Andrew Higgins - Böcker

First ever critical study of Tolkien’s little-known essay, which reveals how language invention shaped the creation of Middle-earth and beyond, to George R R Martin’s Game of Thrones. J.R.R. Tolkien’s linguistic invention was a fundamental part of his artistic output, to the extent that later on in life he attributed the existence of his mythology to the desire to give his languages a home and peoples to speak them. As Tolkien puts it in ‘A Secret Vice’, ‘the making of language and mythology are related functions’.In the 1930s, Tolkien composed and delivered two lectures, in which he explored these two key elements of his sub-creative methodology. The second of these, the seminal Andrew Lang Lecture for 1938–9, ‘On Fairy-Stories’, which he delivered at the University of St Andrews in Scotland, is well known. But many years before, in 1931, Tolkien gave a talk to a literary society entitled ‘A Hobby for the Home’, where he unveiled for the first time to a listening public the art that he had both himself encountered and been involved with since his earliest childhood: ‘the construction of imaginary languages in full or outline for amusement’.This talk would be edited by Christopher Tolkien for inclusion as ‘A Secret Vice’ in The Monsters and the Critics and Other Essays and serves as the principal exposition of Tolkien’s art of inventing languages. This new critical edition, which includes previously unpublished notes and drafts by Tolkien connected with the essay, including his ‘Essay on Phonetic Symbolism’, goes some way towards re-opening the debate on the importance of linguistic invention in Tolkien’s mythology and the role of imaginary languages in fantasy literature.

A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of:- The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.

This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today.An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that heralded the introduction of the Civil Procedure Rules, and Lord Justice Jackson's Review of Civil Litigation Costs. His work has also informed law reform bodies and courts in other jurisdictions. Building upon Professor Zuckerman's work, the contributors address outstanding problems in the field of civil procedure and evidence, and in keeping with Adrian's record of always exploring new areas, the book includes chapters on the prospects for a digital justice system, including the new online court being developed in England and the potential role of algorithms in the court room.

Civil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience.The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid.With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.

Legal professional privilege (LPP) is the protection given to confidential communications between lawyers and their clients in connection with legal advice or litigation and related preparatory materials. Legal Professional Privilege in the Common Law World provides a comprehensive account of LPP-also known as attorney client privilege-in six major common law jurisdictions: England, Australia, Canada, Singapore, Hong Kong, and the United States. Adopting an avowedly comparative approach, the book reflects both the universal importance given to LPP and the extensive challenges faced by common law jurisdictions in developing and applying a privilege that can, at times, be seen to impede effective law enforcement and the administration of justice. Authors Andrew Higgins, Jocelyn Plant, and John Yap aim to provide judges, practitioners, and academics alike with the key case law from each jurisdiction, as well as a practical set of principles to assist them to navigate the surprisingly large number of areas where the law of privilege remains uncertain. Given these grey areas, the book also illustrates how interjurisdictional dialogue features prominently in recent developments in LPP.Developing from the first edition, Legal Professional Privilege for Corporations, this volume maintains a strong focus on corporate privilege, reflecting the sheer number of disputes involving corporate clients and control over the corporation's privilege material. At the same time, it engages fully with the law as it applies to all clients. Topics given particular attention in this second edition include: shareholder access to the company's privileged material; the scope and operation of waiver; the status of privileged material that has escaped the client's control; choice of law issues in the law of privilege; and the crime-fraud or iniquity exception. The second edition has been updated to add Singapore and Hong Kong as common law jurisdictions under analysis.