Hazel Fox, QC's Books

The Law of State Immunity

By: Hazel Fox,Philippa Webb

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The doctrine of state immunity bars national courts from adjudicating or enforcing claims against foreign states. This updated edition of this book provides a thorough analysis of the doctrine, explores high-profile cases, the UN Convention on the Jurisdictional Immunities of States, and provides comparative coverage of UK and US State practice.

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692

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Oxford University Press, USA

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ISBN 10

0199647062

ISBN 13

9780199647064

The Law of State Immunity

By: Hazel Fox,Philippa Webb

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The Law of State Immunity

By: Hazel Fox,Philippa Webb

The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

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692

Publisher

OUP Oxford

Published Date

ISBN 10

019166975X

ISBN 13

9780191669750

The Ash Doll

Charlie Priest, Book 2

By: James Hazel

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The Ash Doll

Charlie Priest, Book 2

By: James Hazel

The past had been buried. But now someone has remembered . . . Prolific lawyer Charlie Priest has bet his career on one case, but when his star witness turns up brutally murdered on the first morning of the trial, things start to fall apart. Priest knows there's a vicious killer out there, but as the bodies begin to pile up, he soon realises that he's caught in a web of corruption that protects a deadly secret: one that threatens to tear him and those he cares about apart. And Priest has demons of his own to battle, suffering from dissociative disorder, a condition so destructive that it leaves him questioning the truth of his own existence. Can Priest uncover the truth before it's too late? 'Had me gripped form the first page . . . Engaging, complicated and compelling' Adam Hamdy, author of Pendulum 'Macabre and magnificent, The Ash Doll cranks up the tension from page one and doesn't let go until its breathless conclusion' Mark Hill, author of His First Lie

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Page Count

337

Publisher

Bonnier Publishing Fiction Ltd.

Published Date

ISBN 10

1785764160

ISBN 13

9781785764165

An Analysis of the Economic Torts

By: Hazel Carty

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An Analysis of the Economic Torts

By: Hazel Carty

The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested. However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting "... if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ". However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue and Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development. Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.

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Page Count

363

Published Date

ISBN 10

0199546746

ISBN 13

9780199546749

Book's by Hazel Fox, QC

The Law of State Immunity

The Law of State Immunity

The Law of State Immunity

The Law of State Immunity

The Ash Doll

The Ash Doll

An Analysis of the Economic Torts

An Analysis of the Economic Torts

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