Ross Cranston - Böcker

Among members of the legal profession and judiciary throughout the world, there is a genuine concern with establishing and maintaining high ethical standards. It is not difficult to understand why this should be so. Nor is it difficult to see the professional standards are not completely divorced from ordinary morality. Indeed, legal ethics and professional responsibility are more than a set of rules of good conduct; they are also a commitment to honesty, integrity, and service in the practice of law. In order to ensure that the standards established are the right ones, it is necessary first of all to examine important philosophical and policy issues, such as the need to reconsider the boundaries between, on the one hand, a lawyer's obligation to a client and, on the other, the public interest. It is also to be appreciated that conflicts of interest are pervasive and that all too often they are so common that they are not recognized as such. Yet rarely is public policy clearly cut.The underlying themes of this book are: BL that the move to more definite rules is not only inevitable but also desirableBL that existing codes of professional practice cannot simply be treated as a system of specific rulesBL that the current set of ethical rules is contestable and requires further refinement, perhaps even radical surgeryBL and that legal ethics must be conceived in the more general area of professional responsibilityThe wider ethical issues of the operation of the legal profession as a whole are now firmly on the agenda. Both law schools and law professionals have a role to play in developing acceptable standards in this area and it is therefore appropriate that the essays in this volume are written by a distinguished group of law teachers and practitioners together with senior members of the judiciary.The book opens with an overview chapter, followed by three chapters analysing the ethical rules pertaining to the judiciary, the Bar, and solicitors, written by, respectively, the Master of the Rolls, Anthony Thornton, and Alison Crawley and Christopher Bramall. The following three chapters look at the specific issues of confidentiality (Michael Brindle and Guy Dehn) and the particular ethical problems in the family and criminal law jurisdictions (Sir Alan Ward and Professor Andrew Ashworth respectively). Chapter 8, by Sir Alan Paterson, discusses the teaching of legal ethics, whilst Chapters 9 and 10, by Marc Galanter, Thomas Palay, and Cyril Glasser put the subject in its wider social and professional context. The book finishes with a chapter which examines what lawyers may learn from looking at the study of medical ethics.

This is a collection of essays written in honour of Roy Goode, the Norton Rose Professor of English Law at Oxford, and highly esteemed commercial law scholar. The essayists are themselves a distinguished international group of the world's most distinguished commercial lawyers. The topics covered include international contracts and sales, credit and security, and commercial arbitration. This is a truly international collection which will be of great interest to scholars of commercial law world-wide, and to practitioners working in the areas of finance and international banking.

This collection of essays by leading commentators on civil justice is an attempt to assess the present state of civil procedure in the UK and the possible impact of proposals recently put forward by Lord Woolf. In addition, the essays deal with the fundamental problems that are encountered today in the administration of civil justice everywhere. The contributors are distinguished practitioners and academics who have extensively contributed to the subject in the past.

This collection of essays by leading commentators on civil justice is an attempt to assess the present state of civil procedure in the UK and the possible impact of proposals recently put forward by Lord Woolf. In addition, the essays deal with the fundamental problems that are encountered today in the administration of civil justice everywhere. The contributors are distinguished practitioners and academics who have extensively contributed to the subject in the past.

What do judges actually do? What is the everyday reality of judging in civil matters? What falls under the rubric of judging? Written by a legal academic and former judge, this book offers a cogent and accessible account of what it means to be a judge in senior courts and those dealing with smaller claims.Drawing on judicial experiences and the social sciences, Judging is split into two parts. Part I examines the three fundamental values of judging - independence, impartiality, and integrity - and draws out the implications of these for everyday judging. It covers judicial guidance and codes of practice, structural protections for judges, and the behavioural rules for judges both in and away from court.Part II of the book turns to the legal and policy framework for judging, judgecraft, and judicial decision-making. This includes judicial appointments, work conditions, fact finding, litigants in person, ex tempore decisions, and the influences on decisions. Comprehensive and unique, the book demonstrates that the complex work of a judge extends beyond decision-making to matters such as managing cases, other judges, and judicial systems.

What do judges actually do? What is the everyday reality of judging in civil matters? What falls under the rubric of judging? Written by a legal academic and former judge, this book offers a cogent and accessible account of what it means to be a judge in senior courts and those dealing with smaller claims.Drawing on judicial experiences and the social sciences, Judging is split into two parts. Part I examines the three fundamental values of judging - independence, impartiality, and integrity - and draws out the implications of these for everyday judging. It covers judicial guidance and codes of practice, structural protections for judges, and the behavioural rules for judges both in and away from court.Part II of the book turns to the legal and policy framework for judging, judgecraft, and judicial decision-making. This includes judicial appointments, work conditions, fact finding, litigants in person, ex tempore decisions, and the influences on decisions. Comprehensive and unique, the book demonstrates that the complex work of a judge extends beyond decision-making to matters such as managing cases, other judges, and judicial systems.

Written by a leading figure in the field, this third edition of the Principles of Banking Law provides an authoritative account of the subject, incorporating all significant changes in banking law, regulation and practice that have occurred since the publication of the second edition in 2002. The book looks at international banking and financial services law, with in-depth expert coverage of global bank regulation, global payment systems, international bond instuments, and foreign exchange systems.

Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary.The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. Taking the definition of procedure at its widest, the book discusses Lord Woolf's Inquiry, and demonstrates how procedural reform can maximize a fundamental value like access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law.Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law's context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what the courts do, civil procedure, and the ethics of lawyer's conduct, all in relation to the broader context of access to justice.This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, and commercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development.This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system.

Making Commercial Law Through Practice 1830-1970 adds a new dimension to the history of Britain's commerce, trade manufacturing and financial services, by showing how they have operated in law over the last one hundred and forty years. In the main law and lawyers were not the driving force; regulation was largely absent; and judges tended to accommodate commercial needs, so that market actors were able to shape the law through their practices. Using legal and historical scholarship, the author draws on archival sources previously unexploited for the study of commercial practice and the law's role in it. This book will stimulate parallel research in other subject areas of law. Modern commercial lawyers will learn a great deal about the current law from the story of its evolution, and economic and business historians will see how the world of commerce and trade operated in a legal context.

Making Commercial Law Through Practice 1830-1970 adds a new dimension to the history of Britain's commerce, trade manufacturing and financial services, by showing how they have operated in law over the last one hundred and forty years. In the main law and lawyers were not the driving force; regulation was largely absent; and judges tended to accommodate commercial needs, so that market actors were able to shape the law through their practices. Using legal and historical scholarship, the author draws on archival sources previously unexploited for the study of commercial practice and the law's role in it. This book will stimulate parallel research in other subject areas of law. Modern commercial lawyers will learn a great deal about the current law from the story of its evolution, and economic and business historians will see how the world of commerce and trade operated in a legal context.

On August 29–30 2014 the Marianne and Marcus Wallenberg Foundation in co-operation with the Stockholm Centre for Commercial Law arranged an International legal symposium under the heading “Functional or dysfunctional – the law as a cure? Risks and liability in the financial markets”. The symposium was held in honor of the 50th anniversary of the Marianne and Marcus Wallenberg Foundation.

The topic of the symposium mirrors a particular interest of the activities of the SCCL covering regulatory as well as liability questions thus dealing with legal subjects which have also relevance to the Foundation. After World War II financial markets have gradually undergone huge differences depending on new financial devices, new financial markets and new financial actors evolving together with changes in regulation and supervision. These are circumstances which have together created new frames for the financial industry.

Table of contents: - Extraterritorial Financial Regulation: Why E.T. Can’t Come Home by John C. Coffee, Jr. - Generally on Risks and Liability – Directors’ Liability Under the Law and Regulation in Australia by Rowan Russell - South African Company Law – Directors’ Duty of Care and Skill and the Introduction of the Business Judgment Rule: Answering the Critics by Angela Itzikowitz - International legal risk for banks and corporates by Philip R Wood - Macro-prudential regulation from an English and European Perspective – The Legal and Institutional Dimension by Kern Alexander - Comment on the session on the risks and liabilities of financial markets by Jesper Lau Hansen - Handling Risks in Financial Markets Regulation: EMIR and the problem with CCPs being Too Big to Fail by Erica Johansson - Responsibility of Banks and Their Directors, Including Liability and Enforcement by Klaus J. Hopt - Is there a role for culture and ethics in financial regulation? By William Blair - Tort Law to the Rescue? By Michael D. Green & Brandon Jones - The (non)-liability of banks under English law by Ross Cranston - Implementing liability on the basis of model case procedures – the example of the German Capital Markets Model Case Act (“KapMuG”) by Brigitte Haar - Tort cases in Iceland after the bank crash in 2008 by Eiríkur Jónsson