...Probert remarks, 'the need for a work that deals with the legal position of unmarried couples is greater today than ever before'. With their number now approaching the three million mark, this latest, up-to-date edition of this definitive work -- with its accompanying CD ROM -- is an essential purchase for all professional advisers in this field: mediators, accountants and financial advisers, as well as practitioners."
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
 
Previous Editions
"... the book takes a multi-disciplinary approach to this often vexed subject ... contains vital material new to this edition ... Scholarly, thorough and readable, this is a book designed with the needs of the busy practitioner in mind. Its extensive resources for further research include tables of cases, statutes, statutory instruments and international material ... if you're advising cohabiting couples on any aspect of law, this book, particularly in this new edition, should be regarded as a definitive guide to the subject and an essential purchase ...
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"Readers will welcome this comprehensive and authoritative work on an area of human interaction which is gaining social prominence and legal importance"
 
"Makes for a timely fifth edition of Jordans' Cohabitation: Law, Practice and Precedents, which presents an important vision of things to come. Written by leasers in their field, representing both practitioners and the judiciary, the book brings together all the many legal and practical issues practitioners face when advising cohabitating clients, those considering cohabiting, or those experiencing issues with cohabiting members of their family or others with whom they encounter legal issues. The legal treatment of such relationships is frequently less clear than with those clients in formal unions, and this book distils that treatment into navigable chapters and sensible commentary which is both up-to-date and comprehensive, and in a manner which can be easily worked into a form a lay client will understand and appreciate. This authors clearly had clients in mind when producing this work, which makes life easier for the practitioner"
 
"The 'Procedural Guides' section provides readers with a mine of up-to-date information on a number of issues related to cohabitation, and must surely answer any question a practitioner new to this area may have. Similarly, the checklists and precedents (both non-contentious and contentious) bring together signposts and substantive documents, which are both user-friendly (a soft copy on CD) and invaluable"
PS, Private Client Magazine, Law Society, September 2012, Issue 101
"There is all the armoury for practitioners to advise unmarried couples ... contains precedents for almost any situation"
ALC Newsletter
“A very good buy ... not just for family lawyers"
New Law Journal


Judicial Review Law and Practice
Edition: 2nd
Format: Hardback
Authors: Sam Karim, The Hon Mrs Justice Patterson DBE, Justin Leslie
ISBN: 978 1 84661 9144
Publishers: Jordan
Price: £89.10
Publication Date: Feb 2015

Publisher's Title Information

Provides practitioners with a comprehensive introduction to judicial review proceedings.
The second edition of Judicial Review: Law and Practice has been extensively rewritten to provide practitioners with a comprehensive companion to judicial review proceedings. It covers the substantive law of judicial review including grounds of review and remedies, and looks in detail at the practice and procedure specific to such claims. This element of the book has been significantly extended.
 
The largest part of the work is dedicated to individual areas of the law where judicial review is relevant, including planning and environment, community care, housing, mental health, criminal law, education, licensing, central/local government and immigration law. It provides a wide-ranging coverage of administrative law and its niche practice areas including essential procedural rules, forms and guidance issued by the Administrative Court.
 
Whether you are a specialist public lawyer or whether you practice in areas of law where expertise in judicial review is required, Judicial Review: Law and Practice provides the guidance you need to take on and manage cases confidently.
For more information view the leaflet.

Contents

Part 1 General principles
Grounds of Judicial Review
Remedies
Practice and Procedure
The Tribunal System
Part 2 Specific Areas
Planning and Environment
Community Care
Housing
Mental Health
Criminal Law
Education
Healthcare
Licensing
Local/Central Government
Immigration Law
Prisons
Commercial JR
Child Care


General Editors

The Hon Mrs Justice Patterson DBE,
formerly Public Law Commissioner, Head of Kings Chambers, Manchester and Leeds
Sam Karim,
Barrister, Kings Chambers, Manchester
Assistant Editor
Justin Leslie,
Barrister, 42 Bedford Row and Assistant Parliamentary Counsel
Contributors
Simon Burrows
Colin Crawford
Jonathan Easton
Adam Fullwood
Anthony Gill
Freddie Humphreys
Matthew Stockwell
Abigail Telford
Ben Williams
All Barristers, Kings Chambers
Melanie Plimmer, Tribunal Judge
Jesse Nicholls
Barrister, Garden Court Chambers
Matthew Stanbury,
Barrister, Garden Court North
Hugh Southey QC,
Matrix Chambers

Introduction

This book is designed to provide a source for public law practitioners who practise across the broad spectrum of laws in which judicial review is used as an avenue of redress. It is also of value to others who appear less frequently in the Administrative Court but need a convenient reference point. Part 1 seeks to concentrate primarily on the central subject matter, namely, judicial review. Part 2 considers how judicial review is currently utilised to review the lawfulness of the powers and duties of those exercising public function in various areas.
 
Because of the ever-evolving nature of judicial review and administrative law this work does not seek to be a comprehensive encyclopaedia on judicial review. Indeed, it is hard to think that any work could be so. What this work does is to cover the main subject areas where judicial review claims are brought.

What is Judicial Review?

The Bowman Report summarised judicial review as, 'the means by which those with a “sufficient interest” can challenge the exercise or non-exercise of powers by public bodies on the grounds of illegality, irrationality or procedural impropriety'.
 
Although originally a cause of action against central or local government, judicial review now extends to cover many non-governmental organisations and into the commercial world. Put another way, administrative law determines the powers and duties of administrative authorities. As set out by Sir Ivor Jennings, administrative law should be defined according to its subject matter: the law of public administrative or administrative law. Carnwath LJ has said recently 'Judicial review is the court's response to allegations of abuse of power adversely affecting the rights or interests of those bringing the claim. The starting point must therefore be to identify the legal source of the power in question and the practical consequences of its exercise'.
 
The importance of the Administrative Court and its function cannot be understated. Sir Thomas Bingham MR (as he then was) in R v Ministry of Justice ex p Smith described the Court as having, '… the constitutional role and duty of ensuring that the rights of citizens are not abused by the unlawful exercise of executive power …'
 
At the Administrative Court an individual seeks to challenge a decision of an administrative body by way of achieving one or more of the various remedies that are potentially available, namely (a) a quashing order (formerly known as certiorari); (b) a prohibiting order (formerly known as prohibition); (c) a mandatory order (formerly know as mandamus); (d) a declaration; (e) an interim declaration; (f) an injunction; and (g) a substitutionary remedy.
 
Judicial review, therefore, is a process by which the above remedies may be applied for in a specialist part of the High Court (Queens Bench Division), which considers public law and administrative law cases, namely, the Administrative Court.
The supervisory jurisdiction of the Administrative Court is not to be underestimated. The unique nature has been described by commentators as '… the question is not whether the judge disagrees with what the public body has done, but whether there is some recognisable public law wrong …'. As aptly put by Professor Paul Craig who explained theconceptual justification for judicial intervention within the context of the supervisory role as:
'It is readily apparent that the execution of legislation may require the grant of discretionary power to a minister or an agency. Parliament may not be able to foresee all the eventualities and flexibility may be required to implement the legislation. The legislature will of necessity grant power subject to conditions […] Herein lies the modern conceptual justification for judicial intervention. It was designed to ensure that those to whom such grants of power were made did not transgress the sovereign will of Parliament.'
Lord Clyde in Reid v Secretary of State for Scotland [1999] 2 AC 512 said that:
'… [judicial review] does not allow the court … to examine the evidence with a view to forming its own view about the substantial merits of the case. It may be that the tribunal whose decision is being challenged has done something which it had no lawful authority to do. It may have abused or misused the authority which it had. It may have departed from the procedures which either by statute or at common law as matter of fairness it ought to have observed. As regards the decision itself it may be found to be perverse, or irrational, or grossly disproportionate to what was required. Or the decision may be found to be erroneous in respect of a legal deficiency, as for example, through the absence of evidence, or of sufficient evidence, to support it, or through account being taken of irrelevant matter, or through a failure for any reason to take account of a relevant matter, or through some misconstruction of the terms of the statutory provision which the decision-maker is required to apply. But while the evidence may have to be explored in order to see if the decision is vitiated by such legal deficiencies it is perfectly clear that in a case of review, as distinct from an ordinary appeal, the court may not set about forming its own preferred view of the evidence.'
The 2000 edition of the Treasury Solicitors' publication, The Judge Over Your Shoulder provides a useful description of who is affected by administrative law stating that:
'1.2 “Administrative” or “public” law governs the acts of public bodies and the exercise of public functions. Public bodies include “non-departmental public bodies”, such as the Committee on Standards in Public Life, and Next Steps Agencies like HM Prison Service.
1.3 Private sector bodies may also be subject to administrative law when they exercise a public function. Generally, bodies exercise public functions when they act and have authority to act for the collective benefit of the general public. The activities of City institutions with market regulatory functions, like the London Stock Exchange, are a good example.'
The fourth edition of the publication also provides that:
'The Human Rights Act 1998 is part of administrative law because it governs the exercise of statutory powers by public authorities. For example, the Act has an important bearing on the way in which those powers are to be interpreted. The devolution legislation is part of administrative law for the same reason. Likewise European Community (EC) law may be relevant to the exercise of statutory Powers.'

Review

"...the book's plain English approach is refreshing and the thoroughness of the research and scholarship is certainly reassuring ... you'll gain confidence and self-assurance as a practitioner in thus difficult area with this book to hand. If you are involved professionally in any aspect of public law, you can't afford not to have this useful and authoritative volume in your library."

Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers


APIL Guide to Personal Injury Claims Procedure
Category: PI and Civil Litigation Law
Edition: 2nd
Format: Paperback
Author: John McQuater
ISBN: 978 1 84661 234 3
Publishers: Jordan Publishing
Price: £58.50
Publication Date: March 2015

Publisher's Title Information

APIL Guide to Personal Injury Claims Procedure guides the reader through each step of a standard PI claim providing details of the applicable procedure and focusing on common problems with consideration of the relevant case-law. This new edition has been updated to cover:
The new RTA claims process
Developments on Part 36 (unravelling the latest complex case-law)
The latest cases on disclosure, including the concept of 'proportionality' in connection with privacy, e-documents and surveillance evidence
An in-depth look at expert evidence with a review of cases considering when, in personal injury litigation, this is 'reasonably required'
Numerous other procedural points including developments on setting judgment aside, service and changes to the CPR

Contents

The Protocol
Issuing Proceedings
The Defence
Allocation Questionnaires and Case Management
Disclosure and Inspection
Factual Evidence
Expert Evidence
Applications for Court Orders
Pre-Trial Checklists
Trial
Settlement
Costs

The Author

John McQuater qualified as a solicitor in 1983 and is partner at Atherton Godfrey, where he is head of litigation with overall responsibility for the Personal Injury and Clinical Negligence Teams.

Reviews

"offers ... practical and straightforward guidance" Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers
 
“...will prove to be a good friend to aspiring personal injury solicitors and a useful vade mecum to the more experienced.” New Law Journal


Employment Guide to Procedures
Category: Employment Law
Edition: 1st
Format: paperback
Author: Simon Harding
ISBN: 978 1 84661 967 0
Publishers: Jordan
Price: £40.50
Publication Date: March 2015

Employers who have robust systems and procedures in place, the right paper trail, and the right documents, stand a much greater chance of successfully resisting employment tribunal claims and other claims than those employers who do not.
 
This guide explains how employment law can be used to the company's advantage by clearly stating what companies need to know, and in many cases, why.
 
Employment Guide to Procedures explains:

What systems and procedures you need, why you need them, and what can go wrong if you do not have them in place
How to recruit fairly
The different forms of employment relationship you may have with your staff, job descriptions, staff handbooks, personnel files, tax and national insurance
How employees can sue you in tribunals, personal injury claims and data protection infringement claims
How to protect your intellectual property from theft by employees
The importance of the need to have systems and practices in place from the start
The Guide also includes:
Template documents providing guidance on what should be contained in an employment contract, terms and conditions of employment and the staff handbook
Samples of Temporary Worker Agreements and Consultancy Agreements
This is all presented in an accessible and easy to digest way, with no jargon.
 
Read more about who this guide is aimed at.
 
Find out the background behind why this guide was written.

Contents

Introduction - A Stitch in Time Saves Nine
Procedures and Systems Save You Money
How to Recruit Fairly
Contracts, Staff Handbooks, Personnel Files
Non-Employment Tribunal Cases - Where else can I be sued?
Intellectual Property and Information
Misconduct, Capability and Redundancies - Introduction
Disciplinary Procedures - Misconduct
The Disciplinary Process
Employee Grievances
Sickness and Capability
Redundancy and Business Reorganisation
Compromise Agreements
Final Considerations
Resources
Appendix
Index

The Author

Simon Harding is an experienced employment and business barrister. Before coming to the Bar he worked in local government, industry and for the Environment Agency. Representing employers and employees alike he has advised all sizes of company, from small start-ups to medium sized businesses and represented large national and international companies. He has represented in many discrimination cases as well as unfair dismissal claims and also specializes in whistle blowing claims.

Reviews

"An excellent prime statement for the modern entrepreneur who needs to understand current employment law and procedures ... excellent and informative book ... it is much more of a commonsense management tool than a law book! ... required reading for anyone who has set up a company, or is proposing to set up a company"
Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers

"Written for non-legal professionals, the guide has a friendly tone; it doesn't bombard the reader with intimidating information, only practical guidance. If followed, the business owner will be equipped to avoid unwanted scenarios and possible law pursuits against the company. Similar books on the market only offer general employment procedural advice."
 


APIL Clinical Negligence
Category: PI and Civil Litigation Law
Edition: 2nd
Format: Paperback
Author: Authors/Editors: Paul Balen
ISBN: 978 1 84661 822 2
Publishers: Jordan Publishing
Price: From £67.50
Publication Date: November 2014

Publisher's Title Information

This practical work focuses on the key and developing areas of clinical negligence
APIL Clinical Negligence focuses on the key and developing areas of clinical negligence including medical product claims. It combines know-how about conducting these claims with the latest thinking on new and developing areas of practice.
 
This new edition has been substantially revised to take account of:
New Coroners Rules 2013
Funding post-Jackson
Causation - recent case-law such as AB & Others v MoD
Medical Products - O'Byrne v Aventis Pasteur MSD
Case Management - new standard directions for clinical negligence
Changes to CPR affecting chapters on Experts, Part 36 and Damages
The Appendices include a glossary of medical abbreviations, suggested Model Directions in Clinical Negligence cases, and a comprehensive list of useful contact addresses.
 
The result is a highly practical work, offering detailed guidance and expert legal analysis that will be essential reading for all active and potential clinical negligence lawyers and should be of interest to those medical practitioners interested in the role of the expert witness in these cases.

Contents

Dealing with trauma victims
Medical records
Complaints
Funding
Inquests
Medico-legal ethics
Duty of care
Causation
Limitation
Liability for Defective medical products
Case Management
Experts
Experts' meetings
Instructing experts
Offers to settle
Mediation and ADR
Care Regimes
Damages
Medical Glossary
Contributors
Jalil Asif
Paul Balen
David Body
Dr Tom Boyd
Simon Cridland
Rob Dickason
Claire Fazan
Christopher Gibson QC
Philip Havers QC
Adrian Hopkins QC
Jeremy Hyam
John McQuater
David Marshall
Jon Nicholson
Aaron Rathmell
Rosamund Rhodes-Kemp
Suzanne Staunton

Review

"this book is... like having an expert adviser methodically and calmly leading you through the various stages of case management, whether an interview, a meeting, or the complex task of obtaining, sorting and checking documents ... a source of time-saving information for the busy practitioner ... an essential purchase." Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers


LINKS

"Internet Law Book Reviews" Copyright: Rob Jerrard 2015