KC & Kompany's Books

Banking Theory and Practice, 21th Edition

By: Shekhar K.C. & Shekhar Lekshmy

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Banking Theory and Practice, 21th Edition

By: Shekhar K.C. & Shekhar Lekshmy

The book covers the entire gamut of topics in the field of banking from its evolution to the latest trends. The present edition has kept pace with the new developments, including the changes in legislation, growing globalization of banking, as well as the expansion of the banking business to meet the needs of customers for a wider range of services. It is an essential resource not only for undergraduate students, but also for professional bankers and those who pursue more advanced and practically oriented studies on the subject.

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1059

Publisher

Vikas Publishing House

ISBN 10

9354534996

ISBN 13

9789354534997

Lowry, Rawlings and Merkin's Insurance Law

Doctrines and Principles

By: Rob Merkin KC

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Lowry, Rawlings and Merkin's Insurance Law

Doctrines and Principles

By: Rob Merkin KC

The 4th edition of this leading introductory text – now under the sole authorship of Rob Merkin KC – provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed primarily for undergraduate and postgraduate students, but is also a useful resource for those in the insurance industry studying for professional examinations and legal practitioners who need a concise guide to the legal principles. The text is enhanced by extensive citations to case law and academic commentaries; and a new companion website delivers annual case law updates. This new edition has been substantially rewritten in light of the transformation of insurance law in recent years. The text has been revised to include new legislation and coverage of the effects of Brexit. However, the approach and - where possible - the analysis of John Lowry and Philip Rawlings have been retained. The first part of the book considers the regulation of insurance business and the general principles underlying the law of insurance contracts. The second part examines the way those principles are shaped by the context in which they operate. A new chapter with case studies on COVID-19, earthquakes, and mesothelioma applies the principles to the problems and uncertainties for insurance law revealed by catastrophic losses. This authoritative text offers a sound grasp of the current realities of insurance practice.

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611

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509962050

ISBN 13

9781509962051

Spencer Bower: Reliance-Based Estoppel

The Law of Reliance-Based Estoppel and Related Doctrines

By: Piers Feltham,Tom Leech KC,Peter Crampin KC,Joshua Winfield

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Spencer Bower: Reliance-Based Estoppel

The Law of Reliance-Based Estoppel and Related Doctrines

By: Piers Feltham,Tom Leech KC,Peter Crampin KC,Joshua Winfield

Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman's Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another's reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower's unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.

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799

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Bloomsbury Publishing

Published Date

ISBN 10

1784512141

ISBN 13

9781784512149

Accountants’ Negligence and Liability

By: Simon Salzedo KC,Tony Singla KC

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Accountants’ Negligence and Liability

By: Simon Salzedo KC,Tony Singla KC

An in-depth practical work covering all the main areas of accountants' legal liabilities in negligence claims, including audit liabilities to clients and others, tax and insolvency work and conflicts of interest. It covers accountants' negligence in relation to claims against accountants acting for corporations as well as accountants acting for individuals. The second edition focusses on the difficult legal issues surrounding the liability of accountants in negligence claims. It covers statutory and non-statutory audits, tax advice, specified procedures reporting, due diligence reports and corporate finance reporting. It looks at the scope of losses for which the accountant may be liable with detailed reference to case law as well as money laundering and regulatory issues. Limitation and contributory fault are considered with special reference to accountants' cases. The following important developments and case law are included: - The material covering the application of the SAAMCO/scope of duty principle has been substantially revised following the clarification of the SAAMCO principle of scope of duty by the Supreme Court in BPE Solicitors & Anor v Hughes-Holland [2017] UKSC 21, [2018] AC 599 and the Court of Appeal in the accountants' case of Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, [2019] 1 WLR 4610 - AssetCo v Grant Thornton [2019] EWHC 150 (Comm), [2019] Bus LR 2291 in which the first edition of this book was cited several times, an auditor was held liable for trading losses caused by management fraud and the Court of Appeal at [2021] PNLR 1 considered the application of the scope of duty principle to a general audit case and the question of credit for the receipt by the company of new capital - The difficult question of the application of the scope of duty principle to dividends, discussed by the High Court in BTI v PricewaterhouseCoopers [2020] PNLR 7 and the Court of Appeal in AssetCo v Grant Thornton - Lowick Rose LLP v Swynson Ltd & Anor [2017] UKSC 32 on avoided loss - Developments in the application of rules of contributory fault to accountants in the light of the trial judgments on this issue in Manchester Building Society v Grant Thornton and AssetCo v Grant Thornton - The effect of the Supreme Court's decision in Singularis Holdings v Daiwa Capital Markets [2020] AC 1189 on auditor's counterclaims and the illegality defence - The controversial High Court decision on accountants' conflicts of interest in Harlequin Property v Wilkins Kennedy [2017] 4 WLR 30 - Pre-action disclosure against auditors following the decision in Carillion Plc v KPMG LLP [2020] EWHC 1416 (Comm) - First Tower Trustees v CDS (Superstores) [2019] 1 WLR with important implications for the application of UCTA to disclaimers of liability - Halsall v Champion Consulting [2017] PNLR 32 where extended limitation under s14A was considered in the context of tax schemes and a tax adviser's contractual time bar was construed - Evans v PricewaterhouseCoopers [2019] EWHC 1505 (Ch) on the date when the cause of action for tax advice was considered in detail - Developments in the law of privilege in relation to investigations of auditors including Sports Direct v Financial Reporting Council [2020] EWCA Civ 177, [2020] 2 WLR 1256 - Substantial revisions to the Code of Ethics, disciplinary bye-laws, and the FRC's rules and schemes

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566

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526512467

ISBN 13

9781526512468

The Law of Limited Liability Partnerships

By: John Whittaker,John Machell KC

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The Law of Limited Liability Partnerships

By: John Whittaker,John Machell KC

The Law of Limited Liability Partnerships, Fifth Edition is an indispensable book for all those who advise on the legal and taxation aspects of incorporating and running an LLP. It combines concise description, practical guidance and penetrating analysis of problem areas. It also offers an international perspective through a comparative analysis of the UK LLP structure and those being enacted overseas in Canada, Dubai, India, Japan, Qatar, Singapore, the USA and other jurisdictions. Comprehensively setting out the law of LLPs in England and Wales, the Fifth Edition includes coverage and analysis of: - Newey J's decision in Hosking v Marathon Asset Management LLP [2017] on the application of the fiduciary forfeiture rule to LLP profit sharing - the Court of Appeal decision in Grupo Mexico de CV v Registrar of Companies [2019] on rectifying the companies and LLP registers - recognition of the limited liability of foreign LLPs in the light of the Privy Council decision in Investec Trust (Guernsey) Limited v Glenella Properties Limited [2018] - ICC Jones's decision in McTear v Eade [2019] in relation to provability of debts owed to members and insolvency setoff - decisions on section 214A of the Insolvency Act 1986 - further development of the law on repudiation of LLP agreements - the continuing development of the law on discretionary decision making in the light of the Supreme Court decision in BP Shipping v Braganza [2015] and on duties owed by LLP members - decisions on derivative claims in Harris v Microfusion 2003-2 LLP [2016] and Kallakis v AIB Group PLC [2020] - administration orders in Patley Wood Farm LLP v Brake [2016] Specialist contributors have written chapters on: Financial Services Regulation and LLPs; Taxation of LLPs; Members and Discrimination; and Whistleblower Protection.

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904

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526516705

ISBN 13

9781526516701

The Law of Estoppel

By: Michael Barnes KC

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The Law of Estoppel

By: Michael Barnes KC

This work contains within a single book an account of all the forms of estoppel in operation today, including estoppel by record (res iudicata), as well as of the associated doctrine of election. There can be few practitioners who do not at some time have to engage with estoppel. Estoppel applies across all, or nearly all, English civil law. In explaining each form of estoppel an attempt is made to state the main elements which have to be proved to establish the estoppel and then to detail each element with its various components. At the end of each chapter a brief summary of the estoppel is included so as to guide practitioners and others to any question important in any particular case. The law of estoppel has considerably advanced over recent decades, and over the last 10 years alone there have been major changes, such as the clarification of the previously uncertain boundaries of proprietary estoppel, a statement of the exceptions to the principles of res iudicata, and the extension law as well as of fact. These and other subjects are explained in full.

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981

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509909397

ISBN 13

9781509909391

The Law of Compulsory Purchase

By: Richard Honey KC,James Pereira KC,Caroline Daly,Rebecca Clutten

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The Law of Compulsory Purchase

By: Richard Honey KC,James Pereira KC,Caroline Daly,Rebecca Clutten

Setting out the practice, procedure, policy and compensation provisions applying to a compulsory purchase, this new edition is updated to include all relevant case law, legislation, policy and guidance since the third edition, including: - the Upper Tribunal (Lands Chamber) Practice Directions, October 2020 - the implementation of the Neighbourhood Planning Act 2017 - changes in secondary legislation (including the Tribunal procedure rules) - changes in policy and guidance (especially the guidance for Wales and the Tribunal practice directions) It enables you to: -find clear statements of the law and practice on all points that relate to compulsory purchase and compensation -understand the detailed analysis necessary to grapple with tricky points encountered in practice -access cross-references to legislation, key case law and guidance, easily As it simplifies what can be simplified and explains with clarity any difficult areas, it is the one guide you need to help you access and assimilate all the statutes, of varying antiquity and judicial decisions, that relate to compulsory purchase and compensation. It describes the law, practice, procedure, policy and compensation for a compulsory purchase, and provides a summarised statement of the law, complete with footnotes to enable you to access further information. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation. This title is included in Bloomsbury Professional's Local Government Law online service.

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1046

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Bloomsbury Publishing

Published Date

ISBN 10

1526518848

ISBN 13

9781526518842

Insurance Claims

By: Alison Padfield KC

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Insurance Claims

By: Alison Padfield KC

Now in its Fifth Edition, Insurance Claims by Alison Padfield QC is a practitioner focused text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is an indispensable resource for those involved in the daily application of the law, whether as solicitors, barristers or insurance claims handlers. With significant developments in insurance law and a multitude of cases since the Fourth Edition, the new Fifth Edition: - Covers cases on the Insurance Act 2015, the Third Parties (Rights Against Insurers) Act 2010, and the Consumer Insurance (Disclosure and Representations) Act 2012 - Examines recent decisions of the Supreme Court, including The Financial Conduct Authority v Arch Insurance (UK) Ltd (the 'FCA Test Case') [2021] UKSC 1, and Privy Council, and also those handed down by the Court of Appeal - Is fully updated with coverage of all significant recent decisions - Covers claims against insurers and insurance brokers - Explains the meaning of terms and concepts in plain English, making it accessible to lawyers and non-lawyers alike Cases in the Supreme Court and Privy Council added since the last edition include: - The FCA Business Interruption Insurance Test Case [2021] UKSC 1 – construction of insurance contracts, causation including proximate cause & business interruption insurance - Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48 – principles governing recusal of arbitrators where multiple arbitrations with same or overlapping subject matter - Aspen Underwriting Ltd v Credit Europe Bank NV (The Atlantik Confidence) [2020] UKSC 11 – jurisdiction under Brussels Regulation (Recast) - Travelers Insurance Co Ltd v XYZ [2019] UKSC 48 – non-party costs orders against liability insurersPerry v Raleys Solicitors [2019] UKSC 5 – professional negligence damages - Atlasnavios-Navegação Lda v Navigators Insurance Co Ltd, The B Atlantic [2018] UKSC 26 – construction of insurance contracts & exclusion clauses - Ramsook v Crossley [2018] UKPC 9 – construction and application of claims control clauses - Gard Marine & Energy Ltd v China National Chartering Co Ltd [2017] UKSC 35 – waiver of rights of subrogation - AIG Europe Ltd v Woodman [2017] UKSC 18 – aggregation clauses - Sun Alliance (Bahamas) Ltd v Scandi Enterprises Ltd [2017] UKPC 10 – construction of contractors' all risks policy - Impact Funding Solutions Ltd v Barrington Services Ltd [2016] UKSC 57 – construction of insurance contracts & scope of cover/exclusion clauses Significant Court of Appeal decisions added for this new edition include: - Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd [2020] EWCA Civ 308 – reinstatement/betterment in property damage insurance - Manchikalapati v Zurich Insurance Plc [2019] EWCA Civ 2163 - construction of building guarantee insurance - Euro Pools plc v Royal & Sun Alliance plc [2019] EWCA Civ 808 – notification of claims in professional indemnity insurance - Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 – reinsurance of 'Fairchild enclave' employers' liability claims - Allianz Insurance Plc v Tonicstar Ltd [2018] EWCA Civ 434 – qualification of arbitrators - Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 – aggregation clauses - Ted Baker plc v AXA Insurance UK [2017] EWCA Civ 4097 – insurance claims conditions and 'duty to speak' estoppel - AXA Versicherung Ag v Arab Insurance Group [2017] EWCA Civ 96 – pleading & proving inducement - W R Berkley Insurance (Europe) Ltd v Teal Assurance Co Ltd (No 2) [2017] EWCA Civ 25 – liability insurance & ascertainment of loss - Zurich Insurance plc v Maccaferri [2016] EWCA Civ 1302 – notification of claims A wealth of Commercial Court and Technology and Construction Court decisions are also covered, along with selected decisions from other jurisdictions including Scotland, Australia and New Zealand which are likely to be of interest to practitioners in England and Wales. Written by Alison Padfield QC, an authoritative author with extensive experience in insurance law, the new Fifth Edition will appeal to insurance lawyers, both solicitors and barristers in practice and in-house, insurance professionals, eg claims handlers and brokers, and insurance law students.

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664

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526511924

ISBN 13

9781526511928

The Law of Compulsory Purchase and Compensation

By: Michael Barnes KC

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The Law of Compulsory Purchase and Compensation

By: Michael Barnes KC

This book is a statement of the current law of compulsory purchase of land and compensation for that purchase. It covers all major aspects of the procedure for the compulsory acquisition of land and deals in full detail with all aspects of the law of compensation for such an acquisition. The many and diverse statutory provisions are organised into a series of chapters containing all principles and rules and there is a full analysis and explanation of the leading authorities on the subject and the principles derived from those authorities without which the subject cannot be understood. The aim of the book is, not only to explain the statutory provisions and to organise the various possible claims for compensation into different heads, but also to explain and analyse the substantial body of case law which has built up, particularly in recent years, and the relationship between that body of law and the underlying statutory provisions. The book also attempts to explain the purpose of the statutory provisions and the reason for the rules that are derived from the authorities. Chapters of the book are devoted to the procedure for formulating and pursuing a claim for compensation and to the valuation principles which must be applied in advancing claims. An Appendix is provided by Mr Nicholas Eden FRICS, a leading valuer in the field, which contains examples of different types of compensation valuation with annotations as to how the valuations are prepared and built up. A further aim of the book is to provide, where possible, practical advice to public authorities and landowners involved in the process of compulsory purchase and compensation as well as to explain the legal principles.

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660

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1849467528

ISBN 13

9781849467520

Employment and Commercial Disputes: The International Aspects

By: Paul Nicholls, KC

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Employment and Commercial Disputes: The International Aspects

By: Paul Nicholls, KC

A guide to the conflict of laws dealing with jurisdiction and applicable law in commercial and employment-related cases enabling practitioners to assimilate and understand the rules which apply in cases that have an international element. Commercial claims have long had an international element and the same is increasingly true for employment cases in particular in employee competition or team moves where, for example, a defendant in country A is orchestrating a team move in country B. This book assists practitioners by having the law relevant to these sorts of cases in one place in an easy to understand manner. It states the law applicable in particular to both commercial and employment cases. This covers both High Court claims but also, in its employment section, statutory claims involving employees who work abroad or otherwise may be said to lack a connection with the UK. It uses examples to augment the statement of the law and offers tactical and strategic guidance based on real cases. As well as providing a guide to the law, comment on the strategy and tactics underlying claims and defences are provided and examples of how these matters can and do play out in practice are given.

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606

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526515814

ISBN 13

9781526515810

Partnership Law

By: Mark Blackett-Ord,Sarah Haren KC

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Partnership Law

By: Mark Blackett-Ord,Sarah Haren KC

Provides the answers to all the questions that can arise on the formation, operation and dissolution of Partnerships, LPs and LLPs as well as the answers to all questions that can arise in disputes between partners, ex-partners and outsiders. Fully revised and updated this new edition will include coverage of: - The introduction of the Private Fund Limited Partnership (PFLP) in 2017 - Application of discrimination law in the context of partnerships/LLPs: Seldon v Clarkson, Wright and Jakes; Tiffin v Lester Aldridge LLP; Bates v van Winklehof - Interpretation of partnership agreements, what amount to partnership assets and how they should be valued, in the context of the retirement or buy-out of a former partner: Drake v Harvey; Ham v Ham; Ham v Bell - The role, if any, of the doctrine of repudiation in the context of partnerships (Golstein v Bishop) and LLPs (Flanagan v Liontrust Management LLP) - What nature of “business” may constitute a partnership (Bhatti v HMRC) - Impact of changes made to the insolvency regime (including the Insolvency Rules 2016) on insolvency of partnerships and LLPs

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1299

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526508443

ISBN 13

9781526508447

Family Businesses’ Growth

Unpacking the Black Box

By: Laura K.C. Seibold

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Family Businesses’ Growth

Unpacking the Black Box

By: Laura K.C. Seibold

Growth is one of the central strategic topics in management science. A growing enterprise embodies success and growth supports the longevity of the business. In her book Laura Seibold provides an overview of the literature on general growth components and different theoretical growth models with a special focus on family enterprises. The author formulates a comprehensive model of how growth can be achieved in family firms. This derived model combines the insights from general growth theory, family specific literature and the insights of top family firm leaders.

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404

Publisher

Springer Nature

Published Date

ISBN 10

3658293969

ISBN 13

9783658293963

The Law of Solicitors’ Liabilities

By: William Flenley KC,Tom Leech KC

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The Law of Solicitors’ Liabilities

By: William Flenley KC,Tom Leech KC

The Law of Solicitors' Liabilities, previously known as Solicitors' Negligence and Liability, provides a comprehensive guide to all aspects of solicitors' negligence, liability in equity and wasted costs. Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the procedural aspects of bringing and defending a claim for solicitors' negligence. The new fourth edition includes: - A new chapter on insurance law focusing on a number of key topics which arise, particularly in relation to solicitors' insurance: aggregation; condonation; definition of private legal practice; notification; possibly successor practice rules. - Updated case law to cover all recent Supreme Court and Court of Appeal decisions, eg Hughes-Holland v BPE (Supreme Court) scope of duty and extent of damages; Redler v AIB (Supreme Court): breach of trust; Lowick Rose v Swynson (Supreme Court): lifting the corporate veil in claims against professionals; Tiuta International v de Villiers (Court of Appeal): lenders' claims, impact of a remortgage on damages; Wellesley v Withers (Court of Appeal): test for remoteness of damage; and E Surv v Goldsmith Williams (Court of Appeal): implied duty on solicitors in lenders' claims. - Regulatory/disciplinary developments, eg revised SRA Code of Conduct.

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1123

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526505304

ISBN 13

9781526505309

A User's Guide to Trade Marks and Passing Off

By: Nicholas Caddick KC,Ben Longstaff,Jamie Muir Wood,Charlotte Duly

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A User's Guide to Trade Marks and Passing Off

By: Nicholas Caddick KC,Ben Longstaff,Jamie Muir Wood,Charlotte Duly

Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions

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817

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526511576

ISBN 13

9781526511577

Fraud and Breach of Warranty

Buyers’ Claims and Sellers’ Defences

By: Simon Salzedo KC,Andrew McIntyre,Sophie Shaw

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Fraud and Breach of Warranty

Buyers’ Claims and Sellers’ Defences

By: Simon Salzedo KC,Andrew McIntyre,Sophie Shaw

Claims of fraud and breach of warranty are common following the purchase of a business. They often mix tort and breach of contract and may involve specialist aspects such as notification provisions and escrow mechanisms. This new title provides a practitioner's guide to claims of fraud and breach of warranty from a leading commercial QC with great experience in this field. Key questions to be considered include: 1. When can a warranty also be a representation? Cases include Idemitsu Kosan v Sumitomo [2016] 2 CLC 297 2. When is a warranty claim properly notified and served? Cases to be considered include Nobahar-Cookson v Hut Group [2016] EWCA Civ 128 and Teoco v Aircom Jersey 4 Ltd [2018] EWCA Civ 23 3. When is has fair disclosure been given? Cases include New Hearts v Cosmopolitan Investments [1997] 2 BCLC 249, Infiniteland v Artisan Contracting [2006] 1 BCLC 632 4. What are the requirements for proving fraud in the context of sale of a business? Cases include Belfairs v Sutherland [2010] EWHC 2276 (Ch) 5. When is an accounting fraud attributed to the seller? Cases include Man v Freightliner [2005] EWHC 2347 (Comm) and Hut Group v Nobahar-Cookson [2014] EWHC 3842 (QB) 6. What are the remedies for fraud and breach of warranty and how are damages calculated? Cases include Lion Nathan v CC Bottlers [1996] 1 WLR 1438, Senate Electrical v Alcatel Submarine [1999] 2 Lloyd's Rep 423 7. When can the seller claim for loss of earnout under purchaser's warranties? Cases include Porton v 3M [2011] EWHC 2895 (Comm) and Kitcatt v MMS [2017] 2 BCLC 352

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298

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526509679

ISBN 13

9781526509673

Law and Economics of Article 102 TFEU

By: Robert O'Donoghue QC,Jorge Padilla

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Law and Economics of Article 102 TFEU

By: Robert O'Donoghue QC,Jorge Padilla

“a reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, Qualcomm.

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1368

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509942971

ISBN 13

9781509942978

Break Clauses

By: Mark Warwick QC,Nicholas Trompeter QC

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Break Clauses

By: Mark Warwick QC,Nicholas Trompeter QC

This is the only book to deal exclusively with the important topic of break clauses, which affect a significant proportion of all landlord and tenant relationships. The book provides a comprehensive and authoritative survey of the law relating to the drafting and operation of break clauses. It covers over 500 cases relevant to the topic. The book also considers the areas of the law that interrelate with break clauses, including contractual construction, assignment, estoppel, mistake and professional negligence. Previous editions of Break Clauses have been referred to as “scholarly and practical” (Sir Kim Lewison) and “excellent and much needed” (Lord Neuberger). This new edition includes the most recent and relevant judgments that have had an important impact on the law affecting break clauses. There are two new chapters: one on the interrelationship between break clauses and compulsory purchase (of particular relevance in light of large-scale projects such as HS2 and Crossrail) and one on the interrelationship between break clauses and rent review. The third edition covers new legal developments, including the new Electronic Communications Code and its impact on break clauses.

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496

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Bloomsbury Publishing

Published Date

ISBN 10

150994205X

ISBN 13

9781509942053

Football and the Law

By: Nick De Marco KC

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Football and the Law

By: Nick De Marco KC

Football is the biggest game in the world and the richest. This has contributed to the growth of legal issues and disputes in football and to an increasingly specialised legal services market in football. Since 2002, approximately half of all sports disputes before the Court of Arbitration in Sport (CAS) have been in football. Football and the Law provided the first comprehensive review of the law relating to all aspects of football in the world, including all the main regulatory and commercial aspects of the sport. With contributions from 67 of the leading experts in the field, it is a valuable resource to lawyers and others active in the football industry, as well as a vital source of material to students, legal practitioners and others who wish to learn more about the area. The work includes reference to the key legal principles, cases and regulatory materials relevant to football. The key developments for the 2nd Edition include: - Refiguration of European football/ ESL breakaway / new international structures - Independent regulation of football - Impact of Brexit Safeguarding – child abuse in football - Growth of racism and regulatory responses - FIFA banning 'bridge loans' (relevant to third party ownership) - FIFA's new plans to regulates agents and cap fees - Emergence of salary caps in football and legal challenges to them - Various high profile Financial Fair Play cases Class action in football re head injuries - Challenges to Owners and Directors test – calls for independent regulator - New chapter covering developments in CAS cases This title is included in Bloomsbury Professional's Sports Law online service.

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823

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Bloomsbury Publishing

Published Date

ISBN 10

1526521830

ISBN 13

9781526521835

Liability Insurance in International Arbitration

The Bermuda Form

By: Richard Jacobs QC,Lorelie S Masters,Paul Stanley QC

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Liability Insurance in International Arbitration

The Bermuda Form

By: Richard Jacobs QC,Lorelie S Masters,Paul Stanley QC

This is the third revised edition of what was described by the English Court of Appeal in C v D as the “standard work” on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In addition, since the awards of arbitrators are confidential and are not subject to the scrutiny of the courts, the book helps professionals understand the Form's lengthy and complex provisions. The book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations and was the joint winner in 2012 of British Insurance Law Association Book Prize for the most notable contribution to literature in the field of law as it affects insurance. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. The book will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and to clients, lawyers or arbitrators involved in disputes arising therefrom.

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488

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Bloomsbury Publishing

Published Date

ISBN 10

1509917268

ISBN 13

9781509917266

Scamell and Gasztowicz on Land Covenants

By: Steven Gasztowicz KC

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Scamell and Gasztowicz on Land Covenants

By: Steven Gasztowicz KC

Scamell and Gasztowicz on Land Covenants, 2nd edition, brings the material up to date, exploring the types of covenants practitioners have to contend with, and seeking to offer practical advice in this complex and far reaching area of law. The second edition includes coverage of positive covenants and planning covenants which no other title on the market currently offers. A covenant can be either positive or negative. It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative. Dealing with the impact of Covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. It is a complex and broad area of law for property lawyers to contend with. The volume of case law on this topic is extensive. Scamell and Gasztowicz on Land Covenants, 2nd edition, is divided into three main parts: Part I – Restrictive Covenants; Part II – Positive and Negative Covenants; Part III: Planning Obligations. It also deals with the special position of local authorities in relation to land covenants, and has comprehensive coverage on freeing land from restrictions.

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1035

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Bloomsbury Publishing

Published Date

ISBN 10

1784515426

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9781784515423

German Family Enterprises

A Sourcebook of Structure, Diversity, Growth and Downfall

By: Laura K.C. Seibold,Maximilian Lantelme,Hermut Kormann

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German Family Enterprises

A Sourcebook of Structure, Diversity, Growth and Downfall

By: Laura K.C. Seibold,Maximilian Lantelme,Hermut Kormann

This professional guide presents an extensive overview of the German family enterprise landscape, with a special focus on its structure and diversity. Drawing on several scientific studies conducted by the authors, its goal is to provide a detailed assessment of the development of German family enterprises. Analyzing data from over 500 family firms, it offers a valuable reference guide for market research and academic research on family-owned enterprises. A unique factor: the authors’ revealing insights into the decline of family firms.

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154

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Springer

Published Date

ISBN 10

3030041018

ISBN 13

9783030041014

The Law of Contract Damages

By: Adam Kramer KC

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The Law of Contract Damages

By: Adam Kramer KC

Praise for previous edition: '... very comprehensive; very competent; and, what I think will be seen as its chief virtue ... very clear' – David Campbell, Law Quarterly Review 'I enjoyed...every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illuminating.' – Angela Swan, Canadian Business Law Journal Written by a leading commercial barrister and academic, the third edition of this acclaimed book is the most comprehensive and detailed treatment available of this important dispute resolution area. Previous editions have been regularly cited by the English courts and academic literature. The third edition covers all key case law developments and updates since 2017, with very substantial rewrites of the loss of chance, scope of duty and negotiating damages chapters (including in the light of Supreme Court decisions in Perry v Raleys, Edwards v Hugh James Ford Simey, Manchester BS v Grant Thornton and Morris-Garner v One Step (Support) Ltd). It also includes expanded share purchase warranty and causation sections, and a new chapter on the construction of exclusion clauses. To aid understanding and practicality, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered-construction, sale of goods, charterparties, professional services-and those less frequently covered in general works-such as SPAs, exclusive jurisdiction and arbitration clauses, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the how to prove lost profits. The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.

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699

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Bloomsbury Publishing

Published Date

ISBN 10

1509951261

ISBN 13

9781509951260

Redfern and Hunter on International Arbitration

Student Version

By: Nigel Blackaby,Constantine Partasides,Alan Redfern

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Redfern and Hunter on International Arbitration

Student Version

By: Nigel Blackaby,Constantine Partasides,Alan Redfern

Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world. The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the 'soft law' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration. This shorter, paperback edition does not include the appendices.

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1049

Publisher

Oxford University Press

Published Date

ISBN 10

019888365X

ISBN 13

9780198883654

Under a Big Top: Clean & Wholesome Second Chance Romcom Romance

By: Jordan Riley Swan,K.C. Norton

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Under a Big Top: Clean & Wholesome Second Chance Romcom Romance

By: Jordan Riley Swan,K.C. Norton

Dalton Young—ringmaster of the financially strapped Second Galaxy Circus—has a lot on his spinning plates. Broken equipment, injured performers, and investors breathing down his neck threaten to crater everything he’s built. Still, he continues to do it all on his own. Partnerships, after all, always end with someone broke or broken. And he should know—ten years ago, the love of his life never boarded the bus heading toward their mutual dream of performing in the circus. Penelope Baker—a tame, methodical accountant for a prestigious investment firm—made the mistake of admitting she almost ran off with the circus in her youth, and now her boss has assigned her the bothersome task of auditing their riskiest investment: The Second Galaxy Circus. Taking the job will only remind her of the chaotic road she almost traveled. She decides to do the work as quickly and efficiently as possible so she can get back to her stable and routine life. Things unravel the moment Dalton and Penelope come face to face with each other and their connected past. She was the girl who never showed, and he was the boy left waiting. Yet, just like the name of his circus, maybe they have a second chance at love under a big top. Book two in The Unwedding Vow: Having just attended a wedding with the queen of all bridezillas, the ten unmarried members of wedding reception table nine have taken an oath. They will never, ever get married. Can this collection of oddball personalities keep their promise to be single? Or will love pick off each member of The Unwedding Vow?

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259

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Jordan Riley Swan LLC

Published Date

ISBN 10

195762700X

ISBN 13

9781957627007

COVID-19, Law & Regulation

Rights, Freedoms, and Obligations in a Pandemic

By: Belinda Bennett,Ian Freckelton AO KC,Gabrielle Wolf

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COVID-19, Law & Regulation

Rights, Freedoms, and Obligations in a Pandemic

By: Belinda Bennett,Ian Freckelton AO KC,Gabrielle Wolf

COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises.

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721

Publisher

Oxford University Press

Published Date

ISBN 10

0192650491

ISBN 13

9780192650498

The Fundemental Guide to Getting Started and Succeeding with Investments

By: K. C. Staar

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The Fundemental Guide to Getting Started and Succeeding with Investments

By: K. C. Staar

An Unconventional and Comprehensive Guide to everything Investing:This book is the first book in a series of books designed to help those that are looking to either take charge of there finances. If you are not interested in day trading this book will help all those that are looking to further understand the world of Stocks, bonds and everything in between.

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136

Publisher

Keith Staar

Published Date

ISBN 10

0987686623

ISBN 13

9780987686626

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