"INTERNET LAW BOOK REVIEWS", Provided by Rob Jerrard LLB LLM

Palgrave Macmillan 2008


Employment Law, Palgrave Macmillan Law Masters
Edition: 6th 2008
Format: Paperback
Author: Deborah J Lockton
ISBN: 978 0230537484
Publishers: Palgrave Macmillan
Price: £19.99
Publication Date: 11 Apr 2008
 

Publisher's Title Information
 
Employment law is one of the fastest moving areas in the law today, with statutory changes, European Directives and new cases changing the detail rapidly.This book steers the student confidently through the complexities, exploring statute and case law reinforced with summaries, exercises and further reading throughout.fully updated.

Contents
PART ONE: INTRODUCTION
Sources and Institutions of Employment Law
PART TWO: THE EMPLOYMENT RELATIONSHIP
The Nature of the Relationship
Terms of the Contract
Implied Duties in the Contract of Employment
PART THREE: CONSTRAINTS ON THE EMPLOYMENT RELATIONSHIP
Discrimination
Equal Pay
Employment Protection
PART FOUR: TERMINATION OF EMPLOYMENT
Termination at Common Law
Unfair Dismissal
Redundancy
PART FIVE: TRADE UNIONS AND THE LAW OF INDUSTRIAL ACTION
Trade Unions
The Rights of Trade Union Members
Industrial Action
 

The Author
Deborah J. Lockton is Deputy Head, Department of Law at De Montfort University, UK, and Editor-in-chief for Contemporary Issues in Law. She has specialized in employment law for many years, and has acted as a consultant for a numbercompanies. She conducts specialist in-house training courses for both companies and the professionis the author of several books on employment law. She also contributes to Tolley's Employment and Personnel Procedures and Tolley's Health and Safety at Work.


Trusts law, Palgrave Macmillan Masters
Edition: 1st
Format: Paperback
Author: Charlie Webb & Tim Akkouh
ISBN: 9781403987853
Publishers: Palgrave Macmillan
Price: £18.99
Publication Date: 9th April 2008
Publisher's Title Information

 
Trusts Law is a clear and concise text aimed at first time students of equity and trusts, covering all topics typically included in courses by providing an account both of the case law and also the main academic debates on which exam questions often focus.The authors have provided useful insights and new perspectives on a complex subject.
 

Contents
An Introduction to Equity and Trusts
Basic Concepts and Principles
Certainty
Purpose Trusts
Charitable trusts
Formalities and the Constitution of Trusts
Resulting Trusts
Constructive Trusts
Fiduciary Obligations
Non-fiduciary Obligations
The Administration of Trusts
Breach of Trust and Trustees' Liability
Proprietary Claims and the Liability of Third Parties
 

The Authors
Charlie Webb is a Lecturer at theSchool of Economics and Political Science, UK. He has previously taught at University College, Oxford and SOAS.
Tim Akkouh is aat New Square Chambers.at the LSE and UCL and hastaught trusts at London School of Economics and Political Science, UK.
 

Reviews to Date
 
"I'm very pleased with this textbook. I feel the authors have identified a significant gap in the teaching of law generally, namely that students are being required to apply rules without any real understanding of why the rules exist, how they can change, and how they are re-evaluated in the light of similar circumstances, but circumstances where a different outcome may be justified. Accordingly, pointing this out is a very valuable technique to helping people understand the law on this area. Also, there is a tendency for textbooks to focus on how much law they can cram in, and a tendency also for lecturers to consider this to be advantageous. However, Webb and Akkouh's focus, possibly the advantage of the authors' combination of practice and academic backgrounds, emphasises the importance of how flexible the law is, and how different viewpoints may be expressed, albeit with supporting authorities". - Dr Catrin Fflur Huws, Aberystwyth University

Family Law, Palgrave Macmillan Law Masters
Edition: 6th 2008
Format: Paperback
Author: Kate Standley
ISBN: 978-0-230-53746-0
Publishers: Palgrave Macmillan
Price: £19.99
Publication Date:
 
Publisher's Title Information

 
This new sixth edition of Family Law provides an insightful yet concise account of this fascinating and dynamic subject. In addition to dealing with the intricacies of statute and case-law, it considers wider social and policy issues, the current family law debates and proposals for reform.
 
New developments contained within this edition include the provisions on guardianship orders and on family assistance orders, as well as greater protection for victims of domestic violence. In addition, the book considers further change arising from the Children Act 2004 with regard to new responsibilities for public authorities to improve inter-agency working, and it discusses the great variety of activities at government level, including structural change in departmental organisation and the Law Commission proposals for reform of the law governing property and finance for cohabitants. Miller v. Miller on property and finance on divorce is also now included, along with many other pertinent recent cases.
 
The user-friendly layout highlights cases and statutes in separate boxes and includes helpful summaries at the end of each chapter to aid understanding. Suggestions for further reading and lists of websites provide direction for further investigation and study.
 
Family Law is essential reading for undergraduates on family law courses. Students on child law, social work, social policy and health care courses will find it invaluable, as will postgraduates and those studying the subject for professional purposes.
 

The Author
Kate Standley teaches family law and child law at the University of Essex, UK.

Making Sense of Land Law
Edition: 2nd 2008
Format: Paperback
Author: April Stroud
ISBN: 978 0230205345
Publishers: Palgrave
Price: £25.99
Publication Date: 2008
 
Publisher's Title Information

 
Designed to enliven the subject of land law for a student audience, “Making Sense of Land Law” is the ideal companion to study of an otherwise intricate and occasionally difficult area. It is written with the student in mind, taking care to explain the essential concepts in a clear and engaging style, bringing them to life with question and answer debates and real examples, underpinned throughout with the relevant case law and statutory material. Written with the content of the majority of courses in land law in mind, this should be an excellent text for use in the lecture hall, but also for independent study or revision where particular topics would benefit from additional explanation and understanding. A student can use the book to work through each chapter, stopping to reflect upon learning and understanding before proceeding, and thus building upon knowledge already acquired.
 

Table of Contents:
The essence of land law
Rights in land before 1926
Rights after 1926 in unregistered land
Registered land
Adverse possession
The use of trusts in land
Successive interests in land
Express co-ownership in land
Implied co-ownership in land - resulting and constructive trusts
The Trusts of Land and Appointment of Trustees Act 1996
Overreaching and the protection of interests under a trust of land
Proprietary estoppel
Licences
Freehold covenants
Leases
Leasehold covenants
Easements
Mortgages
 
This new edition has been rigorously updated to ensure that the approach taken provides greater academic insight, many more case references and further reading lists to guide independent research. In addition, the area of fixtures and fittings has been included for the first time.
 

Endorsements
'By approaching land law in a different way this book offers a key to the mysteries of land law for students who find the subject impenetrable.' - C. J. Willmore, School of Law, Bristol University, UK
 

The Author:
April Stroud is Senior Lecturer at Southampton Solent University in the School of Law. She was the Association of Law Teachers “Teacher of the Year” in 2005.


Reviewer Wanted

Would you be interested in reviewing this book? (The Book Above) If you are interested in providing a review in about 500/800 words within 3 months or sooner then please contact us by e-mail at robjerrard@aol.com providing a small CV and your interest/or expertise in this particular book/subject. We do ask reviewers to agree to review within approx 3 months and to assist with costs, pay the postage, books not reviewed should be returned. We are looking for a positive commitment.

"Internet Law Book Reviews" aims to provide reviews of a high standard. For an indication of what is required please see this website. "Internet Law book Reviews" which currently attracts up to 1,200 visitors per day. We welcome all categories of reviewers. We reserve the right to edit reviews. Reviews submitted are for publication on this website.


Evidence (Palgrave Macmillan Law Masters)
Edition: 4th 2008
Format: Paperback
Author: Raymond Emson
ISBN: 978 0230537477
Publishers: Palgrave Macmillan
Price: £24.99
Publication Date: 19th June 2008
 
Publisher's Title Information

 
Description
From DNA profilingconsideration of the accused's previous conduct, the law of evidence is a fascinatingof logic, common sense, philosophy and tactics. Evidence explains the fundamentals and looks at the principles behind it. It is aimed at satisfying the needs of undergraduates,and BVC students.
 

Contents
Preliminaries
Relevance and 'Similar Facts'
The Criminal Evidence Act 1898
The Scope of the Hearsay Rule
Exceptions to the Hearsay Rule
Admissions
Hearsay in Civil Proceedings
Silence as Evidence
Evidence Obtained by Unlawful or Unfair Means
Safeguards Against Unreliability and Error
Opinion Evidence
Disclosure and Public Interest Immunity
Privilege
The Mechanics of Proof
The Trial
Sexual Experience as Evidence
Index
 

The Author

Raymond N. Emson, LLM, Barrister, is a lawyer in the Government Legal Service specialising in the criminal law and the law of criminal evidence. He also contributes on a part-time basis to the teaching of Evidence at King's College London, UK.
 

From the Introduction
 
The law of evidence is a fascinating blend of practical and academic issues. It is practical
because it is the law which is applied in the courts every day to determine, amongst other
things, whether evidence ought to be admitted, the use which may be made of evidence
once it has been admitted and the questions which witnesses may be asked. It is a body
of law which must be known and understood thoroughly by any advocate (particularly
those who practise in the criminal courts), as he or she may need to make submissions
on a question of evidence or related procedure at very short notice. But this does not mean
the law of evidence is simply a body of rules to be learnt by rote. Far from it, The law of
evidence is a discipline which can and ought to be studied at an academic level, for no
advocate will be able to support his or her submissions on what the law is, or on what it
ought to be, or on how a discretionary power should be exercised, without an
appreciation of the principles and considerations of policy which underpin the subject.
Certainly, one can comprehend the law of criminal evidence only if something is known
of the rights-based theories of jurisprudence, of concepts such as 'logical relevance' and
'proof', and of the weaknesses and prejudices which are an inherent part of the human
psyche.
 
The law of evidence, criminal evidence in particular, is a dynamic body of flexible
discretionary powers and inflexible rules which have evolved out of (and continue to
be influenced by) considerations of public policy, common sense, logic, psychology,
philosophy and legal principle. An important consequence is that decided cases do not
usually amount to binding precedents to be slavishly followed by judges in subsequent
cases. More often than not, a case on the law of evidence provides nothing more than
an illustration of how logic and certain well-established principles or policy
considerations have been applied to a particular factual scenario. For example, if a man
charged with committing a sexual offence against a boy had photographs of naked boys
in his home, and such evidence is held on appeal to have been properly admitted at his
trial, the judgment of the Court of Appeal does not set a precedent to the effect that
incriminating articles of this sort can always be admitted against a man charged with a
sexual offence against another male. Nor does a case where indecent photographs in the
accused's possession are held to have been wrongly admitted at his trial for sexually
assaulting a woman provide any precedent for the exclusion of such evidence. To
determine whether evidence of this sort should or should not be admitted requires an
understanding of the particular circumstances of the case, the context in which the
relevance and, in particular, the cogency of the evidence are determined. But it is also
necessary to understand the various other factors which may militate against the
admission of the evidence, that is to say, the principles and policy considerations which
could justify excluding relevant evidence. Much of the law of criminal evidence was
developed by the courts during the nineteenth and twentieth centuries on the premise
that certain types of relevant evidence should be kept from the jury, and although
Parliament has recently intervened to make the admission of some types of evidence
easier, or even possible for the first time, the exclusionary principles which influenced
the courts in the past are no less valid today.


Previous Reviews
'Palgrave Law Masters ...as popular as ever with students of all levels...' Lexonthenet.co.uk


Drugs Handbook 2008

Edition: 2008

Author: Glyn Volans & Heather Wiseman

ISBN: 978 0230574250

Publishers: Palgrave

Price: £19.99

Publication Date: 4th Dec 2007

Publisher’ Title Information


It is essential that all involved in a patient's healthcare should have ready access to information on the various medicines prescribed or bought over the counter. This book provides quick and easy access to this information and acts as a concise guide to the mechanism of action, therapeutic indications and chief unwanted effects of medicines available in the United Kingdom.

The 2008 edition of the Drugs Handbook has been revised to include entries of new medicines and new information about existing medicines, and also indicates those medicines that are currently being intensively monitored by the Commission on Human Medicines (CHM). Up-to-date information on the drugs is clearly arranged in the following user-friendly structure:

Part I lists (in alphabetical order) the drugs under their chemically approved names, giving mechanism of action, therapeutic indications and chief unwanted effects.

Part II lists the drugs under their trade or brand names, with cross­ references to the appropriate approved names.

There is an Appendix of common slang names for misused drugs.

This practical and concise text is a valuable reference guide for student and qualified nurses, and also for students and practitioners in other healthcare professions.

Glyn Volans, MD, BSc, FRCP, is consultant clinical pharmacologist/ toxicologist at Guy's and St Thomas' NHS Foundation Trust.

Heather Wiseman, BSc, MSc, is an information scientist with a long­standing interest in drug safety.


Reviews to date

'Includes new drugs and omits those no longer available. It is a useful quick reference for those who do not have access to regularly published drug information books'- Nursing Standard

'in a ward where one needs to look up drugs quickly, a drug index book such as this would prove useful'- Nursing Times.



Communicating Rights, The Language of Arrest and Detention

Edition: HB

Author: Frances Rock

ISBN: 9780230013315

Publishers: Palgrave

Price: £55

Publication Date: 2007

Publisher’s Title Information


People explain things to each other every day using both writing and speech. Communicating Rights examines the creativity which underpins everyday explanation and its power to influence lives. The rights communication in question occurs in police custody, where explanations shape crucial decisions. Data examined illustrate that when speakers and writers transform texts for others through explanation they work hard to convey meaning. They try to simplify words and grammar and consider the other's perspective and communicative needs. However, although explaining rights seems to be concerned with simply relaying facts it does much more. This apparently tightly-regulated, goal-oriented talk is used by both police officers and detainees to reassure, persuade, distract, challenge, empathise, learn, influence confidence, present identity, prospect intentions, show affiliation, make suggestions and bring formality. The book shows that analysts, institutions, indeed anyone who explains to others, might usefully recognize that their explanations do more than simply convey facts.

Contents

List of Figures
Acknowledgements
Terminology and Key to Transcription Conventions
PART 1: RIGHTS AND RESEARCH: ORIENTATION AND THEORY
Introduction
Beyond Language as Transmission
PART 2: WRITING RIGHTS
Introducing Written Rights Communication
Working with Syntax and Lexis in Writing
Working with Organization in Writing
Working with Context: Rights Texts in Custody
Off The Page: Detainees' Reading Practices
PART 3: SPEAKING RIGHTS
Introducing Spoken Rights Communication
Working with Lexis in Speech
Working with Organization in Speech
Checking Comprehension
Beyond Explanation: Using Cautioning
PART 4: RIGHTING RIGHTS?
Conclusion
Notes
References
Appendices
Index

Author

FRANCES ROCK is a Lecturer in the Centre for Language and Communication Research at Cardiff University, UK. She has previously taught at the Universities of Roehampton and Birmingham.


Review
 
Having spent time as a Sergeant before the enactment of the Police & Criminal Evidence Act 1984 and then as Custody Sergeant and Review Officer ( Inspector) afterwards, this book goes to the very root of what I did for a considerable part of my life and I have to say that I never found communicating with prisoners particularly difficult. Most officers managed by experience and I am not sure that those on the ground, on the front line will read this book. Most stations will have their own Force Orders and will follow the procedures, added to that, Codes of Practice and Police Manuals are very comprehensive.
 
However there is an element of truth in the below quote from the book. This officer describes using language at work. 'Police officers, themselves, recognise this: when you're charging somebody with a Public Order offence and you read out the offence (.) the offence is so long winded and so complicated for them to understand that … they'll like look at you as if “what?” (.) you know (.) they've maybe been fighting in the street and they've been charged with Section 4 Public Order and they're like “what's going on here I was just fighting in the street?” and then you have to obviously explain, so like you're used to explaining things in layman's terms.'
 
As an academic exercise it is interesting to see that an entire book can be produced to discuss the language of arrest and detention, but surely it will vary from Force to Force as all language does. In London, ranks above you were often addressed as 'Guv' whereas when I was seconded to Yorkshire, I found myself addressing an Assistant Chief Constable as 'Boss'; I was Boss to my Sergeants.
 
I can recall clearly what we did as young Detectives or Constables prior to 1986 (PACE) because I frequently arrested people during those years and it is not true to say that they (prisoners or detainees) were not told of their rights, albeit I admit it was not so regulated. However you still had to satisfy the Station Officer (usually a Station Sergeant or Uniformed Inspector) of the legality of your arrest, if not a refused charge had to be written up. To read a very clear explanation of this see 'Living Twice - an Autobiography' by CH Rolph (AKA CR Hewitt, former Chief Inspector City of London Police,) Chapter 6, Page 98)
 
'I believe that the station officer is, and I am certain that he was, the mute inglorious Milton of the police service. He is the police system's only creative artist. During my own short period in this exacting role, I suppose three years at the most, I found…the telephone maddening, ….the duty parades faintly comic, the unlawful arrests a marvellous challenge to inventive lying, and the grape-shot of the criminal law highly dangerous….The unlawful arrests were many and various, and the recognition that they were unlawful was usually an unpopular piece of pedantry. The law had neglected, no doubt by oversight, to provide that some kinds of offenders could be arrested without a warrant from a magistrate. Among them were people obtaining property by 'false pretences,' cafe customers getting a meal with no intention of paying,' and men committing what the law shudderingly called "acts of gross indecency". Few station officers seemed to bother themselves about this state of the law; and because fewer still had done so in the past, there had grown up a code of procedure, and a list of "specimen charges", which offered an alternative cover for errors of law which did violence to "civil liberty". If the alleged crime, and the resulting unauthorised arrest, had taken place indoors you added a charge under the 1824 Vagrancy Act of "being found in premises for an unlawful purpose". If it was out of doors, you added a charge (unless it seemed completely daft) of "insulting behaviour likely to cause a breach of the peace ". Both of these rubber-stamp postscripts authorised "arrest without warrant", though the penalties attached to them were insignificant by comparison with the graver charges they artfully supported. Anyway they were ignored by the court and never read out to the defendantthe justices' clerk detachedly regarding them as a funny little police habit which did no harm and obviously in some way made the police feel better.
 
When you did this you had to write a story about it in the Refused Charge Book; and this was studied with passionate interest by such superior officers as were spurred by native devotion to duty, or self-preservation to look for trouble and stir up what they found. I am bound to confess that I developed a facility with the use of the Refused Charge Book which assured for me a kind of charmed life, though in fact it took longer to refuse a charge than to accept one. And I'm in no doubt that I sometimes grievously abused its intended purpose when it seemed to me that the lives of hapless men were going to be ruined by some trumpery charge of homosexual conduct in private (for an acquittal, though in these circumstances almost certain, would do them little less harm than a conviction), or of being "drunk and incapable" when they were clearly able to walk.'
 
I suggest the chapter be read in full along with Chapter VI of 'Common Sense About Crime & Punishment' also by CH Rolph Gollancz 1961. This will give you a feel of the old ways when Police Officers survived on practical Police work and common sense: it will set the scene before you delve into the complicated language and erudite research undertaken by this author. Before proceeding any further I should say I firmly believe that older generations of Police Officers could express themselves and use their own language far better than modern youth, who's daily vocabulary appears much more limited.
 
The book is divided into two parts, investigative and analytic, and examines the 'notice to detained persons' and the Police caution which has changed a few times over the years since it was first laid down in 1906 and embellished from time to time by the Judges of the High Court. The fact is they came about because of or I should say at the request of the Chief Constable of Birmingham and notes were added to the first four rules in response to questions put to them in 1929 by the Royal Commission on Police Powers and Procedure.
 
CH Rolph gives the rules in full in his 1961 book (Supra) and I know they were altered in 1964 and the copy I still have is Home Office Circular 89/1978, Second Edition. They are stated to be exactly the same as Home Office Circular 31/1964. These are the rules I worked under from 1968 to 1986 prior to PACE, and Home Office Circular 109/1978 'Identification Parades and the Use of Photographs for Identification'.
 
One Page 142 the author referring to the history of the rules quotes the short caution from the 'Police Mutual Assurance Society booklet 1976'. These small booklets although correct were not official documents, they were used by recruits at training centres in the days when you had to learn 10 'definitions a day, usually in the lunch hour. We called this the 'short caution' and what the 1978 official Home Office circular said was:-
.
RULES
I. When a police officer is trying to discover whether, or by whom, an offence has been committed he is entitled to question any person, whether suspected or not, from whom he thinks that useful information may be obtained. This is so whether or not the person in question has been taken into custody so long as he has not been charged with the offence or informed that he may be prosecuted for it.
II. As soon as a police officer has evidence which would afford reasonable grounds for suspecting that a person has committed an offence, he shall caution that person or cause him to be cautioned before putting to him any questions, or further questions, relating to that offence.
The caution shall be in the following terms :
" You are not obliged to say anything unless you wish to do so but what you say may be put into writing and given in evidence."
When after being cautioned a person is being questioned, or elects to make a statement, a record shall be kept of the time and place at which any such questioning or statement began and ended and of the persons present.
That was the short caution
III. (a) Where a person is charged with or informed that he may be prosecuted for an offence he shall be cautioned in the following terms :
" Do you wish to say anything? You are not obliged to say anything unless you wish to do so but whatever you say will be taken down in writing and may be given in evidence."
 
The Rights Text (the rights notice) now used around England and Wales shown at Appendix 12 of this book is based on a revision written by a serving Sergeant but it is typical of the Home Office that they were not satisfied with this plain language version eg the Sergeant wrote 'The Police will help you get in touch with a Solicitor' - simple enough isn't it? However the official version reads 'the Police will help you get in touch with a Solicitor for you'. What does adding 'for you' signify apart from making it bad English? I suppose it was too much to ask that something written by a Sergeant be allowed to stand.
 
This is a very well researched book, the references are extensive and it has a very good index.
 
Rob Jerrard


LINKS