"INTERNET LAW BOOK REVIEWS" Provided by Rob Jerrard LLB LLM (London)

Oxford University Press Books Reviewed in 2011

Corruption and Misuse of Public Office
Edition: 2nd
Format: Hardback
Authors: Colin Nicholls QC, Timothy Daniel, Alan Bacarese, and John Hatchard
ISBN: 978-0-19-957727-9
Publishers: Oxford University Press
Price: £165
Publication Date: 29th Sept 2011

Publisher's Title Information

A new edition of an established comprehensive and analytical work on this important and topical subject
Sets out the UK law relating to corruption and misuse of public office in a clear and accessible manner
A complete guide to handling a corruption case, and recovery of the proceeds of corruption under criminal and civil law
Analyses the regulatory mechanisms for managing standards in public life and in the private sector
Provides detailed coverage of international and regional anti-corruption instruments including the UN Convention Against Corruption and the OECD anti-bribery convention
Coverage of the FCPA and corruption laws of 16 key jurisdictions
Written by leading practitioners informed by their extensive international experience of handling corruption cases

New to this edition

Covers major developments since the publication of the first edition, including in-depth analysis of the UK's Bribery Act 2010 and guidance on the new corporate offence, and the US Foreign Corrupt Practices Act
Examines developments in a number of jurisdictions currently revisiting and revising their anti-corruption legislation, as well as significant developments internationally in the area of mutual legal assistance and civil recovery
The law and practice relating to corruption and the misuse of public office is of increasing topical importance. The first edition of this book provided a comprehensive and detailed analysis of the law relating to corruption as it had been shaped over recent years.
 
This new edition covers all major developments since the publication of the first edition, including the Bribery Act 2010; the US Foreign Corrupt Practices Act; the United Nations Convention Against Corruption; current revision and implementation of anti-corruption legislation in a number of important jurisdictions; and changes to the area of mutual legal assistance and civil recovery.
 
Written by leading practitioners with extensive experience of handling corruption cases, the book provides a clear exposition of the current law. It examines the legal and practical issues relating to the investigation and prosecution of corruption cases and includes coverage of specialist areas such as recovering the proceeds of corruption, and whistleblowing.
 
Corruption cases often span jurisdictions. This book enables practitioners to handle any aspect of a corruption case by providing them with detailed analysis of the international efforts to combat corruption, and the legal developments taking place in key jurisdictions and regions covered by UN, EU, OECD, the Commonwealth, and important regional initiatives.

Contents

1: The Meaning and Scope of Corruption
The Meaning of Corruption
The scope of this book
Arrangement of the Book
PART I: CRIMINAL LAW
2: Corruption and Related Offences before 2011
Introduction
The Common Law Offence of Bribery
Statutory Offences
Alternative Charges
Liability of Corporate and Unincorporated Bodies
Jurisdiction
Sentencing in Common Law Bribery and Prevention of Corruption Acts Cases
Other Statutory Offences Involving Corruption
3: The Movement for Reform
Early Initiatives
The Law Commission Report 1998 and the 2003 Draft Corruption Bill
The Home Office Consultation Paper 2005
The Transparency International Corruption Bill 2006
Responses to the Home Office Consultation Paper 2007
The Law Commission Consultation Paper 2007
The Law Commission's Report 2008
The Government's Draft Bill
The Joint Committee 2009
The Bribery Bill
Passage of the Bill
4: The Bribery Act 2010
Overview
General Bribery Offences
Bribery of Foreign Public Officials
Failure of Commercial Organisations to Prevent Bribery
Special Cases
Prosecutions and Penalties
Other Provisions about Offences
Supplementary and Final Provisions
5: Guidance on 'Adequate Procedures'
Introduction
The Statutory Guidance
The Guidance
The Six Principles
Clarification of Difficult Issues
Standard Setting in the Private Sector
Sector-Specific Initiatives
6: Misconduct in a Public Office
Introduction
The Scope and Elements of the Offence
The Elements of the Offence
Charging practice, applicability of the offence and sentencing policy
Future developments
The Tort of Misfeasance in Public Office
7: Investigation, Prosecution, and Sentencing in Corruption Cases
Criminal Investigations
Prosecution Agencies
Reactive Investigations
Proactive Investigations
Whistle-blower Protection
Sentencing in Corruption Cases
Recent developments in the prosecution of major corruption cases in the UK
International Cooperation Generally: Mutual Assistance and Mutual Legal Assistance
Extradition
Extradition to the United Kingdom
Proposed Review of United Kingdom's Extradition Arrangements
PART II: CONFISCATION AND RECOVERY OF ASSETS
8: Criminal Confiscation and Civil Recovery
Recovery of the Proceeds of Corruption
Criminal Restraint and Confiscation
Civil Recovery Under POCA
Non-POCA Civil Recovery
Jurisdiction and Choice of Law
Grand Corruption
9: Civil Actions and Remedies
Introduction
Who May Be a Claimant?
Who May Be a Defendant?
Remedies Against a Dishonest Agent
Remedies Against Third Parties
International Arbitration, Public Policy, and Corruption
PART III: INTEGRITY IN PUBLIC LIFE
10: Regulating Conduct in Public Life
Introduction
The Legislature
Executive
The Judiciary
The Civil Service
Local Government
Other Public Bodies (Quangos)
PART IV: INTERNATIONAL AND REGIONAL ANTI-CORRUPTION INITIATIVES
11: The United Nations Convention Against Corruption I: Preventative Measures
Introduction
Background to the UNCAC Convention
Preventive measures
12: The United Nations Convention Against Corruption II: Criminalisation, International Cooperation, Asset Recovery, and Mechanisms for Implementation
Introduction
Criminalisation and law enforcement
Chapter IV: International cooperation
Chapter V: Asset recovery
Mechanisms for implementation
13: The Bribery of Foreign Public Officials
Introduction
The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1977
Criminalization (Article 1)
The Consequent Debate: The Scope of Criminalization
Defences
Liability of Legal Persons (Article 2)
Sanctions (Article 3)
Jurisdiction (Article 4)
Enforcement and Prosecutorial Discretion (Article 5)
Statute of Limitations (Article 6)
Money Laundering (Article 7)
Accounting (Article 8)
Mutual Legal Assistance (Article 9)
Extradition (Article 10)
Tax Deductibility
Progress and the Future for the OECD Anti-Bribery Convention
14: European Anti-Corruption Initiatives and Instruments
Introduction
Council of Europe
The European Union
The OECD
15: Other International Anti-Corruption Initiatives
African Initiatives
The Inter-American Convention Against Corruption
Asia-Pacific
The Commonwealth
The World Bank Group
PART V: CORRUPTION LAWS OF OTHER JURISDICTIONS
16: The Investigation and Prosecution of Foreign Corruption in the United States
Introduction
Enactment of the Foreign Corrupt Practices Act 1977
Overview of the FCPA
The anti-bribery offence
The FCPA accounting provisions
Penalties for FCPA Violations
Offences Frequently Associated with FCPA Violations
Enforcement
Conclusions
17: Common Law Jurisdictions
Australia
Canada
India
Ireland
Kenya
New Zealand
Nigeria
Singapore
The United States
18: Civil Law and Other Jurisdictions
Brazil
China
France
Hong Kong
Russia
South Africa
The United Arab Emirates
19: Offshore Financial Centres
Definition of an Offshore Financial Centre
The role of OFC's
The concern about the OFC's
Secrecy Jurisdictions
Banking Secrecy
Consequences in relation to Corruption and Money Laundering
The Future of the Issue
Switzerland
PART VI: THE ROLE OF CIVIL SOCIETY
20: The Role of Civil Society Organizations in Combating Corruption
Introduction
Promoting Standard Setting in the Corporate Sector
Providing Access to Legal Materials
Involvement in the Development of International and Regional Anti-Corruption Instruments
Providing Education and Training
Seeking to Quantify Corruption
Scrutinizing and Contributing to the Development of Anti-Corruption Laws, Procedures and Jurisprudence
A Note on Selected Anti-Corruption Organisations
Appendices
Appendix 1 - Prevention of Corruption Acts 1889 to 1916 and Anti-Terrorism, Crime and Security Act 2001, Part 12: Bribery and Corruption
Appendix 2 - United Nations Convention Against Corruption
Appendix 3 - The Bribery Act 2010
Appendix 4 - Guidance

The Authors

Colin Nicholls QC, Barrister, 3 Raymond Buildings, Timothy Daniel, Partner, Edwards Angell Palmer & Dodge UK LLP, Alan Bacarese, Special Counsel, Peters & Peters UK LLP, and John Hatchard, Professor, The Open University, School of Law

Reviews

Review(s) from previous edition
 
"This is an unusual text-book, in that it does not merely set out the law. Behind the text, one can discern the authors' passionate personal dedication to the fight against corruption, an essential addition to your library. - The Lord Chief Justice, Lord Phillips of Worth Matravers

"This book fills a large gap and will, I predict, prove to be a valuable tool for those bent on attacking an evil that, if unchecked, can infect the life of a nation" - The Lord Chief Justice, Lord Phillips of Worth Matravers

"The greatest attribute of the book is that it brings together, in one place, a wide range of primary and secondary legislation together with international treaties and agreements...I was greatly impressed by their clear and detailed knowledge and experience of what is a very confusing area of law both to the British and to many overseas businessmen and politicans.'" - Philip Taylor, MBE, Journal of the Commonwealth Law and Legal Education
"This book seeks to fill an important gap in the literature by bringing together, in one source, a wide range of primary and secondary legislation along with international treaties and other documents. As well as considering UK and ECHR law the book draws upon a vast amount of international literature and laws, recognising that corruption has little regard for national borders." - Andrew Keogh, Crimeline, May 2006

"[A] worthwhile and valuable contemporary book" - Phillip Taylor MBE, Journal of Commonwealth Law and Legal Education

FOREWORD TO THE SECOND EDITION

Since the publication of the first edition of this work, the proposal to pass a Bribery Act has become reality. The Bribery Act 2010 is now in force and is covered in depth in this book. This is not the only reason why the text of the second edition has grown to nearly double the size of the first. The book now also reflects the growth of appreciation, not merely in this jurisdiction but in other parts of the world, of just how significant a threat to democratic societies and the rule of law is posed by the insidious evil of corruption and explores the strategies for tackling it.

Half measures have not stopped and will not stop corruption. Happily the Bribery Act is no half measure. It makes it an offence to bribe a person or to receive a bribe, where the purpose is to receive or provide an improper advantage. There is a further specific offence of bribing a foreign public official. A bribe is not defined by the Act and businessmen will be anxious to know at what point 'corporate hospitality' becomes a criminal offence.

Section 7 is the most far-reaching provision of the Act. It creates an offence of strict liability for commercial organizations where an 'associated person' bribes another person intending to obtain or retain business or an advantage in the conduct of business. To establish a defence the commercial organization must prove that it had in place 'adequate procedures' designed to prevent bribery.

The reach of the Act could not be wider. It applies to all commercial organizations, regardless of their form, that carry on any part of their business within the United Kingdom, regardless of where they are incorporated, where they have their head office, or where the conduct which forms any part of an offence takes place.

These new offences raise a host of novel and difficult problems. Concern as to their ambit had the unfortunate effect of delaying the coming into force of the Act pending the provision of guidance by the Ministry of justice as to how the Act will work. That guidance has now been provided, and is covered by this book, but both businesses and legal practitioners are likely to wish to look further for assistance which the book provides by indicating the large variety of private sources which are available. That is reason enough for replacing the first edition of this work with the second, or for filling the gap in your bookshelf if you did not own the first, but the expanded and updated examination of corruption around the globe is an equally good reason for doing this.

Nicholas Phillips The Supreme Court
Parliament Square London SW1P 3BD

For More Information on Corruption and Misuse of Public Office 2nd Edition go to the Oxford University Website at:


Redundancy: The Law and Practice
Edition: 3rd
Format: Hardback
Author: John McMullen
ISBN: 978-0-19-954417-2
Publishers: Oxford University Press
Price: £75
Publication Date: 14th July 2011

Publisher's Title Information

Provides a comprehensive and practical working guide to redundancy written by a leading employment specialist
Offers analysis of significant recent cases such as Rolls-Royce Plc v UNITE the Union [2009] EWCA Civ 387 and Kraft Foods UK Limited v Hastie [2010] ICR 1355
Considers the impact of the Equality Act 2010 on redundancy law, in particular in relation to selection for redundancy and contractual enhanced redundancy schemes
Provides coverage of the new rules on collective redundancies following the ECJ decision in Junk v Kühnel and the effect of the Collective Redundancies (Amendment) Regulations 2006
Offers helpful and practical appendices
Redundancy: The Law and Practice explores redundancy law from a practical but also authoritative and analytical standpoint. Containing sections on redundancy payments, unfair dismissal, and collective redundancies, as well as a number of practical tools, the book is an invaluable resource for practitioners working in the area.
Now in its third edition, the book has been fully revised and extended to accommodate the extensive changes in legislation that have been implemented since the publication of the second edition in 2001.
It analyses the wealth of recent case law and legislative changes, particularly with reference to unfair dismissal, discrimination, collective consultation and voluntary serverance arrangements.
Redundancy: The Law and Practice is an invaluable reference for any practitioner working in the area of employment law.

Contents

Introduction
Part 1 - Redundancy Payments
1: Qualifying Factors
2: The Requirement of Dismissal
3: The Definition of Redundancy
4: Re-employment
5: Death of an Employer or Employee
6: Lay-off and Short-time Working
7: Misconduct and Strikes
8: Claiming and Calculating a Redundancy Payment
Part 2 - Employment Protection Rights Associated With Redundancy
9: Guarantee Payments and Time Off to Look for Work or Training
10: Redundancy and Unfair Dismissal
Part 3 - Collective Redundancies
12: Information and Consultation on Collective Redundancies
13: The Information and Consultation of Employees Regulations and Redundancy Warning and Consultation
Part 4 - Contractual Redundancy Schemes
14: Contractual Redundancy Schemes
Appendices

For More Information on Redundancy The law and Practice 3rd Edition go to the Oxford University Website at:


The Law of Industrial Action and Trade Union Recognition
Edition: 2nd 2011
Format: Hardback
Author: John Bowers QC, Michael Duggan, and David Reade QC
ISBN: 978-0-19-958962-3
Publishers: Oxford University Press
Price: £95
Publication Date: 12 May 2011
 

Publisher's Title Information

The only work to focus comprehensively on industrial action and trade union law
Deals with all aspects of bringing and defending recognition claims and industrial action injunctions to ensure nothing is missed when planning a case
Written by a team of experienced practitioners, providing expert guidance as an effective source of reference
Offers step-by-step guidance and includes forms and precedents to assist practitioners when negotiating and drafting documents
New to this edition
Covers all recent case law including the decision in Metrobus, BA, and National Rail, cases from the European Court of Human Rights, and the Central Arbitration Committee decisions
Completely up-to-date with all changes brought in by amendments to the Trade Union and Labour Relations (Consolidation) Acts in 1992 and 2005, and the Employment Relations Act 2004
The law relating to industrial action and trade union recognition is complex and rapidly moving. This new edition of The Law of Industrial Action and Trade Union Recognition provides a new and updated analysis of this difficult and technical area of law.
 
This edition offers comprehensive coverage of all aspects of bringing and defending recognition claims and industrial action injunctions to ensure that nothing is missed when planning a case. It includes full coverage of trade union recognition, employment protection rights, deductions from pay, and the impact of the Human Rights Act 1998 on strikes and picketing. It also contains step-by-step guidance and forms and precedents to assist practitioners when negotiating and drafting documents. The new edition is completely up-to-date with all changes brought in by amendments in 2005 to the Trade Union and Labour Relations (Consolidation) Act 1992, and the Employment Relations Act 2004. It also covers all recent case law including the decision in BA, Gate Gourmet Metrobus, cases from the European Court of Human Rights, and decisions from the Central Arbitration Committee. Written by a team of expert barristers, it provides an essential source of reference to all involved in this area.

Contents

1: Introduction
The Last Thirty Years
The Change in Temperature
Complexity
What the Parties Want From the Law
Recognition
2: Industrial Action and the Individual Contract of Employment
The Basic Principles
The Strike as a Fundamental Breach of Contract
Alternative Legal Analyses
Strike-free Agreements
3: Liability for Strikes: The Economic Torts
Introduction
The Classic Fact Situations
The Two Torts
Inducement of Breach of Contract: Lumley v Gye
Causing Loss by Unlawful Means
Intimidation
Duress
Conspiracy
Suing a Trade Union
Intra-union Actions
Consumer Actions
4: The Trade Dispute Immunity
History
Meaning of Dispute
Contemplation or Furtherance of a Dispute
Parties to the Dispute
Trade Dispute
Legitimate Trade Disputes
Unprotected Disputes
The Scope of the Immunity
Secondary Action
5: Ballots
Background
Scope of the Ballot Provisions
When is a Ballot Needed?
Duration of the Ballot
Retrospective Ballots
The Right to Vote
Conduct of the Ballot
Protection of the Voter
Counting the Votes
Ballots and Injunctions
6: Industrial Action Less than a Strike
Background
The Work-to-Rule and Go-Slow
Overtime Ban
Ban on Particular Duties
Disruptive Meetings
Sit-in
Lock-out
7: Picketing, Criminal Offences, and Statutory Restrictions
Introduction
Civil Liability
The Right to Picket and the Statutory Immunity
The Code of Practice on Picketing
Criminal Law
Statutory Restrictions on Specific Industrial Action
8: Industrial Action and Unfair Dismissal
The General Nature of TULR(C)A 1992, s 238
Strike, Lock-out or other Industrial Action
Is the Employee a 'Relevant Employee'?
The Importance of Date of Dismissal
Re-engagement
Discriminatory Selection
Participation in Industrial Action and Contributory Fault
Applications to the Employment Tribunal
9: Employment Protection Rights
Continuity of Employment
Guarantee Pay
Redundancy
Employment Agencies
10: Injunctions
Introduction
Granting Interim Injunctions: General Principles
Section 221 of TULR(C)A 1992
Factors in the Discretion
Undertaking in Lieu of Injunction
Quia Timet Injunctions
Mandatory Injunctions
Application for an Interim Injunction
Injunctions Against Persons Unknown and Groups
The Role of the Court of Appeal in Injunction Cases
Form of Injunction
Declarations
11: Restraining Sit-ins
12: Committal for Contempt
Introduction
Procedure: General Matters
Procedure: Personal Service
The Application for Committal
Service of Application to Commit
Can the Court Commit for Contempt of its Own Accord?
Hearing Date
Standard of Proof
Evidence
Manner of Committing Contempt
Responsibility of Union for Members and Officials
Punishment
Receiver
Sequestration
13: Damages for Industrial Action
The Measure of Damages in Contract
Property Immune from Enforcement
Practice in Damages Claims
14: Deduction of Pay for Industrial Action
Contractual Claims
Judicial Review
15: Sample Forms and Precedents
Endorsement for Claim Form to Restrain Strike Action by the Claimant's Own Employees
Claim to Restrain Occupation by Employees
Claim for Possession Against Unlawful Trespassers
Particulars of Claim: Secondary Action
Particulars of Claim: To Restrain Meeting in Working Time
Order Restraining Unlawful Picketing
Order Restraining Trespass on the Employer's Premises
Order for Substituted Service of Injunction on Trade Union
Penal Notice to be Inserted on Injunction Order
Application to Commit for Contempt and Sequestration in Respect of Breach of Order Made in Form D
Letter to Persons Occupying Employer's Premises
Draft Dismissal Letter
16: Trade Union Recognition: Introduction
Recognition
Voluntary Recognition
Statutory Recognition
17: Trade Union Recognition: The Application
Initiation of the Statutory Scheme
The Employer
The Union
The Small Employer Exemption
The Meaning of 'Worker'
When the Condition must be Fulfilled
Union or Unions
18: Trade Union Recognition: The Bargaining Unit
The Bargaining Unit
The Employer's Response to the Request for Recognition
The Union's Application to the CAC
The CAC Procedural Response to an Application
An Admissible Application
The Decision on Admissibility
The Effect of Acceptance
The Appropriate Bargaining Unit
Does the Application Remain Valid?
The Problem of Different Union Applications
19: Balloting
Should a Ballot be Held?
The Form of the Ballot
The Conduct of the Ballot
Ballot Duties on the Parties
Supervisory Power
20: Changes Affecting the Bargaining Unit
Introduction
The Scope of Part III
The Union's Application
The Consequence of the CAC's Deciding upon a New Bargaining Unit
Residual Workers
21: De-Recognition
Introduction
Small Employer Exemption
Employer's Request to End Arrangements
The Workers' Application to End the Arrangement
The De-recognition Ballot
De-recognition where the Original Recognition was Automatic
De-recognition of the Non-Independent Union
Loss of Independence
Appeal
22: Victimization
23: Human Rights, Industrial Action, and Trade Union Recognition
Article 11
Human Rights in the Trade Union Context
24: EU Law
Application of EU Law to Trade Unions: Free Movement
Damages Claim
25: International Labour Law Standards
International Legal Standards in English Law
Specific International Materials

The Author

John Bowers QC, Barrister, Littleton Chambers, Michael Duggan, Barrister, Littleton Chambers, and David Reade QC, Barrister, Littleton Chambers

Contributors:

Katherine Apps, Barrister, Littleton Chambers
James Wynne, Barrister, Littleton Chambers

FOREWORD

What was in 1987 the very first, book on the The Modern Law of Strikes has now evolved into The Law of Industrial Action and Trade Union Recognition and has become a staple requirement for all those in the employment field. As we all aim to improve and enhance industrial relations, and ever more mechanisms are created to achieve conciliation and partnership between the two sides of industry, it is still essential to understand, evaluate, and provide for the alternative: while as for trade union recognition, this has once again taken central stage, and this book contains so far as I know the first detailed consideration of the actual operation of the new statutory scheme by reference to the cases reported on the CAC's website. It is a masterly analysis. The extraordinary industry of John Bowers QC, Michael Duggan, and David Reade QC, and their extensive knowledge of the subject combine to ensure that this book is not only immensely readable but a vital tool for unions and employers, arbitrators and conciliators, lawyers and judges alike.

Mr Justice Burton
President of the Employment Appeal
Tribunal (2002-2005)
Chairman of the Central Arbitration Committee

PREFACE

We have all enjoyed writing this book. Two of us worked on the original work, The Modern Law of Strikes in 1987, since when much has changed. We have been joined by David Reade QC, and Katherine Apps and James Wynne have contributed chapters 21-23. We thank Sir Michael Burton for his gracious Foreword to this book.

Labour law is very dynamic. The balance which the law endeavours to achieve between the rights of collectively organized labour and the employer has been the subject of criticism from both sides of the political spectrum. The present Coalition Government has hinted at changes to the law, although at present it has not signified what they may be. There is likely to be much industrial strife in the near future and the courts will be one of the battlegrounds in which such conflicts will waged.

We are grateful to our publishers, Oxford University Press. We also thank all of our colleagues at Littleton Chambers. The book is up to date as of February 2011.

The book is dedicated to the memory of Lord Gladwin of Clee, who started his career as a union representative on Grimsby Docks and became a distinguished leader of the GMB, and a member both of the House of Lords and the Employment Appeal Tribunal.
John Bowers, Michael Duggan & David Reade
Littleton Chambers
3 Kings Bench Walk, Temple
London EC4

Review

In their Introduction the Authors aver to the fact that the Last 30 Years has seen a rise in litigation surrounding strikes and other industrial action and in the last 20 years it is not difficult to trace the reasons for this. The new Statutes, eg, reforms made by the Employment Act 1982 and the Trade Union Act 1984, two of the five major statutes passed by the Conservative Government under the leadership of Margaret Thatcher. Trade Unions became liable in tort, thus providing the employer with a claim-worthy defendant, and making the claiming of damages a real possibility. The Trade Union Act 1984 required the unions for the first time (save for the short-lived Industrial Relations Act 1971) to hold ballots before strikes took place. Moreover, the ballot must be carried out under certain narrowly worded criteria. Taking the 1984 Act and the accompanying Code of Practice together there are restrictions and requirements in respect of strike ballots.

Trade Unions considered this a major anti-union drive by the Thatcher Government to reduce their powers and influence,and also to destroy their bank balances.

The criminal law also played a central role in those major disputes. The figures given by the authors show to what extent this happened - 'No less than 10,372 criminal charges were brought during the miners' strike (The Times, 20 March 1985', although many people charged were subsequently acquitted in the courts. Week after week pickets were also arrested on the Wapping picket line. Since then, however, strikes have rarely been accompanied by violence. As a serving London police officer during these years I was present during many of the events of these years, viz The Miners' Strike and Wapping where so many unpleasent encounters took place. The Authors cover all aspects of Industrial Action and Trade Union law in this excellent book which started life in 1987 and as they say... 'the modem judge is, however, much more circumspect and does not find the notion of collective action an anathema. It is difficult to imagine judges today searching through the interstices of eighteenth-century law reports to detect a new tort of intimidation to outflank the trade dispute immunity defined by Parliament as occurred in Rookes v Barnard [1964] AC 1129. This tort had been described in the Court of Appeal itself in the same case as `obscure unfamiliar and peculiar'. Two recent industrial dispute cases (both of which are discussed in detail later) may, in our view, have been decided differently by an older generation of judges. These cases are P v NAS/UWT [2003] IRLR 309, where a very liberal approach was taken to the meaning of terms and conditions in the trade dispute formula, and Burgess v Stevedoring Services Ltd [2003] IRLR 810, which diverges from the approach taken by Lord Denning in Secretary of Statefor Employment v ASLEF (No 2) [1972] 2 QB 455 in relation to action lawful in itself which may be taken wilfully to disrupt the undertaking that the same is in breach of contract.

Rob Jerrard

More Information can be found at the Oxford University Website at:-

For More Information on The Law of Industrial Action and Trade Union recognition go to the Oxford University Website at:


Drug Nation: Patterns, Problems, Panics, and Policies
Edition: 1st
Format: Paperback
Pages: 240
Authors Martin Plant, Roy Robertson, Moira Plant, Patrick Miller
ISBN: 978-0-19-954479-0
Publishers: Oxford University Press
Price: £24.95
Publication date: 2011
 

Publisher's Title Information
 
Offers a balanced, lucid, and authoritative account of drugs and drug taking
Dispels some of the many myths about drugs, especially those so frequently peddled by the popular press
Written by experts with years of experience dealing with the realities of drug taking, resulting in a book based on fact
Humans have been using psychoactive (mind-altering) drugs since ancient times. Barely a day goes by without a drug related issue reaching the headlines, and drugs, in some way or other, affect all of our lives, whether by our own use, the use of those we know, or even from just being a victim of drug related crime.
 
This book provides an accessible and lucid introduction to some of the main health and social issues related to illicit drugs and their use. It reviews a range of popular drugs - including amphetamines, cannabis, cocaine, Ecstasy (MDMA), heroin and LSD whilst considering the law related to such substances. Written in an accessible and approachable style, the book dispels some of the many myths about drug use that exist, offering an authoritative and balanced perspective on issues of personal, local, national and international importance.
 
Drug Nation will be essential reading for anyone who wants to be informed about the drug situation, offering a sensible and non-sensational account of drugs and drug taking.

Contents

1: Drugs in Britain: The History
2: Drugs in Perspective
3: Drugs: Patterns of Use
4: The Consequences of Drug Use: the good, the bad and the ugly
5: Drug Control Policies: A Question of Balance
6: The Law and the Criminal Justice System
7: Is Drug Education Any Use?
8: Drug Classification and Drug Policy: Can these ever be Evidence-Based?
9: Therapeutic Options
10: Future Directions?

The Author

Martin Plant, Professor of Addiction Studies in the Alcohol & Health Research Unit in the University of the West of England, Bristol, UK, Roy Robertson, Honorary Clinical Reader in the Division of Community Health Sciences in the University of Edinburgh, UK, Moira Plant, Alcohol and Health Reseach, University of the West of England, UK, and Patrick Miller, Visiting Senior Research Fellow in the Alcohol & Health Research Unit in the University of the West of England, Bristol, UK

Review

As the writer of a number of books on the subject of illegal drugs myself, I was interested to see how the authors of this book tackled the subject. Knowing the reputation of the authors I was expecting good things and I was not disappointed. The untimely death of its chief author, Martin Plant, shortly after completion of the manuscript is both a personal tragedy and one for all those who value the exposure of a topic such as illegal drugs to his keen academic mind.

The authors have the stated intention of covering the subject of illegal drugs in a non-technical way and in my view have largely succeeded. The book is intended for a general readership and, whilst scholarly in its approach, is written in language that does not exclude anyone who wishes to learn more about this topic.

The book consists of 10 chapters and an Introduction. It is not possible in a short review such as this to cover each chapter in detail, so I will try and give you a flavour of a selected number of chapters.

Chapters One and Two describe the basic facts regarding the drugs that are the focus of the book. Chapter One describes the history of man's involvement with mind-altering substances. Whilst spreading its focus across the world it also concentrates on the use of such substances in the UK. Chapter Two provides the reader with a review of the various drugs of abuse together with accessible descriptions of topics such as dependence and tolerance. Understanding the nature of the various drugs, together with their psychoactive effects, is an essential to coming to any sort of understanding of the topic as a whole and the authors have provided the reader with a sound basis for such understanding.

Chapter Three is the longest chapter in the book and sets out to discuss in depth the patterns of drug use that prevail in the UK. The chapter is replete with pages and pages of statistics drawn from a wide range of authoritative studies. These statistics are invaluable to those using the book as a scholarly resource but are perhaps of less value to the general reader. However, it is possible to derive a great deal of understanding of the UK drug scene whilst skipping over many of the tables of statistics.

Chapter Five tackles the subject of drug policy within the UK. It lays out what it calls 'the main options', that is prohibition, harm minimisation, and legalisation, and subjects each one of them to a thorough analysis. I found this chapter to be most interesting. Its position seems to be that the status quo is not working in the UK and that we need a far-reaching debate on the best way forward.

Chapter Seven is a short chapter that even so provides a good examination of the subject of drugs education. It discusses the wide variety of programmes that go on within our schools in the UK. The authors take a rather pessimistic view of the sorts of drug education on offer but agree that there is a role to play for education in this topic. I have long held the view that there exists no single 'magic bullet' type of drugs education, but perhaps by using a wide range of approaches is the most profitable way forward. It seems to me that it is all about striking a chord here with one approach and another chord with a different approach. Maybe by striking as many chords in as many heads as possible do we achieve something worthwhile as a whole.

The final chapter discusses what the authors see as the way forward for the UK. In my view the most important theme in this chapter is a plea for those in charge of drug policy within the UK to understand the importance of making their decisions based upon sound evidence. This may not always be politically attractive for politicians but in the end is the only way we are likely to make sound headway.

The authors of this book have set out to provide the reader with a thorough discussion of drugs and the drug scene within the UK. They have avoided the use of too much technical or overly academic language and, whilst setting out their view that the UK's current approach to the topic has many problems associated with it, have provided a balanced view of what is a most complex topic. I recommend this book to all those wishing to further their understanding of drugs and their misuse in the UK today.
David Emmettt

More Information can be found at the Oxford University Website at:-

Drug Nation: Patterns, Problems, Panics, and Policies 2011


Evidence Core Text
Core Texts Series
Edition: 6th
Format: Hardback
Author: Roderick Munday
ISBN: 978-0-19-960050-2
Publishers: Oxford University Press
Price: £28.99
Publication Date: 14th April 2011
 

Publisher's Title Information
 
A succinct and easily digestible introduction, this is the ideal text for students who find evidence a challenging subject.
Though concise, this book offers probing discussion of topical or complex areas, ensuring that it remains a stimulating companion to a student's course of study.
The author's engaging writing style sustains the interest of the reader at all times.
Each chapter begins with a useful summary of its contents, enabling easy navigation of the text, and ends with self-test questions to check understanding and stimulate analysis.
New to this edition
All material of the previous edition has been fully updated to reflect changes in the field.
Significant new coverage of hearsay evidence, including R v. Horncastle and Al-Khawaja v. UK.
A fresh look at 'Low Template' DNA evidence, with consideration of R v. Reed.
New commentary on expert witnesses' immunity from suit and coverage of the replacement of Criminal Evidence (Witness Anonymity) Act 2008 by Coroners and Justice Act.
The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law.
 
Munday's Evidence provides students with a succinct yet thought-provoking, introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, this book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that this text contains a thorough exploration of the 'core' of the subject.

Contents

1: Relevance and admissibility of evidence
2: Presumptions and the burden of proof
3: Witnesses: competence, compellability and various privileges
4: The course of the trial
5: Witnesses' previous consistent statements and the remnants of the rule against narrative
6: Character and credibility
7: Evidence of the defendant's bad character
8: The opinion rule and the presentation of expert evidence
9: The rule against hearsay
10: Confessions
11: Drawing adverse inferences from a defendant's omissions, lies or false alibis
12: Identification evidence
13: Documents

The Author

Roderick Munday, Reader in Law, University of Cambridge
Dr Roderick Munday is currently a Reader in Law at the University of Cambridge and a Visiting Professor at the Université Panthéon-Assa, Paris II. He is also Fellow and Director of Studies in Law at Peterhouse, Cambridge and is Editor-in-Chief of the Justice of the Peace Reports. He has written and lectured extensively on the law of evidence.

Preface

This new edition of Evidence incorporates many developments that have occurred over the past two years. In the realm of statute, notably the provisions of the Coroners and Justice Act 2009 have replaced and expanded the Criminal Evidence (Witness Anonymity) Act 2008, as well reducing restrictions on the admission of complaints by victims of crime. In the realm of case law, hardly any area of the Law of Evidence has remained immune from noteworthy decisions. The Court of Appeal has handed down significant guidance on the competence of child witnesses and on facial mapping evidence; it has reviewed the conditions of admissibility of 'low template' DNA evidence and re-drawn the boundaries of the exception to the rule against narrative dealing with charges of concoction. The courts have continued to churn out cases on hearsay evidence and on defendants' bad character, as well as delivering a pair of important decisions elucidating the principles underlying the admission of non-defendants' bad character under s 100 of the Criminal Justice Act 2003. Additionally, the book notes rulings the courts have delivered on such matters as privilege, the rape shield provision set forth in s 41 of the Youth Justice and Criminal Evidence Act 1999, and confessions. Further reform may be just over the skyline: the Law Commission has published a consultation paper on the admissibility of expert evidence in criminal proceedings. New suggested readings have also been added to this volume.

At the time of going to press, there remains one conspicuous piece of unresolved business. The case of Horncastle v UK has invited the Grand Chamber of the European Court of Human Rights to reconsider the earlier decision in Al-Khawaja and Tabery v UK (2009) and to determine whether a trial will be held in breach of Article 6 of the European Convention if 'the sole or decisive prosecution evidence' is made up of hearsay. Following the lead of the Court of Appeal ([2009] 2 Cr App R 15), the Supreme Court ([2010] 2 VV1,1247) struckwhat the Grand Chamber may have interpreted as a combative posture. Lord Phillips of Worth Matravers, more emolliently, expressed the hope that the Supreme Court's judgments might initiate 'valuable dialogue between this court and the Strasbourg Court.' Not often is the right reason of Euro-judges challenged quite so directly. Those claiming to be in the know originally expressed confidence that the Strasbourg Court's decision would be handed down in the late autumn of 2010. This was not to be. The 2011 crop of spring crocuses, snowdrops and woodland aconites is already in full flower,

and the Grand Chamber's decision is still eagerly awaited. As and when that decision is delivered, an annotation will go up on the website that now accompanies this book. For the time being, as the cosmologist Carl Sagan observed, 'Somewhere, something incredible is waiting to be known.'
Peterhouse, Cambridge St Valentine's Day 2011

Review

It is vital to fully understand the laws of evidence if your chosen field is to be criminal law.

So much has changed over the last few decades, however a thorough understanding is required of much of the often mystifying aspects of evidence such as confessions and identification which bring the student face to face with what they will hear Lawyers refer to as PACE. The Police and Criminal Evidence Act 1984 struck at the heart of the way police officers dealt with suspects.
 
This book is up-to-date and covers all the key areas that the student will need beginning with those which a student must master, relevance and admissibility and the burden of proof. At the end of each chapter the student is given further reading and self-test questions. Also provided is an online Resource Centre at www.oxfordtextbooks.co.uk/orc/munday6e Regular updates are available.
 
Rob Jerrard


Philosophical Foundations of Criminal Law
Edition: 1st
Format: Hardback
560 pages | 246x171mm
Edited by R.A. Duff and Stuart Green
ISBN: 978-0-19-955915-2
Publishers: Oxford University Press
Price: £75
Publication Date: 10th March 2011

Publisher's Title Information

Identifies the key issues, problems, topics and questions underlying the philosophy of criminal law, outlying current work in the subject for those new to the field
Features 22 specially-commissioned essays from some of the leading figures in criminal law theory, setting an agenda for future research in the field
Includes contributions from moral and political philosophers working on problems in criminal law theory, placing the subject in a broader philosophical context
25 leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy.
 
The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized.
 
Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world.
 
Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

Contents

1: R. A. Duff and Stuart P. Green: Introduction: Searching for Foundations
2: Malcolm Thorburn: Criminal Law as Public Law
3: Richard Dagger: Republicanism and the Foundations of Criminal Law
4: Matt Matravers: Political Theory and the Criminal Law
5: Markus D. Dubber: Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law
6: Alice Ristroph: Responsibility for the Criminal Law
7: R. A. Duff: Responsibility, Citizenship and Criminal Law
8: Nicola Lacey: The Resurgence of Character: Responsibility in the Context of Criminalization
9: Michael S. Moore: Intention as a Marker of Moral Culpability and Legal Punishability
10: Victor Tadros: Wrongdoing and Motivation
11: Kenneth W. Simons: Understanding the Topography of Moral and Criminal Law Norms
12: Larry Alexander and Kimberly Kessler Ferzan: Beyond the Special Part
13: Andrew Ashworth and Lucia Zedner: Just Prevention: Preventive Rationales and the Limits of the Criminal Law
14: Peter Westen: The Ontological Problem of 'Risk' and 'Endangerment' in Criminal Law
15: Douglas Husak: The De Minimis 'Defence' to Criminal Liability
16: Stuart P. Green: Just Deserts in Unjust Societies: A Case-specific Approach
17: Paul Roberts: Groundwork for a Jurisprudence of Criminal Procedure
18: Donald Dripps: The Substance-Procedure Relationship in Criminal Law
19: Mitchell N. Berman: Two Kinds of Retributivism
20: Christopher Wellman: Piercing Sovereignty: A Rationale for International Jurisdiction Over Crimes that Do Not Cross International Borders
21: Adil Ahmad Haque: Criminal Law and Morality at War
22: Mireille Hildebrandt: Criminal Liability and 'Smart' Environments

R.A. Duff, Department of Philosophy, University of Stirling, and the University of Minnesota Law School, and Stuart Green, Professor of Law at Rutgers Law School-Newark
R A Duff was educated at Oxford, and taught for forty years in the Philosophy Department at the University of Stirling. He now also holds a half-time position at the University of Minnesota Law School.
Stuart P Green was educated at Yale Law School and serves as a Professor of Law at Rutgers Law School-Newark.


Contributors:
 
Larry Alexander, University of San Diego
Andrew Ashworth, University of Oxford
Mitchell Berman, University of Texas at Austin
Richard Dagger, Arizona State University
Donald Dripps, University of San Diego
Markus Dubber, SUNY Buffalo Law School
R.A. Duff, University of Stirling and University of Minnesota
Kim Ferzan, Rutgers University
John Gardner, University of Oxford
Stuart Green, Rutgers University
Adil Haque, Rutgers University
Mireille Hildebrandt, Vrije Universiteit Brussel and the University of Rotterdam
Douglas Husak, Rutgers University
Nicola Lacey, University of Oxford
Matt Matravers, University of York
Michael Moore, University of Illinois
Alice Ristroph, University of Utah
Paul Roberts, Nottingham University
Ken Simons, Boston University
Victor Tadros, University of Warwick
Francois Tanguay-Renaud, Osgoode Hall Law School, York University
Malcolm Thorburn, Queen's University, Kingston
Christopher Wellman, Washington University in St Louis
Peter Westen, University of Michigan
Lucia Zedner, University of Oxford

More Information can be found at the Oxford University Website at:-

Philosophical Foundations of Criminal Law 2011


Money Laundering Law and Regulation - A Practical Guide
Edition: 1st
Format: Paperback
Authors: Robin Booth, Simon Farrell QC, Guy Bastable, and Nicholas Yeo
ISBN: 978-0-19-954303-8
Publishers: Oxford University Press
Price: £65
Publication Date: 3rd March 2011
 

Publisher's Title Information
 
Expert authors provide comprehensive and practical guidance to this significant area of law
Clearly places the current anti-money laundering regime in the context of international and European obligations
Offers a lucid explanation of key concepts and how they are applied in practice
Includes practical advice and assistance on preparing Suspicious Activity Reports, and on the vexed issue of tipping off
Money Laundering Law and Regulation offers a practical and comprehensive guide to domestic anti-money laundering law and regulation, increasingly seen as key weapons in the fight against serious and organized crime.
 
This new book explains the genesis of the current regime, placing it in its international, European, and domestic context. It sets out fully the current law on money laundering and terrorist financing with an explanation of the key concepts of money laundering law introduced by the Proceeds of Crime Act 2002. The book contains a detailed analysis of the suspicious activity reporting regime, both in relation to money laundering and to terrorist property and financing.
 
The customer due diligence and other requirements placed on those in the regulated sector by the Money Laundering Regulations 2007 are given detailed coverage, as are the provisions for registration, supervision, and enforcement contained in the Regulations. The law relating to cash seizure, detention, and forfeiture is set out and explained in a chapter that also covers the requirements for cash declaration. The final chapter provides specific guidance to practitioners through a detailed scenario involving parallel civil and criminal proceedings and commentary on how the relevant law is put into practice.
Readership:
Criminal lawyers; money laundering reporting officers (MLROs); Serious Organised Crime Agency and police investigation and enforcement officers; banking, transactional, and litigation lawyers.

Contents

1: The Background to Anti-money Laundering Law and Regulation
Introduction
Money laundering defined
The process of money laundering
The rise of global anti-money laundering measures
The role of the Financial Action Task Force
The origins of the money laundering offences in international law
Terrorist financing
Anti-money laundering law and regulation in the UK
Offences of money laundering: the mental element
Implementation of the new money laundering law and regulation
Conclusion
2: The Key Concepts in Money Laundering Law
Introduction
Criminal Property
Criminal Conduct
The Mental Element: Knowledge, Belief and Suspicion
3: The Money Laundering Offences under the Proceeds of Crime Act 2002
Introduction
Overview of Offences
The Concealing etc. Offence (section 327)
The Arrangements Offence (section 328)
Acquisition, Use and Possession Offence (section 329)
Conspiracy to Money Launder
Sentencing
4: The Money Laundering Offences under the Terrorism Act 2000
Introduction
International Legal Provisions
UK Terrorist Money Laundering Provisions under Part III of the Terrorism Act 2000
Key concepts under the Terrorism Act 2000
Definition of "Terrorist Financing " in Regulation 2 Money laundering Regulations 2007
Section 15 Raising funds for the purposes of terrorism
Section 16 Use and possession of money or other property for the purposes of terrorism
Section 17 Funding arrangements for the purposes of terrorism (s 17)
Section 18 Money Laundering by Concealing, removing from a jurisdiction, or transferring terrorist property (s 18)
Section 23 Forfeiture
Section 62 Counter-Terrorism Act 2008
The Al Qaida and Taliban (United Nations Measures) Order 2006/2952
The Terrorism (United Nations Measures) Order 2009/1747
The Terrorism (United Nations Measures) Order 2006/2657
Section 22 Penalties
5: Disclosure and the SARs Regime
Introduction
Disclosures and 'SARs'
The two different disclosure regimes under POCA: Required and Authorised disclosures
The SARs regime: structure and purpose
The SARs regime in practice
The consent regime
The role of the nominated officer
Conclusion
6: Disclosure and the Disclosure Offences under the Proceeds of Crime Act 2002
Introduction
Disclosure and offences of failure to disclose
Authorised disclosures and appropriate consent
Ancillary provisions
7: Disclosure and the Disclosure Offences under the Terrorism Act 2000
Introduction
The disclosure provisions: overview
Required disclosures: business outside the regulated sector
Required disclosures: the regulated sector
Other required disclosures
Disclosure by constables
Disclosure and/or consent as a defence
Protected disclosures
8: Unlawful Disclosure and Tipping Off
Introduction
Background
Unlawful disclosures under the Proceeds of Crime Act 2002
Unlawful disclosures under the Terrorism Act 2000
Conclusion
9: Regulation: The Regulated Sector and its Obligations
Introduction
The regulated sector - "relevant persons"
Customer due diligence: the main provisions
Customer due diligence: simplified due diligence, enhanced due diligence and ongoing monitoring
Customer due diligence: ancillary provisions
The requirements under Part 3 of the Regulations
10: Regulation: Supervision, Registration and Enforcement
Introduction
Supervision
Registration
Enforcement: introduction
Enforcement: investigative powers
Enforcement: civil penalties
Enforcement: criminal penalties
11: Cash Declaration, Seizure, and Forfeiture
Cash Declarations
Recovery of Cash in Summary Proceedings
Forfeiture of terrorist cash
12: The Law in Practice

The Author

Robin Booth, Partner, BCL Burton Copeland, Simon Farrell QC, Barrister, 3 Raymond Buildings, Guy Bastable, Partner, BCL Burton Copeland, and Nicholas Yeo, Barrister, 3 Raymond Buildings

Reviews to date

"Until you get to chapter 12 this is a good book. Chapter 12 however makes it a fantastic book; the title of which is, "The Law in Practice", this gives the busy practitioner clear answers and ideas to work with." - CrimeLine
"a comprehensive and logically laid out work of reference written by experts" - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

More Information can be found at the Oxford University Website at:-



Blackstone's Employment Law Practice 2011
Edition: 2011
Format: Paperback
Author: Edited by Gavin Mansfield, John Bowers QC, Damian Brown, Simon Forshaw, Anthony Korn, and Julia Palca
ISBN: 978-0-19-958921-0
Publishers: Oxford University Press
Price: £75
Publication Date: 24th March 2011

Publisher's Title Information

Combines practical commentary with all key legislation in one portable volume - covers everything you need when preparing for and during a case in tribunal, Employment Appeal Tribunal, and Central Arbitration Committee, as well as employment issues in the High Court and Court of Appeal
Eminent author team bring together consummate experience of every aspect of employment law and practice, ensuring unrivalled quality and clear, practical insight
Includes specialist coverage of issues that frequently arise at tribunal, such as calculation of costs, taxation, application of TUPE, and guidance on drafting of compromise agreements
Clear page design and wide range of flow charts and procedural checklists enable quick access to essential information

New to this edition

New chapters on equal pay and discrimination
Fully updated to reflect changes brought about by the Equality Act 2010
Improved system of thumbtabs aids navigability
Appendices reordered to aid navigability
The essential work for employment practice is back with a brand new edition.
 
Blackstone's Employment Law Practice 2011 is the indispensable resource for employment practitioners, providing all you need to advise clients confidently and to appear in tribunal. It draws together key legislation, procedural rules, Codes of Practice, and Practice Directions, as well as in-depth analysis of law and procedure in one convenient portable volume.
 
Providing comprehensive coverage of practice and procedure in the employment tribunal, Employment Appeal Tribunal and Central Arbitration Committee, Blackstone's Employment Law Practice 2011 includes specialist coverage of issues that frequently arise at tribunal, such as calculation of costs, application of TUPE, and guidance on drafting of compromise agreements.
 
Alongside the latest developments in law and procedure and guidance on the key areas of substantive law, the new edition also includes entirely rewritten chapters on equal pay and discrimination, including extensive coverage of the changes brought about by the Equality Act 2010. Other features include:
 
All the material you need when preparing for and during a case in tribunal or court in one convenient portable volume
Complete coverage of practice and procedure in the employment tribunal, Employment Appeal Tribunal, and Central Arbitration Committee, as well as in employment issues in the High Court and Court of Appeal
Eminent author team bring together consummate experience of every aspect of employment law and practice, ensuring unrivalled quality and clear, practical insight
Includes specialist coverage of issues that frequently arise at tribunal, such as calculation of costs, taxation, application of TUPE, and guidance on drafting of compromise agreements
Clear page design and wider range of flow charts and procedural checklists enable quick access to essential information
Updated annually, the 2010 edition has been extensively revised to contain full coverage of all recent developments
Wide range of flowcharts and procedural checklists provide immediate clarification of complex procedural issues
Quick reference guides to the book organized by procedure and by substantive law
Precedent agreements supporting cases from the tribunal to the civil courts
Information on practice and procedure in Scotland by Brian Napier QC
Appendices provide current and historical financial data
 

Contents

Part A: Tribunal Procedure
1: Jurisdiction and Constitution
2: Claim Form
3: Time Limits
4: The Response
5: Conciliation and Settlement
6: Case Management
7: Interim Applications: Pre-hearing Review and Other Preliminary Issues
8: Contractual Claims
9: The Hearing
10: Bias and Improper Conduct of Hearing
11: Judgments, Decisions, and Orders
12: Costs
13: Review
14: Enforcement of Tribunal Awards
15: Special Jurisdictions
16: Human Rights Claims
17: Group Litigation
18: Employment Appeal Tribunal
Part B: Procedure in Other Jurisdictions
19: Employment Litigation in the Civil Courts
20: Court of Appeal
21: European Union Law and References to the European Court of Justice
22: Collective Labour Law Institutions - The Central Arbitration Committee and Certification Officer
Part C: Remedies
23: Remedies for Unfair Dismissal
24: Reducing Unfair Dismissal Compensation
25: Remedies in Discrimination Cases
26: Recoupment of Benefits
27: Interest on Employment Tribunal Awards
28: Tax Treatment of Tribunal Awards and Compromises
Part D: The Substantive Law
29: Dismissal
30: Redundancy
31: Discrimination
32: Equal Pay: Law and Procedure
33: Unlawful Deductions from Wages
34: Transfer of Undertakings
Appendices
Appendix 1 - Selected Legislation: Statutes
Appendix 2 - Selected Legislation: Statutory Instruments
Appendix 3 - Selected Legislation: Rules
Appendix 4 - Selected Legislation: European Community Materials
Appendix 5 - Practice Directions
Appendix 6 - Codes of Practice
Appendix 7 - Financial Information
Appendix 8 - Forms and Precedents
Appendix 9 -Tables
Appendix 10 - Note on Tribunal Procedure and Appeals in Scotland
Appendix 11 - Dismissal and Redundancy Flowcharts
Edited by Gavin Mansfield, Barrister, Littleton Chambers, John Bowers QC, Barrister, Littleton Chambers; Recorder; Master of the Bench at Middle Temple, Damian Brown, Barrister, Littleton Chambers, Simon Forshaw, Barrister, 11 King's Bench Walk, Anthony Korn, Barrister, No.5 Chambers, and Julia Palca, Partner, Olswang
Contributors:
Principal Consultant Editor:
John Macmillan, Regional Chairman, Employment Tribunals
 
Contributors:
Jonathan Schwarz, Temple Tax Chambers
Brian Napier QC, Advocate, Scotland and Barrister, England and Wales, Cloisters

Review(s) from previous edition
 
"Blackstone's Employment Law Practice provides an excellent guide to the increasingly complex world of practice and procedure in employment law, both in tribunals and the civil courts. The appendices are particularly useful. No employment lawyer should be without it. - Barry J. Clarke, Partner, Russell Jones & Walker, Cardiff and national chairman of the Employment Lawyers' Association

"Containing statutes and key materials along with a concise commentary on procedure and substantive law, this invaluable book has everything you need to advise clients and appear before tribunals with confidence. Why use multiple books when this one is the only one you need? " - Jody Atkinson, Barrister, St Johns' Chambers

"Practitioners have been waiting for a one-volume compendium like this for years. It is often the only book you need to take to the tribunal...Every authoritative statement you need at your fingertips. " - Jeremy Nixon, Bird&Bird, the New Law Journal

"This is a new and innovative volume that deserves a place in the employment law library. " - Philip Wood, Dawsons, the ELA Briefing

"It is extremely valuable to have all the key areas of procedure and practice summarised into a single volume. I found the sections on tribunal practice to be the most valuable, set out in a clearly accessible manner with helpful explanations of difficult points. The legislation is well selected, and the summaries of the substantive law proved to be useful reminders of the key issues. And all this for a price far more reasonable than one might imagine for a work of this quality. " - Geoffrey Mead, Partner, Collyer Bristow

"This book is very useful for union lawyers, officers and representatives dealing with employment law casework, as it combines substantive law with clear explanations of procedural rules in one volume. " - Lucy Anderson, NUT
"The volume is a very useful, reliable and portable work of reference both for busy practitioners and those who may not appear in employment tribunals regularly. " - Janet Gaymer CBE QC, Commissioner for Public Appointments

More Information can be found at the Oxford University Website at:-



Employment Tribunal Remedies
Edition: 4th
Format: Paperback
Authors: Anthony Korn and Mohinderpal Sethi
ISBN: 978-0-19-958641-7
Publishers: Oxford University Press
Price: £59.95
Publication Date: 3rd March 2011
 

Publisher's Title Information

Comprehensive guide to the remedies, including financial awards, available for claims brought to the tribunal
Detailed guidance on award calculation, case preparation, and evidence
Practical features including worked examples and calculations enable practitioners to quickly identify points to prove
Clear and accessible layout enables easy navigation
Analyzes the underlying principles of employment tribunal awards
New to this edition
Increased coverage of discrimination and equal pay
Fully updated to take into account changes as a result of the Employment Equality (Age) Regulations 2006, the Equality Act 2010, the ACAS Code of Practice on Disciplinary and Grievance, the Transfer of Undertakings (Protection of Employment) Regulations 2006, and the Companies Act 2006
Coverage of all recent relevant case law
Increased use of practical features such as calculations and worked examples
Employment Tribunal Remedies is a new edition of the established work, which was previously published as Employment Tribunal Compensation. It provides a comprehensive, practical, and accessible guide to the remedies, including financial awards, available for every type of claim brought to the tribunal, including wrongful dismissal, unfair dismissal, redundancy, discrimination, equal pay, and claims for unpaid wages. It includes specific guidance on award calculation and key practical issues including case preparation and evidence, tribunal procedure, settlement, and tax liabilities. It also provides an examination of the principles underlying employment tribunal awards and their continuing development.
 
The new edition of this work has been substantially revised to include increased coverage of discrimination and equal pay, including changes as a result of the Employment Equality (Age) Regulations 2006 and the Equality Act 2010, and changes to compensatory awards as a result of the abolition of the statutory dispute resolution procedures and the new ACAS Code of Practice on Disciplinary and Grievance. It also takes into account the impact of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and the Companies Act 2006, as well as coverage of all recent relevant case law.
 
The new edition increases the use of practical features, including worked examples and calculations, to enable practitioners to quickly identify key issues and points to prove.

Contents

Part I: Compensation for Breach of Contract and Wrongful Dismissal
1: Compensation for wrongful dismissal as a remedy in Employment Tribunals
What Is Wrongful Dismissal?
Lawful Termination of Contract
Frustration
Assessing Compensation for Wrongful Dismissal
Calculating the Statutory Notice Entitlement
Pay in Lieu of Notice
Reduction of Damages
2: Tax and miscellaneous matters
Tax
Miscellaneous Matters
Employment Tribunal Jurisdiction
Calculating Damages for Wrongful Dismissal
Part II: Unfair Dismissal
3: Re-employment order and the additional award
Introduction
Orders for Re-Employment
Terms of Re-Employment
Enforcing a Re-Employment Order
Interim Re-Employment
4: Unfair Dismissal: The basic award
Introduction
Calculating the Basic Award
Minimum Basic Award
Reducing the Basic Award
Deductions from the Basic Award
5: A week's pay
Problems of Definition
Normal Working Hours
Remuneration
The Calculation Date
Methods of Calculating a Week's Pay
Statutory Maximum
6: The compensatory award: general principles
Introduction
Compensation, Not Punishment
Compensation for Economic Loss
Date of Dismissal
Remoteness
Heads of Compensation
Statutory Maximum
7: Calculating the compensatory award: Loss of earnings
Introduction
What Losses Count
Credits for Payments Received
Assessing Loss of Earnings
Loss of Future Earnings
8: Calculating the compensatory award: Fringe benefits and expenses
Introduction
General Principles
Multiplier
Valuing Fringe Benefits
Company Cars
Accommodation
Company Loans
Other Benefits
Expenses
9: Calculating the compensatory award: Pensions
Introduction and General Principles
Types of Pension
Types of Loss
Methods of Calculating Loss
Other Principles
Tribunal Guidelines
10: Calculating the compensatory award: Manner of dismissal
Introduction
No Compensation for Injured Feelings
Failure to Comply with the ACAS Code
11: Calculating the compensatory award: Loss of statutory rights
Introduction
Redundancy and Unfair Dismissal
Other Statutory Rights
No Award
Reduced Award
12: Reducing unfair dismissal compensation: Justice and equity
Introduction
Limiting the Compensatory Award
General Principles
Illustrations of the Principles
Other Reasons for Limiting Compensation
Power to Reduce the Compensatory Award
13: Mitigation of loss
Introduction
Defining the Duty to Mitigate in Unfair Dismissal Cases
Re-Employment Orders
Offers of Re-Employment
Duty to find Employment
Limits to the Duty to Mitigate
Onus of Proof
Assessing the Deduction
Mitigation in Fact
Practical Tips
14: Contributory fault
Introduction
General Principles
Amount of Reduction
Consistent Reductions of Awards
New Evidence after the Hearing
Key Points
15: Ex gratia payments and other deductions
Deducting Redundancy Payments from Unfair Dismissal Compensation
Ex Gratia Payments
Ex Gratia Payment as a Defence
Accelerated Payment
16: Recoupment regulations, tax and miscellaneous matters
Recoupment of Benefits from Tribunal Awards
The Monetary Award
Recoupment Procedure
Effect of Regulations
Tax
Interest
Part III: Redundancy
17: Calculating redundancy payments
Introduction
Calculation of a Redundancy Payment
Reducing Redundancy Payments
Tax Liability
Claiming a Redundancy Payment
Part IV: Compensation in discrimination cases
18: Compensation in discrimination cases: General principles
Introduction
General Principles
Compensation for Indirect Discrimination
Recommendation
19: Compensation in discrimination cases: Loss and interest
Non-Financial Loss
Financial Loss
Mitigation
Compliance with Statutory Codes
Interest
20: Compensation in discrimination cases: Other equality claims
Compensation for Unequal Contract Terms (Including Pay)
Compensation for Part-Time Workers and Fixed-Term Employees
Occupational Pension Schemes
Part V: Compensation for other Employment Tribunal claims
21: Compensation for claims arising during employment
Introduction
Written Particulars
Payment of Wages
National Minimum Wage
Guarantee Payments
Statutory Rights to Time Off Work
Flexible Working
Action Short of Dismissal
Protection against Detriment
Working Time Regulations
The Right to be Accompanied
Right to Written Reasons for Dismissal
Other Statutory Rights
Compensation Claims against Trade Unions
Part VI: Tribunal Procedures in compensation claims
22: Tribunal Procedure
Introduction
General Principles
Schedule of Loss
Process for Obtaining Additional Information
Case Management
Tribunal Procedure in Equal Pay Claims
Reviewing Employment Tribunal Judgments
Costs in Employment Tribunals
Enforcement of Awards
Appealing Tribunal Awards
Part VII: Settlement
23: Settlement
Introduction
Settlement of Compensation Claims
Binding Settlement of Statutory Claims
Some Standard Clauses
Appendices
Appendix 1: Assessment of Compensation Table for Unfair Dismissal Cases: Tribunal Form
Appendix 2: Compensatory Limits

The Authors: Anthony Korn and Mohinderpal Sethi


More Information can be found at the Oxford University Website at:-



Employee Competition
Covenants, Confidentiality, and Garden Leave
Edition: 2nd
Format: Hardback
Author: Edited by Paul Goulding QC
ISBN: 978-0-19-958769-8
Publishers: Oxford University Press
Price: £125
Publication Date: 24th Feb 2011
 

Publisher's Title Information

Extensively revised new edition of a leading authority on employee competition, cited in judgments including Tullett Prebon v BGC (Court of Appeal), Crowson Fabrics Ltd v Rider & Ors, RDF Media v Clements, Combines comprehensive coverage of the substantive law with an extensive treatment of the relevant procedural issues
Offers thoughtful and in-depth analysis of the full range of issues encountered in contentious and non-contentious work concerning competition by employees, directors, partners, LLP members and others, including complex employment covenants
Written by a team of leading experts from Blackstone Chambers and Olswang, led by Paul Goulding QC
Focuses on the issues encountered in practice, and includes helpful checklists and sample clauses, as well as materials on drafting
Contains carefully selected and produced appendices, including a guide to relevant forensic investigations written by a team from Stroz Friedberg
Guides the reader through important procedural aspects, and the range of available remedies (including injunctions, damages, and accounts of profits)
New to this edition
Fully updated to take into account significant case law in the area, including Mainstream Properties v Young
Additional analysis of enforceability of restrictive covenants in deferred compensation and employee benefit schemes
Expanded coverage of team moves, including recent case law such as Tullett Prebon v BGC
Includes a new chapter on the international dimension, with discussion and analysis of Samengo-Turner v Marsh and Duarte v Black & Decker
Employee Competition: Covenants, Confidentiality, and Garden Leave is a comprehensive and practical text for solicitors, barristers and in-house lawyers practising in employment law, and human resource professionals. It provides detailed analysis of the full range of issues that are encountered in contentious and non-contentious work concerning all forms of competition by employees, directors, partners, LLP members, and others.
 
Written by a team of leading practitioners from Blackstone Chambers and Olswang, the book combines an authoritative account of the substantive law with an overview of the relevant procedural issues. Topics covered include good faith and related duties, fiduciary duties, confidential information, garden leave, and restrictive covenants. Comprehensive coverage of available remedies (including injunctions, damages, and account of profits) ensures that the book is of real, practical value to practitioners.
 
This new edition has been substantially revised to take into account a wealth of case-law that has emerged since the previous edition was published. A notable development is in the area of economic torts and the liabilities of third parties, in light of the House of Lords' decision in Mainstream Properties v Young. This involved a fundamental review of the nature of economic torts and the role of intention in relation to third party liability. The section on team moves has been substantially revised to take account of recent case law including Tullett Prebon v BGC.
 
There is also a new chapter on the international dimension, reflecting the increasing importance of this issue, which includes examination of common law jurisdictional rules, European measures (such as the Judgments Regulation and Rome I Regulation), and important recent cases such as Samengo-Turner v Marsh and Duarte v Black & Decker.
 
Containing checklists, material on drafting, and sample clauses at the end of chapters, as well as appendices identifying key decisions in the field, the work provides a practical and user-friendly guide to employment covenants.
 
Occasional papers from the authors updating the contents of the book , will appear on the Blackstone Chambers website at http://www.blackstonechambers.com/practice_areas/employment. html.
Readership: The primary readership will be barristers and solicitors specializing in employment law, commercial law and litigation. The secondary readership will be academics and students. It may be of interest to employment practitioners in foreign jurisdictions such as the United States Ireland, the European Union, the Commonwealth and common law jurisdictions, where similar employment covenants and legal principals apply.

Contents

1: Introduction
2: Duties
3: Confidential Information and the Database Right
4: Garden Leave
5: Restrictive Covenants
6: Vendor-Purchaser Agreements, and Other Commercial Agreements
7: The International Dimension
8: Competition, Sport, Human Rights, and Intellectual Property Law
9: Pre-Action Steps
10: Injunctions
11: Damages and Other Remedies
12: Practice and Procedure
Appendices
Appendix 1: Computer Forensic Investigations
Appendix 2: Sample Employee Duties Clauses
Appendix 3: Sample Confidential Information Clauses
Appendix 4: Sample Garden Leave Clauses
Appendix 5: Sample Particulars of Claim and Interim Injunction in Garden Leave Case
Appendix 6: Drafting Restrictive Covenants: A Note
Appendix 7: Sample Restrictive Covenants (Employment)
Appendix 8: Sample Restrictive Covenants (Share and Business Sale and Partnership)
Appendix 9: Sample Pre-Action Letters
Appendix 10: Sample Witness Statement in Support of Application for Interim Injunction to Restrain Breach of Restrictive Covenant
Appendix 11: Sample Prayer for Relief for Inclusion in Particulars of Claim
Appendix 12: Summaries of Cases on Restrictive Covenants

The Editors

Edited by Paul Goulding QC, Barrister, Blackstone Chambers
Contributors
Dan Aherne, Olswang LLP
Kieron Beal, Blackstone Chambers
Catherine Callaghan, Blackstone Chambers
Gerard Clarke, Blackstone Chambers
Tom Croxford, Blackstone Chambers
Nick de Marco, Blackstone Chambers
Ivan Hare, Blackstone Chambers
Robert Howe QC, Blackstone Chambers
Tristan Jones, Blackstone Chambers
Catriona Moffatt, Olswang LLP
Jane Mulcahy, Blackstone Chambers
Hanif Mussa, Blackstone Chambers
Stephen Nathan QC, Blackstone Chambers
Luke Pardey, Olswang LLP
Julian Parker, Stroz Friedberg
Simon Pritchard, Blackstone Chambers
James Segan, Blackstone Chambers
Diya Sen Gupta, Blackstone Chambers
Sarah Sharma, Olswang LLP
Catherine Taylor, former partner, Olswang LLP
Mark Vinall, Blackstone Chambers
Robert Weekes, Blackstone Chambers
Sarah Wilkinson, Blackstone Chambers

"Foreword to the first edition Readers of this book will find a clear and detailed exposition of the relevant principles, thoughtful analysis, and wise advice. I confidently expect that this book will very quickly become the indispensable text for lawyers operating in this area."" - Sir Patrick Elias, Lord Justice of Appeal

PREFACE

Since the first edition of this book appeared four years ago, there has been a substantial number of important cases which have brought about significant developments in die law of employee competition.
One notable feature has been die increasing importance of the international dimension to litigation to enforce restrictive covenants and protect trade secrets. The challenges of cross-border litigation in this field are vividly illustrated by the cases of Samengo-Turner v Marsh McLennan in the Court of Appeal and Duarte v Black Decker at first instance. The former case involved the interpretation of the Judgments Regulation on jurisdiction which gave rise to the grant of an anti-suit injunction to restrain New York proceedings on the ground that the employees had a right to be sued only in England as die place of their domicile, notwithstanding a New York exclusive jurisdiction clause. The latter case interpreted the Rome Convention on the law applicable to contractual obligations (since superseded by the Rome I Regulation) to the effect that English law of restraint of trade trumped Maryland law, despite this being the parties' chosen law, to determine dae enforceability of a restrictive covenant in proceedings brought in England. This important trend is reflected in the creation of a new Chapter 7 in this second edition dedicated solely to the international dimension where these developments are examined in detail.
Shortly after the first edition of this book was published, the House of Lords re-fashioned the law of economic torts in the combined appeals under the name of OBG v Allen, one of which was Mainsirean2 Properties v Young, an employee competition case. This decision brought about some much needed clarification of the law relating to inducement of breach of contract, an important element of claims against prospective employers who recruit employees from a competitor. This decision is explained at length in Chapter 2 on Duties.
Another area where employee duties have come under close scrutiny in recent years is in relation to team moves. Questions have arisen as to when employees are under a duty to disclose their knowledge of attempts to recruit them and their colleagues, whether springboard injunctions can be granted to deprive a competitor of an unfair headstart even when no misuse of confidential information is involved, and what disclosure orders can be obtained to discover the extent of a competitor's recruitment efforts (for example, UBS v Vestra Wealth, Tullet Prebon v BGC, Wstergaard v Bestnet, Aon OLD. One contributor, at least, did his best to re-shape the nature and content of the mutual duty of trust and confidence in RDF Media v Clements, although whether that attempt has survived subsequent cases is open to question. These developments are discussed extensively in Chapters 2 (Duties), 9 (Pre-action Steps), and 10 (Injunctions).
As well as covering the major developments in law and practice in this field up to 1 October 2010, we have sought to maintain some of the distinctive approaches adopted in the first edition, such as the uniquely valuable checklists at the end of most chapters, and added novel features, such as the flow charts at the end of the International Dimension chapter and a new glossary of computer terms as part of Appendix 1 on Computer Forensic Investigations.
Speaking of teams, this edition has again been a collaborative effort between members of Blackstone Chambers (several of whom have appeared in a number of the recent leading cases), Olswang solicitors (who, as well as contributing substantively to key chapters, have meticulously updated checklists and shared their valuable know-how in the form of detailed sample clauses reproduced in the appendices), and Strotz Friedberg (formerly DGI Forensics, who have provided an updated guide to computer forensic investigations). I would also like to express my gratitude to those who contributed to the first edition but who due to other demands on their time have been unable to continue their involvement this time round, namely Kate Gallafent, Brian Kennelly, Tom de la Mare, Melanie Adams, Julia Palca, Paul Stevens, and Ed Wilding.
It can be difficult to keep abreast of the many cases and developments in this area. To assist in that effort, occasional papers from contributors, updating the contents of this book, will appear on the Blackstone Chambers website at http://www.blackstonechambers.com/ practice areas/employment.html.
The professionalism, efficiency and ongoing support of OUP has ensured the appearance of this expanded, second edition on time, and for that my special thanks go to. Faye Judges, Briony Ryles, and also to Roxanne Selby whose idea this book was in the first place.
I am also very grateful to the Honourable Lord Justice Elias for writing a new Foreword to this second edition, who contributed so much to the law of employee competition when at the Bar, and who continues to do so, from the Bench.
Paul Goulding QC
Blackstone Chambers
October 2010


More Information can be found at the Oxford University Website at:-



Principles of Medical Law
Edition: 3rd 2010
Format: Hardback
Author: Edited by Andrew Grubb, Judith Laing, and Jean McHale
Professor Sir Ian Kennedy
ISBN: 978-0-19-954440-0
Publishers: Oxford University Press
Price: £225.00
Publication Date: 9th Dec 2010
 
Publisher's Title Information

The only text to provide a complete analysis of the wide ranging issues relating to medical law.
Authoritative account of common law and statutory provisions governing health care provision in England and Wales setting the law in context and critiquing its application
A classic text now edited by Andrew Grubb, Jean McHale and Judy Laing in consultation with Professor Sir Ian Kennedy
Written by a team of leading academics and practitioners providing a balanced and practical perspective
Fully updated to cover major statutory changes including the Human Tissue Act 2004, the Mental Capacity Act 2005, the NHS Act 2006, the Mental Health Act 2007 and developments in the case law
Clear layout, extensive cross-referencing and careful indexing make this an indispensible research tool for practitioners and academics alike

New to this edition
New chapters on the test for capacity, mental health law and the legal regulation of the use of human material
Incorporates a raft of significant statutory changes since the last edition, including the Human Tissue Act 2004, the Mental Capacity Act 2005, the NHS act 2006, the Mental Health Act 2007 and the Health and Social Care act 2008
Major cases discussed |I include Chester v Afshar HL |R (informed consent and causation), |I Gregg v Scott |R (causation), |I Evans v UK |R, |I Dickson v UK |R (reproductive rights).
New chapters on the Test for Capacity, Mental Health and Reproductive Genetics
Revised structure provides a more thematic grouping of chapters whilst each chapter stands alone as an invaluable, detailed reference source
Greater consideration of the related health care ethics and human rights issues across all chapters
Additional new authors include respected and experienced practitioners and academics
Principles of Medical Law is the leading practitioner text in medical law. Now in its third edition, it provides a comprehensive and scholarly account of the common law and statutory provisions governing care provision in England and Wales. The contributors include many of the leading academics and practitioners working in the area of medical law today. The book provides an authoritative and up-to-date account of medical law whilst also seeking to set the law in context and critique its application. This new edition will include greater consideration of related health care ethics and human rights issues where appropriate. The book includes major statutory and common law changes including the Human Tissue Act 2008.

Readership
Legal practitioners and academics working in medical law. The book will also be of interest to NHS organisations and Health Policy Makers

Contents

Part 1.The Health Care System
1: Christopher Newdick: The organisation of health care
2: Mary O'Rourke and Jonathan Holl-Allen: Regulating health care professions
Part 2. Clinical negligence
3: Rachel Mulheron: Duties in contract and tort
4: Philippa Whipple QC and Philip Havers QC: Breach of duty
5: Stephen Todd: Actions arising from birth
6: Richard Goldberg: Causation and defences
7: Keith Syrett: Institutional liability
Part 3. Patients' rights
8: David Lock: Consent to treatment: the competent patient
9: David Lock and Sir James Munby: The test for capacity
10: Mr Justice James Munby: Consent to treatment: patients lacking capacity and children
11: Judith Laing and Nicola Glover-Thomas: Mental health law
12: Shaun Pattinson and Deryck Beyleveld: Confidentiality and data protection
13: Jean McHale: Clinical research
Part 4. The law and reproduction
14: Michael Freeman: Medically assisted reproduction
15: Michael Freeman: Reproductive genetics
16: Emily Jackson: Abortion
Part 5. Medicinal products and devices
17: Christopher Hodges: The regulation of medicinal products and medical divices
18: Harvey Teff: Products liability
Part 6. Regulating human material
19: Jean McHale: The legal regulation of the use of human material
20: Graeme Laurie: Patenting and the human body
Part 7. The end of life
21: Jonathan Herring: Ending life
22: Kenyon Mason: Death

Review(s) from previous edition
 
"A comprehensive and authoritative guide to the present law ... any practising or academic lawyer would benefit from access to a copy." - Cambridge Law Journal
"An outstanding piece of scholarship ... high in quality throughout, well internally cross-referenced and very well written ... By some distance it is the best textbook in the area. " - Journal of Law and Medicine
"This latest text is useful to the Practitioner because it considers in depth difficult issues... the layout is clear with separate parts, chapters and paragraphs for ease of reference. There is a wealth of footnotes and a comprehensive table of cases and statutes with an excellent index. The test of any substantial law text such as this is whether it becomes a leading work in the subject. This seems assured for Principles of Medical Law. " - Jarlath Spellman, Barrister, The Bar Review
"It is a tribute to the merits of this book that one, while consulting it regularly, scarcely noticed that six years had lapsed since its first arrival...This book remains a monumental work, comprehensive in its coverage and apparently seamless in its presentation, thanks to skilful editing...For anyone wishing to gain a sound academic understanding of medical law, this remains the work to turn to. " - B Mahendra, New Law Journal.

Part of the PREFACE

In the six years since the second edition of this volume was published the evolution of the interface between law and health care has continued apace. There have been several major pieces of legislative reform. First, the Mental Capacity Act finally received Royal Assent in 2005. This piece of legislation represented the culmination of over a decade of reform proposals. The Law Commission began to explore this area in the early 1990s culminating with their Mental Incapacity Report published in 1995. This report, which was relatively uncontroversial, was the subject of Green and White Papers and a prolonged legislative process. The ultimate legislation was more aligned with the original Law Commission Report than the early consultation documents might have suggested. It both consolidates the approach which had developed in case law over that decade, whilst also introducing important new statutory provisions, such as the lasting Power of Attorney and the new Court of Protection jurisdiction. Allied to this has been the equally protracted reform of mental health legislation over the last decade. The Mental Health Act finally took its place on the statute books in July 2007. To some it has been heralded as a 'missed opportunity' as it does not promote patient rights and entitlements as strongly as the Richardson Committee report had recommended. Rather than a radical overhaul the Act has simply provided piecemeal amendments to the Mental Health Act 1983. The Act has also made amendments to the Mental Capacity Act 2005 for patients who lack capacity and are liable to be detained by introducing 'Bournewood' safeguards. For the first time, this edition includes a chapter on mental health law in recognition of the growing significance of this branch of health care law. Thirdly, the passing of the Human Tissue Act 2004. This was again the result of several years of consultation. The legislation followed the publication of the Alder Hey Inquiry report by Michael Redfern QC and the Bristol Interim Inquiry Report of Professor Sir Ian Kennedy. These reports examined the position following the unauthorized retention of human material in the Royal Liverpool Children's Hospital (Alder Hey) and at Bristol Royal Infirmary. These hospitals presented only some examples of the vast retention of human material at a range of hospitals around the UK, but it was these inquiry reports which provided the catalyst for the Government to initiate legislative reform. The Human Tissue Act 2004 now provides a wide-ranging statutory framework for the regulation of the use of human material from live and cadaver donors, including research and transplantation. Yet whilst the Mental Capacity, Mental Health, and Human Tissue Acts provide frameworks, one of the intriguing issues which is explored in this volume is the extent to which the statutes are limited in scope, giving rise to the prospect of alternative jurisdictional and jurisprudential avenues being used.

The impact of a fundamental rights-based approach in the courtroom is also something which is becoming increasingly apparent. So, for example, in relation to the provision of information to patients the House of Lords in Chester v Afshar have sent out an important message that this is something which is to be cast in terms of respect for fundamental rights and personal autonomy. Rights-based discourse in the context of the Human Rights Act 1998 has also been increasingly prominent in other areas from the jurisprudence on confidentiality and the protection of patient information, which is discussed in Chapter 12, to end-of-life decision making, notably in the recent Purdy decision of the House of Lords discussed in Chapter 21.

Chapter 1 sets out the organization of health care, including the structure of the NHS and NHS 'Governance'. There have been some major changes in this area since the last edition with the passing of the National Health Service Act 2006. Notably also we have recently witnessed the creation of the Care Quality Commission in 2009 to perform the functions previously carried out by the Healthcare Commission, the Commission for Social Care Inspection, and the Mental Health Act Commission, all of which have been abolished. Other important changes to health care regulation are charted in Chapter 2. There have been some revisions to the GMC disciplinary and fitness to practice procedures and Chapter 2 outlines in detail the amendments to the Medical Act 1983 which have taken place since the last edition. The chapter also considers the potential future reforms which are likely, in particular whether the Office of the Health Professions Adjudicator will take over the adjudicatory functions currently exercised by the GMC. Change in this area is proving constant. At the time ofwriting in summer 2010, the Department of Health had produced their document 'Liberating the NHS: Report of the Arms Length Bodies Review. This document aims to further rationalize and reduce the number of such bodies operating in the health sector. Amongst the radical proposals contained in the document include proposals to abolish the Human Fertilisation and Embryology Authority (the statutory regulator for reproductive technology and embryo research) and the Human Tissue Authority. The current declared intention is that some of the functions of these bodies will pass over to a new research regulatory body which is under consideration and others will be subsumed under the existing Care Quality Commission. It should be noted that in the mid-2000s plans were advanced for the abolition of both the Human Fertilisation and Embryology Authority and the Human Tissue Authority, but following heated opposition those proposals were dropped. It remains to be seen whether these proposals are enacted, particularly given the controversy which their proposed abolition, particularly that of the HFEA, has already engendered. Although given the current financial constraints within which the public sector is operating, it is perhaps more likely than not that this eventuality will result. Other bodies which may ultimately be abolished or removed as arms-length bodies as a consequence of this review include the Council for Healthcare Regulatory Excellence which the Government intend to make a self-funded body funded through a levy on regulators. It is also intended that the National Patient Safety Agency will be abolished with some of its safety functions transferred to the National Commissioning Board, whilst the research ethics functions are transferred to a research regulator. While change and review may prove important to ensure the effectiveness of organizations, some concerns remain as to whether such constant structural change within the regulatory framework may render such structures less effective in safeguarding patients' rights in the longer term.

More Information can be found at the Oxford University Website at:-



Health and Safety Enforcement Law and Practice
Edition: 3rd 2010
Format: Hardback
Authors: Richard Matthews QC and James Ageros
ISBN: 978-0-19-958661-5
Publishers: Oxford University Press
Price: £125
Publication Date: 21st Oct 2010
 

Publisher's Title Information
 
Provides a comprehensive and practical guide to health and safety enforcement
Fully revised and updated to include coverage of the Chargot judgment, the Health and Safety Offences Act 2008, the Coroners and Justice Act 2009, new Sentencing Guidelines, and changes to the constitution of the Health and Safety Executive and the Health and Safety Commission
Written by two leading specialist practitioners, guaranteeing unique practical insight into this complex and growing area
Includes meticulous analysis of recent case law, and the implications of decisions made
New to this edition
This new edition has been fully updated and contains coverage of the Chargot judgment, the Health and Safety Offences Act 2008, the Coroners and Justice Bill 2009, new Sentencing Guidelines, and changes to the constitution of the Health and Safety Executive and the Health and Safety Commission
Health and Safety Enforcement: Law and Practice has become the standard text for practitioners in this growing area of the law, providing an authoritative guide to the key issues in health and safety enforcement in a practical manner. This third edition provides comprehensive coverage of health and safety inspectors' enforcement powers; the service and appeal of improvement and prohibition notices; the law relating to health and safety offences; work-related death investigations; the Coroner's procedure; and criminal procedure and sentencing in respect of health and safety offences. It also includes relevant extracts from the key statutes, the Enforcement Policy Statement, and the most important Health and Safety Regulations.
 
Comprehensively and meticulously updated, this edition includes coverage of the Chargot judgment, the Health and Safety Offences Act 2008, the Coroners and Justice Act 2009, new Sentencing Guidelines, and changes to the constitution of the Health and Safety Executive and the Health and Safety Commission. It has also been scrupulously updated to include all recent case law, including consideration of the practical implications of decisions made.
 

Contents

1: The Enforcement Framework
2: The Reporting and Investigation of Health and Safety Incidents and Offences
3: Advising Clients: Interviews under Caution, Representation, and Privilege
4: Improvement and Prohibition Notices
5: Legal Personality and Secondary Liability
6: Health and Safety Offences I: Breach of the Employer's General Duties
7: Health and Safety Offences II: Breach of the General Duties under HSWA 1974 ss4, 6 and 7
8: Other Health and Safety Offences: HSWA 1974 s33(1)(b)-(o)
9: Criminal Procedure
10: Abuse of Process and Judicial Review
11: Sentencing
12: Work-Related Deaths
13: Commonly Enforced Regulations
Appendix A- Relevant extracts from the Health and Safety at Work etc. Act 1974
Appendix B- The Health and Safety (Enforcing Authority) Regulations 1998 (as amended)
Appendix C- Sentencing Guidelines Council: Corporate Manslaughter and Health and Safety Offences Causing Death: Definitive Guideline
Appendix D- The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
Appendix E- Health and Safety: The Management of Health and Safety at Work Regulations 1999 (as amended)
Appendix F- Health and Safety: The Workplace (Health, Safety and Welfare) Regulations 1992 (as amended)
Appendix G- Health and Safety: The Manual Handling Operations Regulations 1992 (as amended)
Appendix H- Health and Safety: The Provision and Use of Work Equipment Regulations 1998 (as amended)
Appendix I- Health and Safety: The Control of Substances Hazardous to Health Regulations 2002 (as amended)
Appendix J- Health and Safety: The Construction (Design and Management) Regulations 2007
Appendix K- Health and Safety: The Work At Height Regulations 2005 (as amended)
Appendix L- Health and Safety: The Control of Asbestos Regulations 2006

The Author

Richard Matthews QC, Barrister, 2 Bedford Row, and James Ageros, Barrister, 2 Bedford Row

For more information go to the Oxford University Press Website at

Review(s) from previous edition
 
"This is a long-awaited sequel to the first edition, which broke new ground in providing a definitive guide intended for all those interested in health and safety law. It will be a brave health and safety lawyer who ventures to court without it! - Richard Turfitt, Former Health & Safety Executive


Extradition and Mutual Legal Assistance Handbook
Edition: 2nd
Format: Hardback
Authors: Edited by John R W D Jones and Rosemary Davidson
ISBN: 978-0-19-957404-9
Publishers: Oxford University Press
Price: £145
Publication Date: 16th Dec 2010
 
Publisher's Title Information

 
Clear, step-by-step coverage of the law affecting each stage of the extradition process
Comprehensive guide to the law on mutual legal assistance
Includes key source materials and useful references from which conventions and treaties can be obtained
User-friendly index of cases by subject matter
Written by an expert practitioner author team led by John Jones

New to this edition

Comprehensive guidance on mutual legal assistance, including all relevant case law
Contains up to date analysis of extradition case law
New sections covering the international dimension and the political offence exception
The Extradition and Mutual Legal Assistance Handbook is the new edition of the previously entitled Extradition Law Handbook. It is a comprehensive guide to extradition under the Extradition Act 2003 and to mutual legal assistance. In addition to providing comprehensive guidance to the statute law, it contains summaries of the leading cases and appendices containing the main statutory and international instruments.
 
Extradition is a rapidly-evolving area of law and consequently extradition legislation and cases can be very difficult to locate. As the only dedicated sourcebook available, this Handbook brings together legislation and relevant case law covering the European Council Framework decision on the European arrest warrant and the surrender procedures between Member States: European Convention on Extradition; Commonwealth and treaty countries; and UN Conventions. It also includes sections on human rights implications and war crimes tribunals.
 
This new edition has been expanded to provide full coverage of mutual legal assistance, reflecting the growing importance of this area of law, and the overlap between these powers and extradition. It provides guidance on the relevant statutes and international agreements relating to mutual legal assistance, as well as to the relevant case-law.
 
The experienced practitioner author team have created a valuable reference tool, offering comprehensive and practical commentary, along with the key source materials and a reliable and rigorous selection of relevant cases required for extradition practice.
Readership: Criminal and human rights barristers, solicitors, government lawyers, judges, and others dealing with extradition law; academics and students worldwide.

Contents

PART I: EXTRADITION
1: Brian Gibbins: Introduction
Definition
Origins
Types of Extradition Arrangement
Terminology
The Key Players
The Role of the Crown Prosecution Service
2: Brian Gibbins: Overview
Export extradition - Procedure for Dealing with Category 1 Requests (European Arrest Warrants)
Export Extradition - Procedure for Dealing with Category 2 Requests (from non-EU countries)
Import Extradition - Requests to EU Member States
Import Extradition - Requests to Non-EU States
3: John Jones: Mutual Trust and Abuse of Process
Introduction
Mutual Trust
Abuse of Process
4: Rosemary Davidson: Extradition Offences
Introduction
Category 1 Territories (EAW)
Category 2 Territories
The Meaning of 'Conduct' in the 2003 Act
5: Rosemary Davidson: The Extradition Hearing
Introduction
The Initial Hearing/First Appearance
The Extradition Hearing
6: Rosemary Davidson: Bars to Extradition
Introduction
The Bars to Extradition
Mental or Physical Condition
7: John Jones: Convictions in Absence
Introduction
Category 1 Territories
Category 2 Territories
Principles
8: Rosemary Davidson: The Decision of the Secretary of State
Introduction
Certification
Order for Extradition
Post-appeal Consideration of Human Rights
9: Rosemary Davidson: Habeas Corpus, Judicial Review, and Appeals
Introduction
Appeals under Part 1 of the 2003 Act (Category 1 Territories: European Arrest Warrant)
Appeals under Part 2 of the 2003 Act (Category 2 Territories)
Habeas Corpus and Judicial Review
10: John Jones: Extradition and Human Rights
Introduction
Historical Development
Human Rights under the 2003 Act
Specific Human Rights
11: John Jones: The Relationship between Extradition Law and Asylum Law
Introduction
The Bases upon which Asylum can be Granted
The Differences between Asylum and Indefinite Leave to Remain
The Appeal Procedures available in Immigration Cases
Those Instances in which Leave to Remain can be Revoked and the Procedure for so Doing
The Effect of Asylum on Extradition
The Relevance of Immigration and Asylum Law in Case Preparation
PART II: MULTI-LATERAL AND REGIONAL DIMENSIONS
12: John Jones: Transfer to International Criminal Courts and Tribunals
Introduction
The International Criminal Courts and Tribunals
Transfer of Persons to the Jurisdiction of the International Courts and Tribunals
13: Arvinder Sambei: Extradition Law and Practice in other Jurisdictions
Introduction
Extradition Procedure in the Caribbean
Extradition Procedure in India
Extradition Procedure in South Africa
Extradition Procedure in the United States of America
14: Arvinder Sambei: The Political Offence Exception
Introduction
What does Political Offence Exception Mean?
Concluding Remarks
PART III: MUTUAL LEGAL ASSISTANCE
15: Victoria Ailes: Mutual Legal Assistance and other European Council Framework Decisions
Introduction
Obtaining Assistance from Overseas
Requests for Evidence to be Provided by the United Kingdom
Other Forms of Assistance
Grounds for Refusal
Current Developments
APPENDICES
Fadi Daoud: Appendix A: A Guide for Duty Solicitors
John Jones: Appendix B: Extradition Arrangements by Country
John Jones: Appendix C: Subject-Matter Guide to Case-Law
Appendix D: The Extradition Act 2003 (as amended)
Appendix E: The Multiple Offences Order (SI No 2003/3150)
Appendix F: The Framework Decision on Extradition
Appendix G: The European Convention on Extradition
Appendix H: The Commonwealth Scheme for the Rendition of Fugitive Offenders
Appendix I: The US/UK Extradition Treaty
Appendix J: The Crime (International Co-operation) Act 2003 (as amended)
Appendix K: POCA (External Requests and Orders) Order 2005 (SI 2005/3181, as amended)
Appendix L: The Council of Europe Convention on Mutual Assistance in Criminal Matters
Appendix M: The Harare Scheme relating to Mutual Assistance in Criminal Matters 2000
Appendix N: The Council of Europe Convention on Mutual Assistance in Criminal Matters 1959

The Authors/Editors

John R W D Jones, Barrister, Doughty Street Chambers, and Rosemary Davidson, Barrister, 6 King's Bench Walk
Contributors:
Victoria Ailes, 6 King's Bench Walk
Fadi Daoud, Crown Prosecution Service
Brian Gibbins, Crown Prosecution Service Special Crime Division
Arvinder Sambei, Amicus Legal Consultants

Foreword

This is an important book. The law of extradition used to be regarded as an arcane subject, a little-known speciality. The force of many factors has transformed it. The law of the European Union has given us the European Arrest Warrant: a challenging instance of harmonization. The law of the European Convention on Human Rights has given a new edge to extradition: a challenge to extradition's legal limits. Much crime is international, and knows no boundaries: fuelled by the internet, email, and other technologies, it exerts a further challenge, demanding that extradition procedures be swift and efficient. The law of extradition is no longer an arcane subject, and certainly ought not any longer to be a little-known speciality.

That is why this is an important book. It spans the history of the subject. So it should. Any area of law which touches the relations between sovereign states is likely to be in close contact with its own history, and its practitioners need to understand as much. History aside, this book is a comprehensive vade mecum through the modern British law of extradition, principally contained in the Extradition Act 2003. It explains the procedural and substantive law in great detail and does so clearly in no-nonsense language. It is especially helpful that the procedures are properly described, not least since extradition remains an area of the law where the relationship between judiciary and executive is unusual and perhaps unique. I think the book is particularly good on the bars to extradition and the impact of human rights law. The section on the relationship between extradition law and asylum law is also very usefulthese are closely related territories, and lawyers practising in the area will be better informed as to the relation between them.

The book also ventures into broader, more strategic territory, with sections on International Criminal Courts and Tribunals and extradition law and practice in other jurisdictions. This is excellent. Specialist areas of our law become more and more isolationist. These comparisons are something of an antidote.

My impression is that the number of extradition cases coming before the Divisional Court is increasing. There are certainly many of them, and the arguments deployed are increasingly refined. This is a thoroughly modern, high quality textbook which will equip the profession as it needs to be equipped. I wish this second edition every success.

Lord Justice Laws.

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