"INTERNET LAW BOOK REVIEWS" PROVIDED BY - Rob Jerrard LLB LLM (London)

Shaw and Sons 2008
Moments In Probation
Edition: 1st
Format: Paperback
Author: Various; Compiled by Paul Senior
ISBN: 978 0 7219 1780 1
Publishers: Shaw & Sons
Price: £17.50
Publication Date: October 2008
 
Publisher's Title Information

 
A must-read for all those with an interest in the Probation Service Moments in Probation
A collection of 100 essays on probation practice and history by a wide variety of individuals involved with the probation arena.
 
This fascinating new book was created as part of the celebrations for the Century of
Probation, to celebrate and commemorate the Probation Service's interesting political,
Social and anecdotal history. Comprising over a hundred essays contributed by voices
reflecting the varied landscape of the probation arena, all aspects of probation practice
are covered, from policy and legislation to research and training.
 
This series of short essays represents a reflective testimony to the rich diversity of
the probation ideal and will make stimulating reading for those who work within
probation, as well as the wider criminal justice system, and the academic community;
in fact, anyone who wants a better understanding of the history of this modernised and
culturally transformed Service.
 
First appearing as daily contributions to the Community Justice Portal (www.cjp.org.uk) organised by the Hallam Centre for Community Justice to mark the Century of Probation, this volume has now been compiled in book format as a lasting souvenir of the centenary celebrations. Comprising the memoirs of some 75 probation practitioners, commentators, critical friends and academics, as well as individuals who have served time on probation, this collection of essays explores the social, political and anecdotal history of the Probation Service. Grouped under categories including Education & Training, Policy & Legislation, Practice, Research & Theory, Training & Staff Development, the contributions capture the essence of probation and express what probation means to the authors and to us all. In these articles, contributors have highlighted events, legislation, policy changes, innovations in practice, differing interpretations of the same event and, collectively, a memory of a range of moments documenting the history of probation. This volume breathes life into the term 'getting probation' and will be of interest to anyone involved with the Probation Service.
 

The Authors:
 
Paul Senior is a former probation officer, probation trainer, probation consultant, probation researcher and professor of probation studies. Currently, he is the Director of Hallam Centre for Community Justice at Sheffield Hallam University.
 
Contributions to Moments in Probation have been penned by probation officers, professors and lecturers in probation in higher education institutes, colleagues from other European probation services, prison staff, probation committee members, research associates and even individuals who have experienced time on probation.
More Details on the Shaw & Sons Website



Successful Use of Expert Witnesses in Civil Disputes
Edition: 1st
Format: Paperback
Author: Suzanne Burn
ISBN: 0721914500
Publishers: Shaw & Sons Ltd
Price: £29.50
Publication Date: 2005
Publisher's Title Information
 

Written in association with Bond Solon Training
 
This is a practical guide aimed at lawyers who seek advice from experts on the technical aspects of a case or instruct expert witnesses. Expert witnesses are playing an increasingly important role in court cases, helping lawyers to investigate the facts and issues and to identify the strengths and weaknesses of cases, and preparing reports for court and giving oral evidence. Some experts, however, are inexperienced in civil procedure and could be more successfully guided by the litigator after they have been instructed.
 
This important new book offers comprehensive guidance to practitioners for the successful use of expert witnesses in civil proceedings, referring frequently to the requirements of the Civil Procedure Rules and decided cases. In addition to the type of questions listed opposite, the book covers the more difficult aspects of expert witness appointment: what happens when the expert changes his mind, how to deal with breach of contract by experts, when might a single joint expert be instructed and what to do if the client has problems with the expert's report.

The Author
Suzanne Burn, in association with Bond Solon Training, who run courses to train expert witnesses in all aspects of their work, has used her vast experience in training lawyers and expert witnesses to produce a companion volume to The Expert Witness in Court to help practitioners to get the very best from their experts, both in the run up to trial and in the trial itself.
 

Reviews to Date
 
DJ Burn cuts to the quick with some excellent guidance for the local solicitor about to instruct an expert.
Burn provides a breath of fresh air with her chapter structure which has a clear introduction, some useful questions and tips to consider as the meat of the text, and a sensible conclusion for the topic under discussion.
The Bill of Middlesex
The references and authorities are up to date and extensive. The layout is attractive and helpful. It provides instruction and guidance as well as being ideal for reference purposes. It is small and handy. I cannot find anything to criticise.
The Expert & Dispute Resolver
More Details on the Shaw & Sons Website

Environmental Liabilities
Edition: 1st
Format: Paperback
Authors: Brian Jones and Neil Parpworth
ISBN: 0721916406
Publishers: Shaw & Sons Ltd
Price: £49.50
Publication Date: march 2004
Publisher's Title Information

 
This new book provides a unique and in-depth focus of the principal legal liabilities in the context of environmental harm. It is aimed at environmental lawyers and personal injury lawyers, local government lawyers and environmental health officers, academics and students (in the UK and beyond). The book is divided into three main parts: dealing in turn with civil liabilities, liabilities to criminal prosecution, and liabilities to administrative direction (or administrative cost recoupment). Although the work concentrates on current English law, the book contains a final chapter which reviews progress as regards the development of an EU Directive on liability for environmental damage.
 
The book contains unusually detailed treatment of case law, both in terms of common law developments and also the rapidly growing case law interpreting key statutory provisions, making it a very useful reference work for lawyers. Both authors have written widely on environmental matters and Brian Jones is currently Editor of the journal Environmental Liability, while Neil Parpworth is Assistant Editor of the Encyclopedia of Environmental Health Law and Practice.
 

Reviews to Date
 
This is a compendious work ...that deserves a welcome from both academic and practitioner students of environmental law. ... It is a work of scholarship and understanding - and it is, given its price, remarkably good value!
Environmental Law and Management
The clear structure and accessible style guide the reader through some complex areas of law. A major asset to this publication is its in depth treatment of key cases and the authors succeed in introducing this depth of analysis while at all times keeping the issues under consideration clearly in view and the commentary easily understandable.
...this book, with its unique approach, will indeed serve as a 'useful and practical reference work for lawyers' as well as having a good deal to offer the student of law.
Environmental Law Review
Environmental Liabilities is a valuable and interesting book...
If ... a reader is searching for a detailed analysis of the cases that make up the law imposing environmental liabilities, this book is a valuable and most interesting resource work.
European Environmental Law Review
An unequivocal strength of the book is the wealth of case law.
It has a user-friendly focus which engages the reader's practical mind.
Practitioners in this area may also find it a useful, quick reference tool.
The authors have an engaging and enthusiastic writing style which draws the reader into the subject-matter and through the intricacies of the environmental liability system. For the uninitiated reader this is particularly useful as the analysis is undertaken in an intelligent, non-patronizing manner that will also be impressive to those readers more familiar with the field.
More Details on the Shaw & Sons Website
Review

Chapter One

The authors embark on a long journey through special environmental harm, that is, harm caused to the individual or his property by environmental pollution, which is subject, in certain northern EU states, to strict liability. They conclude that strict liability should not be present for such harm - nor in negligence generally and that prosecution of environmental polluters is the remit of the criminal law. It is respectfully submitted that they got it wrong: either the civil or criminal law could police environmental liability and as the Directive does not contain special harm they are wrong to cover it in detail and as it generally reserves strict liability only for the most harmful operators, they are wrong to claim that operators' activities harmfulness must be balanced with competing interests - their approach indicates that they are firmly in commerce's favour, as opposed to the environment's - their conclusion being that activities' harmfulness is not sufficient justification for a departure from fault-based liability and that only non commercially beneficial operators should face strict liability.
The US approach provides examples in CERCLA and oil pollution measures of successful, publicly -funded resource remediation. But in the UK, either the criminal law or administrative recoupment would be better placed. Whilst the integrity of the legal system and commercial interests should be protected, this author's view would be that what is best for the environment must be more important, than these.

Chapters 2 - 5
The next chapters look at nuisance, with an in depth discussion of the case law, although the environment is not really being damaged in the cases - people and property are, as would be expected in nuisance. Defences and remedies are covered. There is a chapter on the civil law action that can arise out of a public nuisance case.

Chapter 6
Fairchild was one respiratory disease case where the claimant was not allowed to fail simply because no causal link could be shown, possibly due to the state of contemporary scientific knowledge. In summary, the case allows a softening of the rules: failure of the 'but for' test is not a hindrance - there needn't be proof on the balance of probabilities, a material contribution to the harm or to a risk of harm can suffice. Employers who may or may not have been the cause of harm can be affixed with liability, but for example, non provision of showers, when to provide them would reduce risk of contraction of disease justified Mcghee.

There is discussion of Cambridge Water, where the rules of remoteness of damage were read into the rule in Rylands v Fletcher by the House of Lords. The result being that the claimant's case failed. This case concerned the pollution of the claimant's aquifer. It was caused by spillages onto land nearby by the defendant business that was located there. The spillages seeped into the claimant's reservoir. The trial judge found the defendants had been guilty of carelessness, an element of the tort of negligence. This was not disputed by either the Court of Appeal or the House of Lords. The case failed at the first instance. The claim under Rylands v Fletcher failed because it was held that the defendant's use of the land was natural - the trial judge held this was because it was of benefit to the community, urging thought for people with small containers in their backyards - but the House of Lords found the use to be non-natural. Jones and Parpworth find this an extension of the law but it is submitted that it reinstates the correct law. Negligence and nuisance claims failed on remoteness of damage at first instance - and the Rylands v Fletcher claim failed similarly in the Lords. Under Wagon Mound Number 2, damage by inhalation of chemicals was foreseeable, but, at the time, damage by seepage would not have been foreseeable - so there can be different kinds of pollution, it was not enough that pollution was foreseeable.

Chapter 9
With regard to water pollution law under the Environment Act they disagree, it is submitted incorrectly, with Lord Wilberforce's judgment in Alphacell and with Lord Hoffmann's judgment in Empress. In the former case, it was decided that the Act provided for a strict liability offence - in Lord Wilberforce's view, the mere existence of a factory would suffice to make the factory the cause of an escape; there was mention of defences for acts of God and third parties and Lord Wilberforce found that section 85 required neither knowledge, intent nor negligence. Jones and Parpworth disagree with the decision, because they feel that the offence should involve negligence.

In Empress, they consider that Lord Hoffmann's judgment on damage that may be compensated for is wrong. Something that is not normal or familiar but extraordinary can be dealt with by way of compensation - they think foreseeability should be the test but Lord Hoffmann rules this to be just one factor: it is not an absolute offence - it must be proved that the defendant caused or knowingly permitted the unlawful discharge. Even where the factory owner's act or omission is not the immediate cause of the pollution, liability can still attach to him. The question under the first limb is, 'who caused the pollution?' Under the second limb, it is 'did the omission cause the pollution?' and not 'what was foreseeable by the defendant?' In Empress, a third party turned off an accessible tap was not out of the ordinary and thus the defendant was liable. Lord Hoffmann also found that, in the wrongly decided Pryce v Cormack, “maintaining a lagoon was doing something” and at page 309 this is derided by Jones and Parpworth as “unexplained” but that is incorrect: the defendants were maintaining a lagoon, therefore they were liable.

Chapter 15

The convoluted evolution of the EC Directive on Environmental Liability (introduced after publication of the book, in 2004) is traced. The 1993 Green Paper included liability for special damage (caused by environmental harm) as discussed in chapter 1 and as in that chapter, they submit that the differences existing in the various civil legal systems in the EU are hard to reconcile.
'Environmental damage' under the Directive is one or more of damage to protected species and natural habitats or to a site of special scientific interest, damage to water and land damage. Annex III operators are strictly liable for 'environmental damage' caused by them because theirs are particularly harmful activities - causing harm or an imminent threat of harm and so requiring protective measures. Other, non annex III operators are liable under the usual, fault - based, tort principles for damage to species and habitats. For damage to land and water, their liability is also strict. Competent authorities are charged with identifying the damage and a responsible operator. There are causation issues - as encountered in chapter 6. There is no compulsory insurance scheme. Individuals and NGOs, whilst they do not have standing, may bring matters to the competent authority's attention. The Directive is not applicable to nuclear, oil and other operators - so its ambit is narrow, in contradistinction to Jones and Parpworth's view.

Mark Zukas


The Law of Waste Management
Edition: 1st
Format: Paperback
Author: David Pocklington
ISBN: 0721915205
Publishers: Shaw and Sons Ltd
Price: £45
Publication Date: 1997
 
Publisher's Title Information

 
Over the past 20 years, the statutory controls applied to the management of waste have grown from relatively modest beginnings to become one of the most technically and legally complex areas of environmental law. This new book has been written to provide all those with responsibilities in this area - environmental managers, regulators and consultants - with an appreciation of the legal issues involved in the practical application of this branch of the law. Nevertheless, it is essentially concerned with the principles underlying these activities and as such will be of interest to lawyers, academics and students. The on-going developments in packaging waste, the landfill tax, contaminated land and the transfrontier shipment of waste are included, in addition to recent case law and published material. There are also sections on corporate liability, the powers of inspectors, environmental information, and treatment of specific wastes.
 

Preface
 
Over the past 20 years, the statutory controls associated with the management of waste have grown from relatively modest beginnings to become one of the most complex areas of environmental law. In addition to an increase in the scope of activities covered by such measures, there have been developments in the concepts employed, and in the details of operating procedures and technical assessments incorporated within the regulatory controls. Against this background is the essentially practical, everyday context of the legislation, and a result of the ubiquitous nature of waste generation is that there are few activities which do not involve its management. The importance of waste within corporate strategy will increase further as more organisations introduce environmental management systems, and as the principles of "sustainable development" and "producer responsibility" become incorporated within statutory measures.
 
As a consequence of these developments, it has been necessary for a wide range of professionals to become involved in waste-related issues, and The Law of Waste Management has been written to provide those with responsibilities in this area - environmental managers, regulators and consultants with an appreciation of the legal issues involved in the practical application of this branch of environmental law. In addition, the book discusses the principles underlying these activities and as such will be of interest to lawyers, academics and students.

The solution to most waste-related problems demands an understanding of both the legal and the technical issues involved, and the first part of the book considers the legislative framework for the control of waste materials. Over 80% of current environmental law within the UK has its origins within the European Community, and consequently particular attention is paid to the framework of EU law and the Regulations and Directives upon which domestic measures are based. However, waste management law cannot be viewed in isolation, and consideration is also given to other relevant issues including water pollution, contaminated land and the role of the common law.
 
Whilst the early control of waste management was based almost entirely upon "black letter law", there has been an increasing trend towards the use of both statutory and non-statutory technical annexes and other guidance. In addition, developments in "producer responsibility" such as the packaging waste regulations are strongly reliant upon an interaction between industry and the regulators in the establishment of both mandatory and voluntary controls. Consequently, the formulation and interpretation of waste management law need to be approached from both the legal and technical points of view, and Part II attempts to provide such a perspective for a number of areas of practical interest.
 
There have been a number of important changes in the law relating to waste management during the time when this book was being prepared, and the willingness of my publisher to incorporate the many last-minute changes is acknowledged. I have attempted to state the law as at 1st September 1997, and recent developments, which have been incorporated include, inter alia the Treaty of Amsterdam, the Packaging Waste Regulations, the IPPC Directive, and the relevant case law, notably the Tombesi case on the meaning of waste. In addition, the proposals for new measures, such as the proposed Directives on the Incineration of Waste, Landfilling, and End-of-Life Vehicles, and the UK measures for the implementation of adopted primary legislation, such as the contaminated land provisions of the 1995 Environment Act, the IPPC Directive and the Hazardous Waste Incineration Directive, are also discussed.
 
David Pocklington

More Details on the Shaw & Sons Website

Water Pollution and Water Quality Law 
Edition: 1st 2001
Format: Hardback
Author: William Howarth & Donald McGillivray
ISBN: 0 7219 1102 1
Publishers: Shaw & Sons
Price: £85
Publication Date: 2001
Publisher's Title Information

 
Water Pollution and Water Quality Law provides a comprehensive account of the role of the law concerning impacts on the aquatic environment and the realisation and maintenance of environmental objectives for different kinds of waters. The full range of criminal, civil, administrative, European Community and international law that bears upon protecting and improving water quality is examined and placed in perspective alongside the underlying environmental problems, the principal activities that are regulated and the range of potential legal strategies by which they may be addressed.
 
Alongside detailed coverage of established topics such as the role of private law and criminal law in responding to water pollution incidents, particular emphasis is given to a range of recent developments of profound theoretical and practical importance. These include: the extensive body of European Community water quality law, culminating in the Water Framework Directive; the major international agreements, especially the Convention for the Protection of the Marine Environment of the North East Atlantic (OSPAR); nationally, the role of the Environment Agency for England and Wales as an integrated environmental regulatory authority; the relationship between economic regulation of water and sewerage undertakers and water quality; and, generally, the wide range of preventative, precautionary and strategic measures which seek to anticipate water quality problems.
 
The book is written equally for legal practitioners working on water-related issues, readers concerned with the insights that are provided into wider debates on environmental regulatory strategy and the wide range of 'environmental practitioners', engaged in advising on water quality issues or campaigning for improvements.
 

The Authors
 
William Howarth is Professor of Environmental Law at the University of Kent at Canterbury and the author of several books and reports, and numerous articles in academic journals, on diverse aspects of water and environmental law. He is the General Editor of the journal Water Law and has acted as an advisor on water and fisheries legislation to governments and regulatory bodies at national and international levels.
 
Donald McGillivray is a Lecturer in the School of Law, Birkbeck College, University of London. Previously he lectured at the University of Kent, collaborating with William Howarth on a number of water law-related projects at home and overseas. He is on the editorial committee of the Journal of Environmental Law and, with Stuart Bell, is the co-author of the 5th edition of Ball and Bell on Environmental Law.
 

Foreword
 
By David Kinnersley
 
It was a fire at a riverside chemical factory in Switzerland that gave the seemingly far-away Dutch urgent cause to close for a while their water intakes from the River Rhine. How many people in either country would have readily seen the Swiss and the Dutch as water neighbours, one able to do serious harm to the other without at all intending to do so? It is one of the awkward features of river pollution that the damage often happens some way from its cause or source, but still has to be remedied there and downstream.
 
This book on water pollution and water quality law shows that it is not only of interest or relevance for lawyers or other experts, but of concern to all sorts of rural and urban communities and their citizens. Wherever we depend on rivers for water for all sorts of purposes including water supply and waste disposal, as well as fishing and irrigation, we depend on upstream neighbours observing care and limits in any activity that can do harm to the river's health and quality as natural and man-made conditions generate their endless variations.
 
In our own technological age, it should be no surprise that across the world laws related to the sharing of rivers as common assets grow more complex. That reflects the many more different uses for which communities wish to use water, including the sheer pleasure and amenity it brings to them.
 
From this book we can glean much of the principles as well as the practical rules to be good sharers of water. This is a world-wide concern as well as a local one. It is crucial where rivers serve as national boundaries. The authors have generously donated their royalties to WaterAid, a charity founded in Britain which helps poor communities across the world to improve their own sharing of water and access to it. This is of real value in drawing attention to WaterAid's work.
 
I am very pleased to commend this book to what I hope will be a wide global readership.
 
David Kinnersley
More Details on the Shaw & Sons Website



The Conveyancers' Yearbook 2008
Edition: 2008
Format: Paperback
Author:
ISBN: 978 0721917603
Publishers: Shaw & Sons
Price: £25.40
Publication Date:
Publisher's Title Information
 

2001 saw a change of author for the Yearbook since the first Yearbook was conceived in 1997 and published in 1998 it had been written by Mrs Frances Silverman. She must be credited with having established this annual, taken it through its infancy, and handing it over in good health. The Yearbook has already made its mark and claims a place on the bookshelves of many surveyors, property professionals and law teachers, as well as conveyancers.

Russell Hewitson is the new author, the Yearbook has passed into safe hands


The aim of this book is to provide the busy property practitioner with an up-to-date
and accessible ready reference guide to the most important changes in the law and practice
of conveyancing (including the broader field of landlord and tenant) which have occurred
during the twelve months preceding publication.
 
The book describes recent, 'cases of relevance, giving a summary of the facts of each
case, the decision of the court and comments on the practical implications of the decision.
Further sections cover statutes and statutory instruments; other new developments;
books and articles published; and a summary of changes which are expected to occur
in the law and practice of conveyancing during the following year. New sections
dedicated to the Energy Performance of Buildings, HIPs, the Finance Act 2007 and the
Pre-Budget Report 2007complete this important new edition.
 

From the Author's Preface
 
The purpose of this book is to provide conveyancers across all branches of the legal profession and other professionals involved in the property world with a summary of the main changes which have happened over the past year. The book is not intended to be comprehensive and is not a substitute for a textbook, nor for more detailed reading. It merely aims to provide a quick-reference guide to the main and most important changes in conveyancing over that period. As such, it contains a summary of the most important court decisions, ranging over a broad field of conveyancing and landlord and tenant law. The choice of cases is necessarily subjective but it is hoped that those included in the text will be both useful and of interest to the reader.
 
The past year has seen the introduction of Home Information Packs on which this year's book includes a dedicated section. There is also a section covering the new energy performance requirements.
 
The remaining sections of the book give a resume of changes in the areas of statute law, other recent developments, a look at what the future holds; and a reference section at the end of the book which contains a list of new publications, recently published articles and the addresses of some useful websites. Websites are notorious for changing their addresses without notice, but the addresses given were correct at the date of publication.
 
The law is stated as at 1 March 2008, though I have been able, with the publisher's indulgence, to incorporate one or two subsequent changes.
 
Russell Hewitson

More Details on the Shaw & Sons Website

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Companion Guide To life Sentences

Edition: 2nd 2008

Author: Nigel Stone - Revised by Neil Stone

ISBN: 978 0721916224

Publishers: Shaw & Sons Ltd

Price: £16

Publication Date: 2008

Publisher's Title Information


The first edition of this book was welcomed by probation and prison personnel as an accessible guide to this complex area of the criminal justice system.

The first and only practitioner's text dedicated to this topic, the guide offers a comprehensive account of life sentencing from pre-sentence to release on licence, covering mandatory life for murder, HMP sentences for juvenile murderers, the principles governing discretionary life sentences, lifer `career' planning, the `life system', the psychological experience of indeterminate loss of liberty, the process of review and the role of the Parole Board, life licence demands and recall.

Now completely revised and updated to a second edition, the text explores the extensive effects of the new rules for offenders convicted of murder which have been implemented by the Criminal Justice Act 2003 (including minimum terms, indeterminate sentences for public protection and release on temporary licence), the consequences of the introduction of the National Offender Management Service and the new measures in place to consider the perspective of the victim throughout the sentencing process. The book continues to be supplemented by illustrative case examples, revealing the experience for lifers and those who work with them.

This text will prove an invaluable work for all criminal justice practitioners, lawyers and other professionals who need an accessible but comprehensive sourcebook on the subject, as well as lifers themselves.


Contents

Introduction Pre-Sentence Phase Sentencing to Life Lifers in the Prison System The Impact of Life Imprisonment Release on Temporary Licence Reviewing the Life Sentence Life Licence and Recall The Victim Perspective and Probation Practice Mentally Disordered Lifers Case Illustrations Parole Board Rules 2004 Advice Services for Lifers IPP and Life Sentence Forms References


Reviews to date

"This invaluableaid provides the thorough foundation of law and procedure relating to life sentences which is essential for effective practice and professional credibility"

Probation Journal (Re First Edition)


The Author

Nigel Stone, a former probation officer, is a senior lecturer in the School of Social Work, University of East Anglia, an associate lecturer in probation law with De Montfort University and a member of the Parole Board.

Neil Stone (no relation) is a former Team Manager for Cardiff Crown and Magistrates' Courts and is now Area Manager for South Wales Probation Area. He has also worked in the forensic mental health arena, in the prison service and as a lecturer in Social Work.

More Details on the Shaw & Sons Website

Modernising Probation and Criminal Justice: Getting the Measure of Cultural Change

Edition: paperback

Author: Philip Whitehead

ISBN: 9780721917306

Publishers: Shaw & Sons Limited

Price: £17.50

Publication Date: 2007

Publisher’s Title Information


Following on from his well-received The History of Probation: Politics, Power and Cultural Change 1876–2005, written with Roger Statham, Philip Whitehead’s latest book takes the discussion of the development of probation forwards and to greater depths. It looks at bureaucratic developments and implications for practitioners, and takes a philosophical journey that leads to the exploration of modernisation and cultural change in the probation service.

In fact, the central theme of modernisation gives rise to pertinent discussions centred around targets and risk, the need to understand rather than manage offenders, and the preoccupation with numbers in what is a people-based organisation. Accordingly, the book addresses those significant developments, notably since 1997, that help to explain what probation work has become in the centenary year of 2007.

The book contains innovative research based upon interviews with a number of solicitors in which they related their experiences of probation work within a changing culture.

Finally, arguments are advanced to clarify the essence of the probation ideal: to be a social work organisation rather than a computerised bureaucracy; to have objectives rather than targets; and the central role of probation to be in the provision of information to the courts.

This book will make stimulating reading for those who work within probation, as well as the wider criminal justice system, and the academic community; in fact, anyone who wants a better understanding of this modernised and culturally transformed service.

More Details on the Shaw & Sons Website

The Expert Witness: A Practical Guide 3rd Edition

Edition: 3rd 2007

Author: Catherine Bond, Mark Solon, Penny Harper & Gill Davies

ISBN: 9780721914428

Publishers: Shaw & Sons

Price: £29.50

Publication Date: 2007

Publisher’s Title Information


Expert advice and evidence can be crucial to the outcome of many civil disputes. Specialist opinion about technical or scientific matters is used to aid comprehension of the finer details and interpretation of the facts, whether in the early stages at experts’ meetings or in court itself.

Many consultants operating as experts have no experience or formal training in legal procedure, thus are unprepared for the rigours of cross-examination in court, or lack the knowledge as to exactly what their role entails. A poor presentation may leave the expert open to being discredited by examining counsel or, worse, by the field in which they have gained their technical expertise. Fortunately, the skills required to produce a well-written expert’s report and to perform competently in the witness box can be taught; this book exists for that purpose.

This third edition addresses important developments and changes, relevant to the practice of expert witnesses, including the requirement for experts to attend meetings, recent cases and their effect on expert practice, the impact of the new Criminal Procedure Rules, and the debate as to whether experts should be immune from further action regarding the evidence they give in court.


Review

I am pleased to review this book, as I am a practicing expert witness for the courts in the UK. The book covers essential information as well as a number of areas of interest to expert witnesses.  It is what the title asserts "A Practical Guide".

The authors are all solicitors involved in the design, development and delivery of training for expert witnesses.  Bond Solon is a leading provider of training for expert witnesses and many thousands of experts have taken the programmes offered by Bond Solon and attended the annual expert witness conferences.  The guide came about as a result of requests made by those trained by Bond Solon.  It is a guide to how the legal system works and the expert’s part within it. The first and second editions proved very popular and the third edition has been updated to reflect on what has happened since the Civil Procedure Rules came into force.  Law and procedure change and it is important for experts to know how these changes affect the way the expert witnesses carry out their role.

Chapter 1 is entitled "Expert Evidence in Context" and describes the English Legal System in three parts, the adversarial system, the reform of the role of experts in the civil, criminal, and family courts, the legal profession - who’s who, which describes the members of the legal profession and what they do and their responsibility. This includes, those practicing as solicitors, barristers, about conferences, and the work of a QC, the training of solicitors and barristers, about legal executives and paralegals, the Crown Prosecution Service (CPS) and the role of Judges.  Chapter one continues by giving information on the criminal courts. This includes the court structure dealing with the role of Magistrates Courts’, the Crown Court, High Court, Court of Appeal and the House of Lords.  It covers those who sit therein, and the correct form of address to the members of these courts. The chapter continues to give information on, the Criminal Court system such as the parties to the proceedings, the burden and standard of proof, how criminal cases start, evidence in criminal trials, witnesses of fact, expert witnesses, professional witnesses, and procedure of a criminal trial.

The Civil Court system is then described in a similar manner giving, the court structure, the tracking system, parties to the proceedings, the burden and standard of proof,  how civil cases start,  pre-action disclosure and inspection,  issue of proceedings,  statements of case,  case management by the court,  exchange of evidence, settlement,  the later stages of an action,  procedure of a civil trial,  evidence in a civil trial,  witnesses of fact, expert witnesses,   professional witnesses, and  witness attendance.

Chapter 2 concerns itself primarily with the role of the expert, while chapter 3 is concerned with the writing of reports following the assessment of clients or situations. Chapter 4 seeks to explain how expert witnesses deal with meetings held frequently between themselves and the legal profession or with other experts. Chapter 6 is concerned with payment of the expert’s fees.

In the section dealing with the role of the expert it is important to highlight such statements as:

"Experts are individuals with qualifications and experience which enable them to give opinions on the facts, issues, in or likely value of, cases within their specialised field. When providing evidence for the court, they are independent of the case although they may be instructed and paid by only one of the parties. Their role is to help the parties, the lawyers, and particularly the court to understand technical matters in the case."

The objective of the expert witness is to help the court in resolving disputes. This may mean providing written reports for one party, or in some cases, for both parties and the court when jointly instructed. The book stresses the opinion of Lord Woolf who has said: "The overall reliance on partisan one-sided expert evidence is a significant factor in the delays and rising costs of much litigation and could, on occasion hinder or delay a settlement". Hence Lord Woolf makes it abundantly clear that the expert must not be viewed as "a hired gun".

At the end of the book is a glossary of terms related to the legal profession and the courts and hence useful in describing the role of each member and each situation. It is an easily readable book packed with a considerable number of facts, information and  protocols, despite the smallness of the book. It is likely to be of great value not only to expert witnesses, but to anyone working within, or wishing to know about, the British court system which includes family courts, criminal courts and civil courts. This is a book which is highly recommended to those wishing to become an expert witness or indeed to those who find themselves a part of any court procedure

L F Lowenstein

More Details on the Shaw & Sons Website


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