Rachael Mulheron - Böcker

As torts and as crimes, champerty and maintenance were abolished by statute in England and Wales in 1967. They were considered to be obsolete and the product of a bygone age, when abuses of the court system as practised by rich and powerful noblemen required a robust legal response. A modern, sophisticated, and independent judiciary rendered it unnecessary either to punish or to compensate for champerty or maintenance any longer. However, post-1967, their impact was retained via a 'reservation provision', which ensures that any contract tainted by champerty or maintenance 'is to be treated as contrary to public policy or otherwise illegal.' Fast forward five decades to the present day, and whilst maintenance has arguably reached its use-by date in English law, the same cannot be said of its more aggressive cousin. Champerty, as a doctrine, retains considerable modern impact in this jurisdiction, stalking the modern funding and civil procedure landscape. It continues to have greatest impact in two areas: the funding of litigation, and the assignments of causes of action. The Modern Doctrines of Champerty and Maintenance looks comparatively at jurisdictions' attitudes towards champerty and maintenance, together with an analysis of law reform studies in the area, both in England and elsewhere.

Smith on the Law of Assignment is the leading text on the law relating to intangible property or choses in action. It's clear and approachable structure covers all forms of intangible property: debts, rights under contract, securities, intellectual property, leases, rights/causes of action, and equitable rights. The book considers the nature of intangible property, how it comes into being, how it is transferred or assigned, the consequences of transfer, and the remedies of the dispossessed owner. The book's approach is both analytical and practical. The first part of the book analyses the general principles regarding intangibles and their transfer. The book then examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases and intellectual property under the law. The fourth edition includes new chapters on dealing in litigation rights, in particular through collective proceedings, and considers the different regimes governing such proceedings. Other significant developments include expanded content on securities and their modes of transfer, enabling the creation of markets. The work contains fresh analysis of the distinction between tangible and intangible property and articulates where the law of property begins and the law of obligations ends. The fourth edition has also been updated with new material examining the nature of cryptocurrencies.

Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called ’non-patient’ may take many forms”for example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional’s liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon ’Good Samaritan’ conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.

Presenting the law of tort as a body of principles, this authoritative textbook gives an incisive understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by diagrams and tables which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, whilst key reform proposals and leading cases from other jurisdictions illustrate different potential solutions to conundrums in tort law. Ten additional chapters on more advanced topics can be found online, completing the learning package. This new edition has been updated to take account of important cases, legislative developments and law reform studies since July 2015.

Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called ’non-patient’ may take many forms”for example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional’s liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon ’Good Samaritan’ conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.

It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine.The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts.Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future.This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.

Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts.The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.