Wildy, Simmonds and Hill Publishing – förlag

Sir Edward Marshall Hall KC saved more people from the hangman’s noose than any other known barrister. In an age of inadequate defence funding, minimal forensic evidence, a rigid moral code making little allowance for human passion and a reactionary judiciary, his only real weapons were his understanding of human psychology and the power of his personality.His charismatic oratory and film star profile made him an Edwardian celebrity. Jurors collapsed and judges wept at the overwhelming power of his performances. Thousands congregated to await the verdicts in the trials in which he appeared for the defence. Curtains were brought down in West End theatres to announce the acquittals he secured.His famous trials included the Camden Town murder, Seddon the Poisoner, the Brides in the Bath, the Green Bicycle Murder and the Murder at the Savoy. As a result of his oratory in these he was adulated as an entertainer, his performances greeted with the same relish as those by the great actors; but he was also loved as a champion of the underdog, who almost single-handedly introduced compassion in to the Edwardian legal system. No other barrister in any age can claim such celebrity, nor such public adoration and affection.Meticulously researched, Marshall Hall: A Law unto Himself is the first modern biography of a complex and influential man and, as a result of access to new material:•Sets the legendary barrister in his social, historical and political context.•Reveals the sensational private life of the man behind the public figure, the two turbulent marriages, and the mistresses.•Tells the full story of his first wife's death.•Examines his magnetic oratory and extraordinary fame from a modern perspective.

This walker’s guide to London’s unique Inns of Court gives just the right amount of information to encourage the visitor to look more closely at these ancient centres of tranquillity and charm.Several centuries ago the Inns of Court were any of a sizable number of buildings or precincts where barristers traditionally lodged, trained and carried on their profession. Over the centuries the number of active Inns of Court was reduced to the present four: Gray’s Inn, Lincoln's Inn, The Inner Temple and The Middle Temple. Lincoln's Inn is able to trace its official records to 1422. However, by tradition, none of the Inns claims to be the oldest of the four. The Inns are near the western boundary of the City of London; nearby are the Royal Courts of Justice. Each Inn is a substantial complex usually with a great hall, chapel or church, libraries, gardens, sets of chambers for many hundreds of barristers covering several acres. The layout is similar to that of an ‘Oxbridge‘ college. The ‘chambers’ were originally used as residences as well as business premises by many of the barristers, but today, with a small number of exceptions, they serve as offices only. The four inns are close to one another in central London. Middle Temple and Inner Temple are liberties of the City of London, which means they are within the historic boundaries of the City but are not subject to its jurisdiction. They operate as their own local authorities. These two inns neighbour each other and occupy the core of the Temple area. Gray's Inn and Lincoln's Inn are also near the boundary with the City of London. Tim Daniel’s popular guide to the Inns of Court, now approaching its fortieth year in print, offers an easy to use and portable reference aid. Tim’s lively writing style invites further investigation and gently encourages the reader to delve more deeply into the histories and occasional mysteries of these fascinating enclaves of legal learning.

Priscilla Coleman has been drawing court scenes for over 20 years. The pictures collected here mark many of the most important trials of that period. There is a widespread misunderstanding among those who see pictures on TV or in the newspapers that an artist can sketch as much as they like in court. As lawyers know, far from taking a palate and easel into the public gallery, any attempt at photography, drawings or visual representations is strictly verboten. Artists have to memorise in court the colours, shades, clothing, facial mannerisms and physical idiocyncracies then go out and draw a likeness from memory . . . against the clock.

On an August evening in 1928 May Donoghue entered a café in Paisley. The circumstances of her visit made legal history. A ginger beer was ordered for Mrs Donoghue who famously complained that, to her surprise and shock, a decomposed snail had tumbled from the bottle into her glass. Mrs Donoghue sued for the nervous shock she claimed to have suffered as a result. The question whether she had a case in law against the manufacturer of the ginger beer was argued as far as the House of Lords. It is hard to overstate the importance of the decision in Donoghue v Stevenson. It represents, perhaps, the greatest contribution made by English and Scottish lawyers to the development of the common law.This case made it clear that, even without a contract between the parties, a duty of care is owed by ‘A’ to take reasonable care to avoid acts or omissions which could reasonably be foreseen as likely to cause injury to his neighbour: ‘B’. This concept, developed by the great jurist Lord Atkin, has become known by the universal shorthand, ‘the neighbour principle’. Who, Lord Atkin asked rhetorically, is ‘in law’ my neighbour? This case provides the answer. This book tells the full story and provides vivid biographical sketches of the protagonists and of the great lawyers who were involved in the case. It sets the case in its historical context and re-evaluates the evidence. he constitutional importance of the case is also dealt with; the blow it struck for a moral approach to the law which departed from a rigid doctrine of precedent. Finally, the book investigates the influence of Donoghue v Stevenson across the common law world: from the USA to the countries of what is now the Commonwealth.

Based on the author’s popular Times Online column ‘Weird Cases’, this book draws on extraordinary cases from many countries, including the UK, USA, Canada, Brazil, Australia, New Zealand, Germany, Italy, Romania, and China. The result is a highly entertaining read for anyone who enjoys reading about the more bizarre aspects of human life that fetch up in the law courts at the beginning of the 21st century.Courts have seen judges do things like try to turn off a musical tie playing “We wish you a merry Christmas” while sentencing a defendant to prison, fall fast asleep in the middle of trials, flip a coin to decide a case, demand a foot massage from a clerk, and get sentenced for judicial racketeering. Courts have listened to the defences like that of a bogus dentist caught using DIY tools on his patients, a man who based his defence on being as hapless as Homer Simpson, and a woman who was running a brothel from an office in the criminal courts. Courts have seen a litigant sue for becoming pregnant by a stray sperm in a swimming pool, and a litigant suddenly strip naked before the judges. The cases featured in Weird Cases are those that truly stand out as odd, even among all the unusual dramas that challenge the courts. The chapters are: Compensation and Punishment, Love and Sex, Food, Drink, and Drugs, Judges, Death and Violence, Pets and Animals, On the Road, Lawyers, and Jurors, Friends, and Neighbours.

Is it possible to win your case before arriving at court? The author, a practising barrister for over thirty years, believes a highly focused approach to your written advocacy – correspondence, written negotiation, Part 36 offers and skeleton arguments, written opening notes for trial, closing submissions and costs submissions – will put you in the best possible position to do just that. The importance of oral advocacy in deciding cases is not in dispute, but increasingly judges form pre-trial opinions of the likely outcome from written material, notably the skeleton or opening note. The application, trial or appeal then becomes a process to measure the judge’s pre-formed view. The effective written closing submission will become part of the judgment. This book not only offers a practical and comprehensive guide to effective written advocacy, but provides worked examples drawn from real cases contributed from leading advocates such as Sue Carr QC, David Etherington QC, Lord Faulks QC, Andrew Hachhauser QC, Richard Lissack QC, Lord Pannick QC, and Lord Sumption.Of particular interest to both practitioners and students of litigation practice, the second edition offers 17 new examples together with a discussion on written advocacy in family and criminal cases. Invaluable to the practising lawyer, this book will also be compelling reading for anyone with an interest in using the legal process."Goodman has produced a first-class practical guide to modern written advocacy. The beauty of Goodman's new edition lies with the working examples from leading current advocates so we know what it is that the judges want. Effective Written Advocacy is an advocate's bible both invaluable and compelling...should be compulsory reading for all law students"Phillip Goodman, Richmond Green Chambers.

Forensic Fables appeared first in the Law Journal and then in book form between 1926 and 1932. They were published anonymously, but their authorship was quickly guessed. The literary style and the pictorial delineation were alike unmistakable. They were the work of Theo Mathew composed in his study on the ground floor at the back of 31 Cornwall Gardens. They show his wit in all its maturity Theo Mathew was born in 1866, the elder son of Lord Justice Mathew. Educated at the Oratory School and Trinity College, Oxford he was called to the bar in 189O and practiced in the South-Eastern Circuit and in London. He established a substantial common law practice and was frequently briefed in commercial cases. In later years he specialised increasingly in libel. He was the author of The Practice of the Commercial Court and for some years was Editor of Commercial Cases. Recorder of Margate from 1913 to 1927 and of Maidstone from 1927 to 1936, Theo Mathew was a Bencher of Lincoln’s Inn and was due to become Treasurer when he died in the summer of 1939. Throughout his life, in addition to his legal work, he found time to write articles literary and historical, mainly with a legal flavour. He was widely recognised as the wittiest member of the Bar, his style lighter than his father's and with a perfect spontaneity. He had a delightful sense of the ridiculous and had a merciless eye for the pretentious. Nor was his wit limited to legal subjects; he admitted once, very reluctantly, that he was responsible for the famous ‘Dr. Livingstone, I presume?’ story. Theo Mathew had a deep respect for the traditions of his profession and great affection for so many of those who practised it. This book is evidence of both.

Ivan Aleksandrovich Il’in (1883-1954) has become in post-Soviet Russia one of the most eminent legal philosophers of the twentieth century. This volume brings to an international readership for the first time what is perhaps the most impassioned and prescient work by a Russian jurist in support of the rule of law.Il’in has heretofore been accessible only to those who have a command of Russian, German, or, exceptionally French, and even then primarily in circles where Russian émigré literature circulated. Originally written and in galley proofs between 1916 and 1919, the final work on legal consciousness was not published until 1956 in Germany and only in the 1990s in Russia, where it has generated considerable impact. Il’in’s most original and influential contribution to legal theory, this long-awaited English translation will inform discussions of legal consciousness for decades to come.Il’in’s monograph is accompanied by one of his early and influential articles on concepts of law and power and by essays devoted to Il’in and the rule of law; the origin and transformations of the concept of legal consciousness, and the origins of Il’in’s treatise on legal consciousness, a glossary of key legal terms, and a bibliography of works by or devoted to Il’in.

‘Experience of all sorts at the Bar and on the Bench has led to the thought that a few timely words could avoid a lot of grief as well as perhaps bringing a smile or two from the pictures.’At the Bar Nick Chambers did a great variety of cases ranging from the miners' respiratory claims to the Kuwait Airways litigation. On the Bench his job was to manage and try cases as the Mercantile Judge for Wales and Chester and then for Wales as well as sitting in London in the Commercial Court and other jurisdictions. He was a member of the Civil Procedure Rule Committee at the time of the introduction of the Woolf reforms. He now practices as an arbitrator and mediator from Brick Court Chambers.The Chambers family's involvement with watercolours goes back to 1779 with an ancestor's sketches during the Siege of Gibraltar. Since then each generation has made its own contribution including scenes from Mumbai in the V&A and the first illustrations of the rules of rugby football done at the school in 1845. Illustrations and texts from Nick's book Missed Moments in Legal History hang in the Rolls Building. The pictures in Case Handling pay a further happy tribute to his past.This book, with its pithy advice and attractive illustrations, makes taking the serious medicine of case handling a pleasure both for the recently qualified and anyone else with an interest in making dispute resolution work.

This succinct, practical and up-to-date book is an introduction to the complex area of public rights of way. It is aimed at practitioners, lawyers and surveyors, who are not necessarily experts in this area of law, but who may have to deal with rights of way in conveyancing transactions, land management or planning matters. The book will also be useful for those landowners, farmers and those working for local authorities.For this reason, the book does not follow the conventional pattern of dividing the chapters into subject topics, but looks at the law from the angle of the landowner, the purchaser, the public users of the rights and the local authority. There will, of course, be some chapters which will be relevant to all parties.Sections 20 to 26 of, and Schedule 7 to, the Deregulation Act 2015 will introduce many changes to the recording of public rights of way. The provisions were originally expected to come into force in April 2016. Although the relevant regulations are still awaited, the book covers the prospective legislation.

‘A surprising gem’ Wisden Cricketers' Almanack'In summertime village cricket is the delight of everyone' the English judge Lord Denning famously wrote, in a case brought by someone who clearly disagreed with him. The case was just one example of how the game of cricket cannot always avoid the law. Neighbours or passers-by get hit by stray cricket balls, protesters interrupt matches, players get into fights, take drugs, and sue each other for libel.Court and Bowled examines a number of stories where cricket or cricketers gave rise to a legal dispute. Some involved the giants of the game such as Grace, Botham and Imran. Others involved village cricketers of more modest talents who were unable to keep the peace between themselves. Some cases were of critical importance to the game, such as Kerry Packer’s High Court action in the late 1970s. Others were rather more trivial, such as spectators indulging in lewd attention-seeking behaviour. All of the stories demonstrated something common to both cricket matches and court cases: behind the intrigue, entertainment and theatrics of both there are always real people and real human stories. The book is written in a clear, accessible style, free of legal technicalities. It has been updated for the paperback edition to include the tragic death of Phillip Hughes, the perjury trial of Chris Cairns and the ball-tampering incident involving Faf du Plessis.

The fourth edition of A Practitioner’s Guide to Probate and the Administration of Estates is a practical and comprehensive guide to all forms of non-contentious probate applications, completion of Inheritance Tax Accounts and the administration of estates. The book is packed with hints and tips and an accompanying CD-ROM contains a comprehensive set of precedent forms, enabling practitioners to adapt precedents for their own use. The authors provide careful explanations of every step in the procedure for winding up the estate of a deceased person, from taking initial instructions to the final distribution of the estate and closing the file. The book opens with advice on meeting the client and taking proper instructions; moving on to tracking down the assets and liabilities which comprise the estate; completing inheritance tax forms and obtaining any available reliefs and allowances; questions concerning wills and intestacies; applying to the probate registries; discretionary orders; obtaining grants of representation; collecting in the paying debts and liabilities; identifying the beneficiaries and paying the legacies; finalising the tax situation; and distributing the residue of the estate. This new edition has been completely revised with practice and procedure brought up-to-date,

How Judges Decide Cases is a unique and practical guide which looks at how cases are decided and judgments are written. It examines the style and language of judges expressing judicial opinion and considers the drive for rational justice. The book is founded upon independent research in the form of interviews conducted with judges at every level, from deputy district judges to justices of the Supreme Court, and the practical application of academic material more usually devoted to the structure and analysis of wider prose writing. This new edition has been revised to take into account modern scientific thinking on bias in decision-making and is generic to all areas of contentious law. Newly appointed recorders, deputy judges, tribunal chairman, lay magistrates and arbitrators as well as experienced practitioners will find it invaluable as a guide to the deconstruction of judgments for the purpose of appeal.

'A Victorian Tragedy', for the first time, describes how the landmark court case of Banks v Goodfellow (1870) came about, what happened to the protagonists and how an enlightened judgment provided a practical definition of testamentary capacity that has since been used throughout the common law world law. This fascinating story is set against the backdrop of the mid-Victorian world and how it affected the lives of those caught up in the case.Set in the Lake District, around Keswick, the central issue was the mental illness of the testator, John Banks, and how he coped with living in a world that often derided his paranoia – “From the appearance of the man anyone would take him for a person out of his mind” as a local clergyman put it. The lives of John’s relatives were scarred, and often ended early, by other illnesses common at that time, but these lives also interweave with 19th century issues of emigration, marriage reform and early mortality. Extensive use is made of original court papers and contemporary newspaper reports, both from the national and local press, to present the picture that was placed before the court of how John Banks was affected by his insane delusions. The conduct of the Assize court hearing is explained, together with how the court and jury dealt with the radically opposed evidence from either side.'A Victorian Tragedy; covers this case in detail not previously dealt with before and offers a different approach to re-evaluate an important case in the context of its time and the treatment of the insane in the 19th century. While the book will undoubtedly appeal to lawyers, the book’s portrayal of a mid-Victorian family and the treatment of the insane will also be of interest to the more general reader.

Keeping pace with planning law is no easy matter. The mass of primary and secondary legislation in this field, allied to local and national policy and guidance, make this the most intensively regulated area of the law. This comprehensive practitioner’s handbook covers the widest possible range of planning topics in a single volume and is written for planning practitioners in the private and public sectors. This book combines a readily accessible narrative with a substantial body of footnotes for those looking for more detail when it comes to case law and statutory materials.Planning Law: A Practitioner’s Handbook provides answers for the busy planning professional to a whole range of problems which commonly arise in the day-to-day practice of planning practitioners. Its advantage lies in the fact that it is a single up-to-date reference book covering a broad range of topics which might otherwise only be found in a number of specialist texts. It also contains sections on village greens, assets of community value, public rights of way, and gypsies and travellers, all of which impact on the realisation of land for planning purposes. The inclusion of these topics will be of particular value to practitioners in the public sector looking for up-to-date guidance in these fields.

Legal Research: A Practitioner’s Handbook provides practical advice on every aspect of effective legal research: problem analysis, selecting and finding the best sources; and presenting results effectively. This third edition has been thoroughly updated, taking into account the increasing popularity of commercial databases aimed at UK law practitioners; the overhaul of a number of government and other official sites (national and international); and significant changes to directions by UK courts relating to the conduct and presentation of legal research. New material on the use of social media in legal research, business information and making use of a law firm’s internal precedents has also been added.Part A covers problem identification and analysis, followed by advice on how to select the best sources and formats (paper or electronic) for research. Part B deals with the information most frequently sought by practitioners, listing sources with analytical comments and, for a selection of the most complex, ‘how to use’ instructions developed to a standard template. Jurisdictional coverage includes England, Wales, Scotland, Northern Ireland and the European Union, with the addition of information on key sources in European human rights and international law. Part C details sources on how to make the presentation of the results of legal research more effective. These three parts are supplemented by Part D, which describes in non-technical language how a practitioner might get the best value for money when buying information, whether print or online, from commercial law publishers. Extensive appendices provide indexes to abbreviations for Acts, journals and law reports; a glossary of technical terms used in legal research; a summary of the practice directions, statements and decisions of the UK courts relating to legal research; a table of guidance on how to devise more effective searches on the four most popular commercial databases; and a popular names index for legislation and cases relating to the UK and the EU

This is the second volume of this kind. The first, 'Addressing Vulnerability in Justice Systems', focussed on identifying vulnerability in international justice systems. This volume presents some of the challenges that exist in achieving sufficient access to justice for vulnerable people, primarily in criminal and family proceedings and provides international comparisons of best practice. This book, following on from The Advocate’s Gateway Conference in 2017, consists of a selection of papers from presentations at the conference. The primary focus is an international comparison of vulnerability in justice systems and issues surrounding access to justice for vulnerable witnesses and parties. The book presents the latest developments in a constantly developing area of law and provides details of the many different challenges which advocates, judges and vulnerable witnesses and victims encounter in justice systems. It also offers international comparisons of best practice.The discussions in 'Access to Justice for Vulnerable People' will provide academics and practitioners across a variety of disciplines an insight in to topics of central importance to the fairness and efficiency of court processes. Expert contributors offer an international perspective and research-informed practical advice for lawyers, researchers, judges and policy makers.

The Firearms Law Handbook covers all aspects of the law relating to the use of firearms in Britain. Those who enforce and apply the law will find it of invaluable assistance in their work. The reader who handles and sells guns, both commercially or for sport, will find everything they need to know here. Although the subjects covered can be complex, the book is written in an approachable style to be understood by all of those with an interest in the subject. The classification of firearms is covered in detail, as are the many different circumstances in which authority to possess firearms and ammunition can, and should, be granted. This book will be useful for individuals; those who run shooting clubs and clay grounds; collectors; registered firearms dealers, lawyers and those who require the authority of the Secretary of State to possess prohibited weapons. The rules governing shooting by young persons are considered, together with the various exemptions available where a certificate is not required. Since the seventh edition of this work in 2011 there have been significant changes to firearms legislation which are covered in full, including key changes in the Policing and Crime Act 2017 including new definitions of ‘firearm’; ‘component part’; ‘deactivated weapon’ and ‘antique firearm’.The book covers all decisions of the higher courts regarding this area since 2011 and deals with the likely effects of the UK leaving the European Union. Police policy on the licensing of firearms is covered in addition to the process of application and appeal to the Crown Court.

This new edition of 'Wills: A Practical Guide' explains what is involved in making a will, with particular reference to avoiding those issues which often given rise to litigation. The book contains a concise description of the content of a will and the mechanics of signing and witnessing and is written by two experienced practitioners in a clear and user-friendly style.It provides a guide to not only what can be disposed of by will but to property which is subject to its own rules. Information is provided on the formalities for making a will, including the testator’s capacity and related issues, particularly those involving the elderly, which may affect the validity of the will. The appointment of executors, trustees and guardians is considered along with the dispositive provisions typically contained in a will, including the use of trusts, creation of residences, gifts to children and so on. There are also sections on less common aspects of will-making but which often cause problems for practitioners including gifts for the benefit of pets, gifts to employees, gifts of business interests, mutual (as distinguished from mirror) wills, testamentary options, burial and other requests and dealing with property overseas. These matters are dealt with in the context of how a contentious will is now interpreted by the court in light of the Supreme Court’s decision in Marley v Rawlings and other rules of construction. The importance of providing executors and trustees with appropriate powers and the need to modify what is implied by statute is dealt with, including the importance of making adequate provision for the application of income and capital when required.The inheritance tax implications of will planning and drafting are covered along with typical strategies for dealing with family wealth by making best use of the exemptions and reliefs available. This includes guidance on leaving the family home in a way that maximises use of the new residence nil rate band when available, as well as explaining how the often overlooked matter of the incidence of inheritance tax effects its burden on beneficiaries. There are illustrative case studies of tax efficient wills appropriate for testators with common will-making problems.There is also a whole chapter aimed at dealing with drafting pitfalls and, more importantly, how to avoid them. Problems are also caused if the existence of a will is uncertain and so there is a helpful section on storing and locating a will. The work also includes sections on revocation and the effect of alterations to wills. The book includes useful precedents and checklists.'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills.

'Cyber Crime: Law and Practice', now in its second edition, tackles the fast-growing topic of cyber crime and covers a wide range of issues from electronic fraud, data, interception of communications, cyber stalking, online theft and intellectual property to more involved topics like malicious communications and the rules of evidence relating to cyber-crimes and computers.The second edition contains updated information on: New Offences under the Computer Misuse Act 1990, Investigatory Powers Act 2016, Data Protection Act 2018 and GDPR, and new CPS guidance on prosecution of offences relating to social media.Using detailed case studies, examples and statutory extracts the author explains all aspects of cyber crime and computer crime. 'Cyber Crime: Law and Practice' provides a practical, easy-to-follow guide for practitioners in the field, as well as those in law enforcement and academia.

In a world that is shifting away from fossil fuels in response to the threat of climate change, the UK’s low carbon policies have seen renewable electricity capacity increase by more than three times since 2010. The future is clearly one of unremitting growth in electricity generation from wind and solar farms. Renewable Energy from Wind and Solar Power: Law and Regulation is concerned with the law and regulation of electricity generation in the case of the two most popular sources of energy derived from renewable resources. It covers up-to-date national policy and guidance relevant to electricity generation collected from renewable resources. There is also coverage of the powers of local planning authorities and of the Secretary of State, along with devolved powers in Scotland, Wales and Northern Ireland, in dealing with onshore and offshore energy projects along with the impact of Nationally Significant Infrastructure Projects under the 2008 Act. This book also covers consents under sections 36 (onshore and offshore wind generation) and 37 (overhead lines) of the Electricity Act 1989 and the grant of FEBA licences from the Marine and Fisheries Agency in the case of offshore consents. The availability of financial assistance for the generation and export of renewable energy to the grid is also dealt with, and there are several case studies examining a number of recent decisions of the courts, the Secretary of State, inspectors and reporters, involving wind and solar energy proposals. Renewable Energy from Wind and Solar Power: Law and Regulation will be an invaluable reference for lawyers, planning professionals and operators in the relevant sectors. It will also be of interest to others in showing how the industry is developing and of the regulatory processes involved in securing consents for the commercial development of energy from wind and solar power.

Lord Denning was the most famous English judge of the twentieth century. Arguably, he was the most famous of any century. His judgments were legendary for both their style and substance. The style was instantly recognisable, with his short sentences and unique method of storytelling. The substance was always less about law and more about justice, as Denning looked for the fairest outcome to every case before him.Over time, Denning’s views on justice and his manipulation of precedent became increasingly controversial. As society changed around him, headhered rigidly to the Edwardian morality of his childhood. His report on the Profumo Affair – the most sensational political scandal of post-war Britain – was dismissed by some as an ‘establishment whitewash’. His rulings in trade union disputes earned him many critics, while his dismissal of the appeal of the ‘Birmingham Six’ falsely convicted of a terrorist atrocity became notorious when a gross miscarriage of justice was later uncovered. Yet enough goodwill remained for him to be called after his death ‘the best-known and best-loved judge in the whole of our history’ by the Lord Chief Justice, Lord Bingham. For all his controversies, there is no question that Denning led an extraordinary life. Born into a family of modest means in a small Hampshire town in 1899, he went on to gain two firsts from Oxford and a commission in the First World War, before becoming a successful barrister and serving almost 40 years as a senior judge. This book looks at that remarkable life story as well as assessing Denning’s legacy, showing how he continues to influence, inspire and occasionally infuriate.

Revised and fully updated, the fifth edition of A Practitioner’s Guide to Wills provides a practical and comprehensive reference for all those concerned in drafting and interpreting wills, and in giving effect to their provisions. Among matters considered in the fifth edition are:• What are the requirements for the virtual witnessing of wills executed during the Covid-19 pandemic?• What can be done to help prevent a successful challenge to a will if the testator’s capacity or intention might be an issue?•To what extent can the terms of a will give rise to a need to register a trust with HMRC?• What are the pitfalls if creating a will trust where it is hoped to claim the inheritance tax residential nil rate allowance?• Do nil rate band discretionary trusts still have a purpose in estate planning?• How does the court now deal with disputes over the interpretation of wills in light of Marley v Rawlings and family provision claims after Ilott v Blue Cross?The book also contains an extensive range of specimen clauses and model wills are set out in a separate appendix. All precedent material in the book is included on the accompanying CD-ROM.

The UK Supreme Court has been in existence for some thirteen years and is now taken for granted as part of the fabric of our legal system. This new edition of the book not only tells the remarkable story-full of twists and turns- of how the court came to be created, but also of the repercussions which followed from the court’s judgment in the prorogation case. In doing so, it taps into a rich seam of social and political history. It also provides an up-to-date assessment, free of legal jargon, as to how the court has “performed” in the light of both the fears and expectations which greeted its arrivalThe author, who has personally known some of the main characters in the story, has had a long and distinguished career at the Bar, appearing in many landmark cases in different areas of the law. His memoir, ‘Chance, Cheek and Some Heroics’, was published in 2018

This new edition is a comprehensive, accessible, and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975. It provides up-to-date guidance on the law, practice, and procedure on the ever-increasing applications for financial provisions under the Act. The provisions of the Act and its interpretation by the courts are set out and explained by providing summaries of relevant cases. The book also contains a step-by-step guide to the preparation of a case under the Act and the practice and procedure to process an application through the courts.The introduction provides an overview of the background of the legislation, the amendments that have been made, and the issues that still need to be resolved, particularly in relation to cohabitants. Each chapter comprehensively deals with information on the preconditions and time limits to prepare for an application to be made under the Act. These include issues such as domicile, limitation of time, eligibility, grounds for making a claim and the necessary factors to establish a claim. The book also provides useful information on claims based on constructive trusts and proprietary estoppel which so frequently arise in farming claims and claims made by cohabitants and other family members.The new edition sets out the challenges of cryptocurrencies, crypto assets, and currency. It also emphasises the importance of engaging in negotiations and mediation as part of the pre-proceedings steps to be taken, and the adverse impact on costs of failure to do so or frustrating attempts made to resolve the issues by agreement.The Appendices contain the 1975 Act, as amended, various Rules and Practice Directions, ACTAPS Practice Guidance, as well as precedents which provide a checklist of the information and evidence necessary to establish a case for each category of eligible claimant.

The second edition of this authoritative title extends the cohesive theory of mortgage receivership developed in the first edition through reference to recent cases, whilst maintaining its focus on providing practical guidance to the relevant law and procedure. Thoroughly updated, with references to over 40 new cases, the book deals with a number of issues which have arisen since 2018:•considering in detail the difficult issue of the effect of the receivership on the borrower’s powers and the borrower’s ability to exercise those powers, in the context of Ghai v Maymask [2020] UKUT 293. •updating the possession chapter by reference to Menon v Pask [2019] EWHC 2611 (Ch) and discussing to what extent the reasoning in that decision can be extended. •new section on statutory bars to receivership including an overview of the effect of sanctions.•revised chapter on regulation by reference to a number of cases decided since the last edition.•updated to discuss new property statutes and their relevance to receivership in relation to ground rents under residential leases, registration of overseas entities, and the Building Safety Act 2022.'Mortgage Receivership: Law and Practice' also provides practical advice about what receivers should do in particular situations and how litigation involving receivers should be conducted. It is essential reading for lawyers advising receivers, or who are involved in litigation for or against receivers, and for receivers themselves.

Claims assigned to the small claims track of the county court are up to £10,000 in value. This book provides clear guidance about all the relevant procedures and rules, some of which are unique to the track. They include the rules which limit costs recovery, procedures on appeals and the small claims mediation service provided through the Court. It meets all the needs of the professional user, including case citations and statutory references, but is written and presented with the non- lawyer in mind: it has a wealth of practical advice, plus simple summaries, flow charts, check lists and tables to enable litigants in person to understand the court process. It includes a glossary which explains over 100 legal words, terms and phrases.The book was first published over 20 years ago, and this is the 7th edition. It has been fully updated with an entire chapter devoted to the Road Traffic Act Small Claims Protocol and associated rule changes, under which many personal injury cases worth up to £5,000 in value will be allocated to the small claims track.This popular title will prove invaluable for busy practitioners and litigants in person alike, equipping them with the latest knowledge and enabling them to make the most of the procedures that are available.

Now in its third edition, Personal Insolvency Practice is an indispensable guide to the most common personal insolvency applications for solicitors and barristers. Updated to take account of EX50A Guidance on Court Fees 2022 and Chancery Guide 2022, the book provides the busy practitioner with a comprehensive range of useful precedents and checklists, and sets out the key statutory and practice material for each application. The book provides practitioners with answers to questions such as: •What form do I use? •What fee do I pay? •What does my evidence need to cover? •Which court should I file at?•Who do I need to serve? •What will the judge be looking for? This edition also contains new precedents for claims under section 423, Insolvency Act 1986 in the wake of Moffat v Moffat [2021] BPIR 1309 and Manolete Partners v Hayward & Barrett Holdings [2021] BPIR 427.

Since the second edition of this work was published, the drug-driving offences introduced in 2015 have come into their own. Prosecutions for these offences now result in almost as many convictions as for the equivalent excess alcohol offences. The overall conviction rate continues to be extremely high, at around 95 per cent.This third edition takes account of some forty judgments of the appellate courts since the publication of the second edition. The more recent challenges to the drink- and drug- driving regimes have taken on a somewhat different character from before. While the interpretation of the statutory road traffic provisions continues to be developed in the case law, other issues are coming to the fore.The case law on the circumstances in which judicial review is appropriate has been drawn together. This line of cases often features contested decisions on adjournments – common issues are lack of diligence in preparation for trial and/or failure by the court below properly to scrutinise the application for adjournment. The appellate courts have remained constant in insisting on “rigorous scrutiny” of requests for adjournments and have robustly applied the Criminal Procedure Rules aimed at avoiding delay.In this edition, the commentary on the difficult cases of DPP v Carless [2005] EWHC 3234 (Admin) and R v Coe [2009] EWCA Crim 1452 has been revised to emphasise that neither case sets a precedent for the admission in evidence of the analysis of blood specimens taken outside the regime of the Road Traffic Act 1988.This practical and accessible book is intended for all practitioners concerned with this area of law, whether police, prosecution, defence, or court officials, and adopts a neutral standpoint between their various interests.