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.




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.




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.




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.




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".




The Product Safety and Metrology Etc. (Amendment Etc. ) (EU Exit) Regulations 2019


Book Description

Enabling power: European Union (Withdrawal) Act 2018, s. 8 (1), sch. 7, para. 21. Issued: 14.12.2018. Sifted: -. Made: -. Laid: -. Coming into force: In accord. with reg. 1. Effect: 1973 c. 43; 1985 c. 72; 1987 c. 43; S.I. 1977/932; 1988/186, 2039; 1998/2307; 2001/1701; 2005/1803, 3117; 2006/659; 2008/1597; 2009/2824, 3155; 2011/1881; 2014/1638; 2015/356, 398, 1553; 2016/1091, 1092, 1093, 1101, 1105, 1107, 1152, 1153; 2017/737, 1206; S.R. 2013/48; 2016/366; 2017/90 amended. Territorial extent & classification: E/W/S/NI. For approval by resolution of each House of Parliament. EC note: These Regulations are made in order to address failures of retained EU law. These Regulations make amendments to legislation in the field of product safety and metrology. Part 2 amends primary legislation, Part 3 amends subordinate legislation, Part 4 amends subordinate legislation applying to Northern Ireland, Part 5 amends retained direct EU legislation and Part 6 makes revocations







Life Cycle Assessment


Book Description




Galbraith's Construction and Land Management Law for Students


Book Description

Ideal for students taking law modules on construction, surveying, real estate, planning and civil engineering courses, Galbraith’s Construction and Land Management Law for Students is an excellent overview of the key legal issues in the built environment. Clearly written and with wide ranging coverage of key legal principles, this textbook highlights the need for students on built environment related courses to access information on how the law relates to their profession, without getting into the heavy detail of the full-scale legal texts. Chapters provide the background to the English legal system before covering key topics such as contract law, tort, health and safety, land law, planning, landlord and tenant, dispute resolution and employment law. All chapters in this seventh edition have been updated with new case law along with statutory and regulatory changes. The improvements include: A new chapter on environmental law An explanation of the new UK/EU relationship following Brexit Details of current JCT 2016 and NEC4 construction contracts Changes to landlords’ requirements on letting property The Consumer Rights Act 2015 The Localism Act 2011 The Construction (Design and Management) Regulations 2015