Residential Construction Law


Book Description

This is the first book to offer a systematic and analytical overview of the legal framework for residential construction. In doing so, the book addresses two fundamental questions: Prevention: What assurances can the law give buyers (and later owners and occupiers) of homes that construction work – from building of a complete home to adding an extension or replacing a shower unit – will comply with minimum standards of design, safety and build quality? Cure: What forms of redress - from whom, and by what route - can residents expect, when, often long after completion of construction, they discover defects? The resulting problems pose some big and difficult questions of principle and policy about standards, rights and remedies, which in turn concern justice more generally. This book addresses these key issues in a comparative context across the United Kingdom, Ireland, Australia and New Zealand. It is an accessible guide to the existing law for residents and construction professionals (and their legal advisers), but also charts a course to further, meaningful reforms of the legal landscape for residential construction around the world. The book's two co-authors, Philip Britton and Matthew Bell, have taught in the field in the UK, Australia and New Zealand; both have been active in legal practice, as have the book's two specialist contributors, Deirdre Ní Fhloinn and Kim Vernau.




Starting a Practice


Book Description

Running your own practice can bring immense job satisfaction, but it is not without its risks. Do you have all the information at hand to set up confidently on your own? Comprehensive, accessible and easy to use, Starting a Practice helps architects navigate the pitfalls associated with establishing a successful business. This fully updated 3rd edition is mapped to the RIBA Plan of Work 2020 and approaches starting a business as if it were a design project, complete with briefing, sketching layouts and delivery. It features new material on professionalism and ethics, sustainable development and achieving a net-zero carbon emission built environment. Invaluable for Part 3 students, early practitioners and those considering setting up from scratch or wanting to consolidate an existing business, Starting a Practice gives architects the tools they need to thrive when setting out alone. Features essential guidance on: Preparing a business plan Choosing the right company structure Setting aspirations Monitoring finances Getting noticed Securing work Retaining and developing staff Planning for disaster.




The UK and EMEA Corporate Counsel Handbook


Book Description

A unique and invaluable aid to corporate counsel, and other legal advisors, to guide corporate response and decision making, presented with ease of accessibility and a practical, pragmatic focus. It is a first port of call for those charged with advising their key business leaders on difficult and disputed legal issues that engage and tax the board room. It presents the legal considerations implicit in the business functional areas common to commercial practice, be it sales, productions, marketing, human resources, finance and accounting etc, and additionally explores some of the following topics that are typically top of corporate counsel agenda: - Commercial Contracting, with particular emphasis on the risks of Agency and Distribution arrangements in EMEA - Regulatory and Legal Compliance considerations across EMEA - Product compliance - Advertising and Promotion within EMEA - Geo-Political Legal Considerations It also includes helpful chapters on the topics of Company Secretariat obligations, geopolitical legal considerations in EMEA and the emerging field of Islamic commercial and legal interface with local law.




Turpin and Tomkins' British Government and the Constitution


Book Description

A lot has happened to the UK Constitution in the last seven years. We've witnessed the UK's exit from the EU, further devolution to Scotland and Wales, a number of prominent cases by the Supreme Court, two early parliamentary general elections, major governmental defeats and two Prime Ministerial resignations. Alison Young has built on the text of Colin Turpin and Adam Tomkins' earlier edition, keeping their unique historical and contextual approach, whilst bringing the material up to date with more contemporary examples, including references to Brexit, the recent prorogation and Brexit case law, and the Covid-19 pandemic. The book continues to include substantial extracts from parliamentary and other political sources as well as from legislation and case law. It also provides a full yet accessible account of the British constitution at the culmination of a series of dramatic events, on the threshold of possible further constitutional reform.




Thomson's Delictual Liability


Book Description

Thomson's Delictual Liability is the leading text on this complex area of law providing both students and practitioners with an indispensable guide to the Scots law of delict. Gordon Cameron LL.B. (Hons); M.Sc. has skilfully updated the sixth edition of this text throughout, taking account of the Defamation and Malicious Publication (Scotland) Act 2021 and major revisions in the areas of: - Negligence - Privacy - Public authorities - Nuisance - Vicarious liability - Defamation Introduction Part I Intentional Delicts 1 Intentional wrongs in respect of persons and property 2 The economic wrongs and fraud Part II Unintentional Delict – General Principles of Liability 3 The duty of care 4 Duty of care as a threshold device 5 Breach of a duty of care 6 Causation and related issues Part III Delictual Liability in Specific and Economic Contexts 7 Professional liability 8 Product liability 9 Delictual liability for animals 10 Delictual liability arising from ownership or occupation of property 11 Breach of statutory duty and public law issues 12 Employers' liability and vicarious liability 13 Delict and the family 14 Delict and road traffic 15 Defamation and Malicious Publication Part IV Damages 16 Damages




Product Liability


Book Description

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.




Casebook on Tort Law


Book Description

All the leading cases, illuminated by Horsey & Rackley's trademark clear and lively commentary.The essential companion for undergraduate tort law students, providing a comprehensive portable library of leading tort cases. Horsey & Rackley bring together a range of carefully edited extracts, combined with insightful commentary and annotated cases to help students identify and analyse the key elements.Key features:- The only text of its kind to provide a comprehensive collection of the leading tort law cases for undergraduates- Simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases- Cases are accompanied by succinct author commentary highlighting the key elements of each case- Annotated cases help students understand and analyse materialNew to this edition:The seventeenth edition has been thoroughly revised to reflect recent developments in the law, including Fearn and others v The Board of Trustees of the Tate Gallery [2023] UKSC 4 on private nuisance, Riley v Murray Court of Appeal [2022] EWCA Civ 1146 on defamation, and Paul v Royal Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 on psychiatric harm.




Joint Ventures and Shareholders' Agreements


Book Description

Baffled by joint venture and shareholder agreements? Guidance on the new PSC Register is just one of the things that small businesses need to understand. Helping you to identify the central issues involved in joint venture transactions, take effective instructions and draft good documentation using precedents, case studies and checklists. Now covers: Brexit 2020 and its impact on competition law, UK and EU; Changes to tax aspects arising from the latest Finance Acts; New case law such as - Guest Services Worldwide Ltd v. Shelmerdine [2020] EWCA Civ 85 (CA) (non-competition clauses in shareholders' agreements) and Global Corporate Limited v. Hale [2018] EWCA Civ 2618 (CA) (when payments to a director/shareholder were dividends) Key content includes: Preliminary considerations: A discussion of the nature of joint ventures and shareholders' agreements; Financing the venture; Tax and accounting considerations for UK corporate joint ventures; Regulatory matters; Employment and pension issues. Key issues in structuring and drafting UK corporate joint venture documentation and shareholders' agreements: Deadlock and minority protection; Voting rights and board representation; Restrictive covenants. Joint ventures and shareholders' agreements in practice: Articles of association; Transfers of assets; EU and UK Competition law including Brexit issues.




Civil Litigation


Book Description

Civil Litigation introduces students to the processes and procedures involved in making and defending civil litigation claims. The text is ideal for students taking the Legal Practice Course or relevant LLB or LLM modules and features case studies on both a personal injury matter and a commercial matter, making it suitable for students with either a high street or a commercial focus. Following the chronological progression of a civil litigation claim, the book offers practical guidance on advising clients whilst ensuring that the latest principles of the SRA Handbook and Code of Conduct are maintained. Students on CILEx courses, new trainees in practice, and paralegals will find this practical guidance of use in both their study and their work. Innovative diagrams at the beginning of chapters clearly illustrate the litigation procedure and help students understand the nature of the process as a whole. Examples provide students with a realistic context for their learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience--12 months' access to this title on Law Trove will be available from 22 July 2021. Access must be redeemed by 30 June 2022. - The online resources include: case study documentation to support the fictional scenarios referred to in the book; additional chapters covering injunctions, a practical guide to court hearings, instructions to counsel and enforcements of judgment; annotated forms; appendix (links to key Court forms); litigation train timeline to help students put the litigation process in context; podcasts; weblinks; additional case study materials for lecturers, including suggested answers to case study questions; video clips; and a test bank of over 50 multiple choice questions.




Recommendations on the Transport of Dangerous Goods


Book Description

The Manual of Tests and Criteria contains criteria, test methods and procedures to be used for classification of dangerous goods according to the provisions of Parts 2 and 3 of the United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations, as well as of chemicals presenting physical hazards according to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). As a consequence, it supplements also national or international regulations which are derived from the United Nations Recommendations on the Transport of Dangerous Goods or the GHS. At its ninth session (7 December 2018), the Committee adopted a set of amendments to the sixth revised edition of the Manual as amended by Amendment 1. This seventh revised edition takes account of these amendments. In addition, noting that the work to facilitate the use of the Manual in the context of the GHS had been completed, the Committee considered that the reference to the "Recommendations on the Transport of Dangerous Goods" in the title of the Manual was no longer appropriate, and decided that from now on, the Manual should be entitled "Manual of Tests and Criteria".