Since the publication of the second edition in 2012 there have been a number of changes to trusts legislation in both Jersey and Guernsey. Key changes relevant to those drafting trust documents for use in both jurisdictions include: An amendment to the Trusts (Jersey) Law 1984 in 2018 Clarified the rules that may be contained in a trust instrument concerning the disclosure or information or documents concerning a trust to beneficiaries and other persons. Widened the statutory provisions concerning the accumulation of income to capital by providing that where income is not distributed, and no trust to accumulate it or power to accumulate it to capital or retain it as income applies, the income retains its character as income. This part of the amendment also confirmed that there is no time period within which a power to accumulate income must be exercised. Clarified the statutory provision concerning the reasonable security to which a trustee is entitled on retirement or distribution of trust assets or the termination of the trust where such reasonable security is provided by an indemnity. It is now clear that the “protection” of such an indemnity may now extend to, among others, officers and employees of a corporate trustee and their heirs and successors, and persons may enforce the indemnity whether or not they were parties to the original document by which the indemnity was created. Since the last edition of this book, Guernsey and Jersey have both changed their laws to permit same sex marriages, Guernsey in 2017 and Jersey in 2018. Another significant law change in both Islands since the last edition concerns capacity. The Capacity and Self-Determination (Jersey) Law 2016 came into force on 1 October 2018, replacing the previous curatorship regime and established for the first time the right of a Jersey resident to plan for the risk of future mental incapacity by enabling them to granting lasting powers of attorney for health and welfare on the one hand and for property and financial affairs on the other. Guernsey introduced lasting powers of attorney in 2022. This third Edition also draws on changes to legislation and case law in other jurisdictions which may be of relevance in Jersey or Guernsey in the future.

A practical and comprehensive guide to the law and practice of structuring projects for the sale and transportation of gas and LNG, based on the author's own comprehensive experience. The discussion is augmented by three precedent agreements and a set of further clause examples which demonstrate the practical mechanics of putting the deal together. Presents a detailed, hands-on guide to the drafting, negotiation and interpretation of natural gas and LNG trading, shipping and transportation contracts Contains three new chapters on LNG Trading Platforms; MSA Terms; and Sales Contracts for Unconventional Gas Highlights the legal and commercial issues involved at each stage and advises how they should be handled in practice Offers clause-by-clause commentary on the typical provisions within gas and LNG, sales, shipping and transportation agreements Pinpoints the key issues and suggests solutions to problems that can arise Discusses the nature of gas and LNG and the contracting process Explains in detail the common components of contracts, including quality and pressure, liabilities and limitations, force majeure and dispute resolution Provides discussion on the commercialisation of natural gas in light of concerns about climate change, cleaner energy sources and the security of energy supplies Includes expertly drafted precedent agreements Covers price reviews and reopeners Written from the perspective of English law but in the light of international experience and practice

This book is a comprehensive reference that provides a comparative analysis of Company Law in two jurisdictions, in both England and China. It covers issues relating to mergers and acquisitions involving public listed and non listed entities, insider trading and market manipulation, debt and equity financing for companies, corporate structure, management and joint ventures, duties and obligations of company directors for both countries.

Key Features:

1. Foreign lawyers and investors will have a useful understanding of the corporate issues in the legal landscape of China.
2. Chinese lawyers and entrepreneurs to have insights into English law governing corporate governance complexities in England and other common law jurisdictions such as Hong Kong, Singapore, Canada and Australia.
3. Foreign and Chinese financiers and bankers can learn more about corporate finance involving off shore and on shore securities and letters of standby credit. Also cover issues relating to mergers and acquisitions involving listed and non-listed entities in England and China.

 

A handbook covering the law of upstream, midstream and downstream petroleum contracts. Covers standard industry documents providing the legal framework for upstream, midstream and downstream petroleum contracts, with accompanying commentary on their application to energy transactions and related matters Looks at issues relating to mineral laws, including licences, and host government and inter-governmental agreements Examines preliminary participation contracts, including agreements and concessions relating to confidentiality, area of mutual interest, joint study, joint bidding and joint wells; data trade and sharing contracts; and enforceability of reasonable endeavour and best endeavour covenants Assesses model form joint operating agreements, including contents, accounting procedure, and trust deeds Examines drilling, procurement and services contracts Discusses the principles of unitisation and unitisation agreements, and considers pooling and other joint development options, pre-unit agreements, UUOA and JOA relationships, principles of petroleum lifting and commingling, balancing agreements, title interests, allocation and attribution/substitution agreements Advises on petroleum management contracts including those for provision of petroleum processing and operational services; third party access to infrastructure, project structures for gas liquefaction and LNG regasification, contracts for terminal access and provision of services Deals with oil, gas and LNG sales contracts dealing in detail with their respective terms Goes through shipping contracts, including ship leasing, time and voyage charter-party terms, contracts of affreightment and bills of lading Addresses pipeline transportation contracts, looking at the transporter and shipper perspectives, pipeline system rules, sales and transportation contract interfaces, cross-border pipeline investment protection, agreements for pipeline crossing, proximity and tie-in, and pipeline capacity management agreements Extends coverage to interest sale and purchase contracts, including asset exchange contracts, farm out and earn out agreements, addressing pre-emption, due diligence, representations and warranties Features decommissioning and security contracts Includes contractual clauses for the construction of petroleum infrastructure Examines corporate and project finance agreements, taking into account contingent consideration, royalty deeds, volumetric production payments, reserves based lending agreements, debt prioritisation and security interests Examines options for the negotiated, arbitration and judicial resolution of disputes involving oil and gas contracts and projects, including governing law and jurisdiction provisions Covers dispute resolution New to the 3rd edition include dedicated chapters on Petroleum Royalty Agreements and Environmental, Social, and Governance (ESG) Provisions.

Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. The 1st Supplement brings the text fully up to date in the light of extensive new case law and legislative developments, including the UK not acceding to the Lugano Agreement. Commercial Injunctions provides: Unparalleled in-depth coverage of all aspects of injunctions Highly practical advice on how and when to obtain injunctions, how to defend against such orders and the options available Key insight into the continuing evolution of the Mareva jurisdiction preserving assets A coherent and reasoned statement of the principles applicable to injunctions generally and to injunctions for particular purposes. A one-stop source of answers to key questions

Cretney and Probert’s Family Law provides a clear and detailed account of this core area of law. As part of the Textbook Series, the work sets out a clear framework and seeks to explain the intricacies of the law as clearly as possible, without sacrificing the detail that is required for a proper understanding of the subject. Provides students with guidance on all the major themes and principles of family law Sets issues in their social and historical context showing students how the law has developed and its modern social significance Includes discussion of key debates and policy developments Mirrors the structure of a traditional family law course for ease of use during studies Uses cases, references and explanatory narrative to support the text New to the 11th Edition: Key legislative changes include the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, the Divorce, Dissolution and Separation Act 2020, the Domestic Abuse Act 2021, and the Marriage and Civil Partnership (Minimum Age) Act 2022. A new chapter on Cohabitation.

Effective Dispute Resolution: Strategies for Lawyers, Business Managers, and Commercial Dispute Professionals In the complex world of commercial transactions, disputes are inevitable. ‘Effective Dispute Resolution’ is a guide to navigating these challenges with confidence and precision. The aim of this book is to provide practical insights into how to mitigate the economic impact of disputes and the hidden costs of litigation. This includes understanding why disputes escalate and how traditional litigation can polarise a dispute and end up destroying business relationships. The focus is on the active consideration of alternative methods that can save time, reduce costs, and preserve partnerships. The emphasis is on effective, rather than alternative, dispute resolution. Comprehensive coverage of: Drafting robust dispute resolution clauses to pre-emptively manage conflicts. Non-binding methods: negotiation, mediation, and early neutral evaluation. Binding methods: expert determination, arbitration, and litigation. Hybrid approaches: blended strategies that combine the best of all methods. Innovative perspectives: The evolution and effectiveness of online dispute resolution and remote hearings. The development and future impact of AI in dispute resolution. The psychology of dispute resolution and the importance of the human factor in effective dispute resolution. Practical tips for in-house counsel and international lawyers to resolve disputes efficiently across jurisdictions. Whether you are a seasoned dispute resolution lawyer, an in-house legal adviser, or a business manager involved in a dispute, this book offers valuable tools and strategies to achieve optimal outcomes. Drawing on the latest trends and real-world examples, ‘Effective Dispute Resolution’ serves as a comprehensive guide to mastering the art of commercial dispute management to deliver the most effective outcome.

Law Relating to Specific Contracts in Singapore, 2nd Edition is an authoritative reference that covers contractual issues in most common commercial situations that practitioners are likely to encounter in their practice in Singapore.

Its breadth of coverage, scope and detail make it an indispensable treatise on the application of the law of contract in commercial transactions. This new edition includes copious citation of Singapore and foreign case authorities and a careful review of new statutory provisions. This comprehensive reference will continue to be the practitioner's choice for authority and clarity of discussion.

KEY FEATURES:

• Completely up-to-date with new case authorities and legislation.
• Provides clear and accurate statement on the current position of the law
• Written by an expert panel of leading practitioners
• Text has been extensively reviewed and rewritten to provide in-depth analysis that may be confidently relied on
• Contains 3 new chapters - Employment Contracts, Bills of Exchange and Hotel Management Contracts
• Supplemented by detailed index for easy access to the text

Megarry & Wade provides comprehensive and authoritative coverage of all aspects of the contemporary law of real property as well as valuable information on the historical background of the law. First published in 1957, it is Sweet & Maxwell’s flagship frontlist title in this subject area – it is a clearly structured, comprehensive, and authoritative text that covers every aspect of the subject. The book examines the conventions and principles of the subject in a way that is seldom replicated elsewhere. The text covers every element of the law of real property and offers a complete explanation of the law as it stands. The text itself is divided into clearly referenced and accessible chapters – each chapter comprehensively addresses a specific area of law and has been formulated for ease of navigation and the natural flow of information to the reader. The book introduces the reader to substantive areas of law before dealing with the complex issues which can arise in relation to priorities between competing interests. Basic principles and concepts are given a full explanation and applied in greater detail in a historical, contextual, and practical manner, enabling the reader to develop a firm grasp of the subject and its key issues. It covers a broad subject but is authoritative and frequently cited. Places the development of land law in a historical context and sets out clearly the legal framework for real property, enabling practitioners to put the current law in context Covers the whole of the English law of real property, together with related subjects such as conveyancing, leases and wills and intestacy, in single volume, providing a vital tool for all property and conveyancing solicitors and barristers Provides a comprehensive examination of the rights and liabilities of landowners, setting out the legal requirements, explaining the technical issues and providing authoritative interpretation of statutes and measured analysis of relevant decisions Deals with the complex issues that can arise in relation to priorities between competing interests, highlighting potential issues and the means to resolve them Includes extensive case referencing, showing how the law can be applied in practice Incorporates the raft of recent legislation and case law that has transformed property law in England and Wales Explains the fundamentals, principles, and concepts of the law of real property, providing the ideal first point of reference to find a definitive answer on this broad subject Includes extensive case referencing, showing how the law can be applied in practice · Painstaking attention to detail Considers aspects of Land Law which other titles do not, e.g. the chapters on Wills, Perpetuities and Land Law, Settlements, Rentcharges A repository of historical material that cannot easily be found elsewhere Authoritative text frequently cited in court and drawn on by parliamentary draftsmen

Rely on over one hundred years of legal authority with MacGillivray on Insurance Law. This title is the market-leading resource on non-maritime commercial insurance and risk, providing you with comprehensive and clear guidance through its examination of the most recent cases and legislative developments. It covers general principles of UK insurance law such as misrepresentation and good faith and gives a detailed examination of loss, explaining key themes like causation and the necessity for notice. It also looks at particular classes of business with chapters on third party risks and liability policies, the rights of third parties against the insurer, the rights of two or more insurers and the law governing double insurance. This second cumulative supplement ensures that you are current with the very latest insurance law developments over the past year and is available in print, online and as an eBook. Comprehensive guidance on non-maritime commercial insurance and risk through the analysis of cases and legislation. Detailed explanations of the general principles and rules of commercial insurance, risk and loss. Covers good faith and the duty of disclosure, warranties, the premium, misrepresentation, subrogation and more. Examines the rules on the formation, drafting and termination of insurance contracts. Advises on different classes of business including life insurance, personal accident policies, property, motor vehicle and aviation. Looks at the different parties involved with dedicated chapters on insurance companies, Lloyd’s policies and the role of agents. Defines insurance and insurable interest. Highlights issues of fraud and non-disclosure by third parties Full analysis of the Insurance Act 2015, its changes to the law and the consequences for disputes. Outlines how insurance policies are constructed while explaining the meaning of words and addressing inconsistencies in phrasing. Commentary on the rights of two or more insurers and third party rights.

Consumer credit is a highly technical area of the law and, for both the uninitiated and experienced practitioners, the intricacies of the Consumer Credit Act 1974 (the Act) can prove overwhelming. Locating, interpreting and applying the correct provisions applicable at the relevant time can be a daunting task. As the Act is now in its fiftieth year and on the verge of major reform, this new book provides an easy-to-follow, practical, single-volume guide to this challenging area. Consumer Credit Law and Regulation sets out the scope of the Act, introduces its key concepts and shows how it regulates the customer journey from pre-contract matters to enforcement. The practical perspectives on this complicated legislation will prove essential reading for those new to consumer credit law, as well as a vital reference guide for established practitioners. The accessible analysis of key aspects of the Consumer Credit Act enables readers to understand both the structure of the legislation and to navigate the text itself when searching for relevant material. These key topics are organised as follows: The regulatory landscape Authorisation Categorisation of agreements Drafting of agreements Pre-contractual matters Matters arising during the agreement Connected lender liability Settlement and termination Unfair relationships Litigation and procedure.

Bowstead & Reynolds on Agency is the essential reference source for commercial practitioners. Part of the long-established Common Law Library, this new edition updates all relevant aspects of law and how they relate to agency agreements, including contract law, administrative law, tort, commercial/company law, the law of property and the conflict of laws. The 23rd edition has been fully updated to take account of all developments in agency, including new text on: implied limits to actual authority and onus of proof of authority; sub-agency, and agent’s rights to indemnity; vicarious liability; and undisclosed principals. The text has been updated with all key cases, including: Wood v Commercial First Business Ltd [2021] EWCA Civ 471 on bribes and secret commissions Law Debenture Trust Corp Plc v Ukraine [2023] UKSC 11 on capacity, actual and apparent authority Philipp v Barclays Bank UK Plc [2023] UKSC 25 on actual and apparent authority Barton v Morris [2023] UKSC 3 on scope of quantum meruit for services by agent Barclay-Watt v Alpha Panareti Public Ltd [2022] EWCA Civ 1169 on agent’s liability for misrepresentation and joint tortfeasance And new cases from Singapore, Hong Kong, Australia and New Zealand The new first supplement updates all relevant aspects of law and how they relate to agency agreements, including contract law, administrative law, tort, commercial/company law, the law of property and the conflict of laws

Singapore’s political and economic system is based on the premise of well-functioning competitive markets. The country recognises the need to ensure that its markets operate in a fair and transparent manner. It has therefore enshrined strong laws to mandate that market participants do not engage in anti-competitive behaviour that can hurt consumers or other firms.

The Competition Act has three key prohibitions. These prohibitions are:

• Agreements, decisions and practices which prevent, restrict or distort competition ("the section 34 prohibition")
• Abuse of a dominant position ("the section 47 prohibition")
• Mergers and acquisitions that substantially lessen competition ("the section 54 prohibition")

Amendments to the Competition Act made by the Public Sector Governance Act (Act 5 of 2018) and the Enterprise Singapore Board Act (Act 10 of 2018) came into effect on 1 April 2018. The Competition Amendment Bill (Bill 8 of 2018) has also been taken into consideration and encapsulated in the Annotations

Hewitt on Joint Ventures 8th edition analyses a variety of transactions where two or more existing entities agree to establish and participate in a common enterprise or business-related activity. The main focus is on joint ventures using the medium of a joint venture company. The principal issues raised by a range of transactions are examined, outlining how such issues might be handled and setting out the relevant background law. Described in the High Court as “a book edited by practitioners who specialise and have extensive experience in this area of commercial activity”, it is written in a clear and practical way, tailored for the practitioner and in-house counsel. It aims to provide detailed commercial guidance alongside a comprehensive review of relevant specialist areas of law, as well as useful checklists and precedents. Coverage: Provides in-depth examination of all aspects of joint ventures and a range of collaborative relationships Covers the practicalities involved in the drafting, negotiating and setting up of joint ventures Guides you through the planning stages of a joint venture or alliance Identifies and examines the principal issues for joint venture parties, including: capital and funding; governance and management; minority investment and protection; deadlock and breakdown; duties between joint venture parties; transfers of shares; exit, termination and change; and disputes – mediation, litigation and arbitration Sets out the relevant legal background Suggests ways of dealing with issues that may arise Includes a range of precedents and checklists Recognises the international nature of many JV agreements New to this Edition Hewitt reflects and contextualises many significant legal developments over the last five years, including: the legal impact of the UK’s departure from the European Union the growing importance for business and transactions of environmental, social and governance (ESG) factors and how directors should approach this the much-increased focus on corporate transparency and anti-corruption, which has led to significant new legislation addressing the disclosure of foreign ownership of UK real estate, verification of the controllers and managers of UK companies and other vehicles, and the prospective introduction of a failure to prevent fraud offence the main joint venture-relevant case law since the last edition, including new clarity from the higher courts regarding: the duties owed by directors to creditors when the company is insolvent, and the consequences of breach the rule against recovery for reflective loss parent company liability for tort the exercise of conversion rights from one class of shares to another the limitation of actions in relation to unfair prejudice petitions the consolidation and wider application of the principle that a person is unlikely to have agreed to give up a valuable right that they would otherwise have had, unless there are clear words to that effect the closer scrutiny and control in the interests of national security of inward investment in key areas the treatment of the entry into and termination of joint ventures under the new UK Listing Regime the potentially far-reaching imposition of financial responsibility for defective residential buildings and the need – for these and other reasons flagged above – for careful due diligence challenges affecting joint ventures with local parties in a number of key international jurisdictions (Brazil, China, India, Malaysia and United Arab Emirates).

Hewitt on Joint Ventures 8th edition analyses a variety of transactions where two or more existing entities agree to establish and participate in a common enterprise or business-related activity. The main focus is on joint ventures using the medium of a joint venture company. The principal issues raised by a range of transactions are examined, outlining how such issues might be handled and setting out the relevant background law. Described in the High Court as “a book edited by practitioners who specialise and have extensive experience in this area of commercial activity”, it is written in a clear and practical way, tailored for the practitioner and in-house counsel. It aims to provide detailed commercial guidance alongside a comprehensive review of relevant specialist areas of law, as well as useful checklists and precedents. Coverage: Provides in-depth examination of all aspects of joint ventures and a range of collaborative relationships Covers the practicalities involved in the drafting, negotiating and setting up of joint ventures Guides you through the planning stages of a joint venture or alliance Identifies and examines the principal issues for joint venture parties, including: capital and funding; governance and management; minority investment and protection; deadlock and breakdown; duties between joint venture parties; transfers of shares; exit, termination and change; and disputes – mediation, litigation and arbitration Sets out the relevant legal background Suggests ways of dealing with issues that may arise Includes a range of precedents and checklists Recognises the international nature of many JV agreements New to this Edition Hewitt reflects and contextualises many significant legal developments over the last five years, including: the legal impact of the UK’s departure from the European Union the growing importance for business and transactions of environmental, social and governance (ESG) factors and how directors should approach this the much-increased focus on corporate transparency and anti-corruption, which has led to significant new legislation addressing the disclosure of foreign ownership of UK real estate, verification of the controllers and managers of UK companies and other vehicles, and the prospective introduction of a failure to prevent fraud offence the main joint venture-relevant case law since the last edition, including new clarity from the higher courts regarding: the duties owed by directors to creditors when the company is insolvent, and the consequences of breach the rule against recovery for reflective loss parent company liability for tort the exercise of conversion rights from one class of shares to another the limitation of actions in relation to unfair prejudice petitions the consolidation and wider application of the principle that a person is unlikely to have agreed to give up a valuable right that they would otherwise have had, unless there are clear words to that effect the closer scrutiny and control in the interests of national security of inward investment in key areas the treatment of the entry into and termination of joint ventures under the new UK Listing Regime the potentially far-reaching imposition of financial responsibility for defective residential buildings and the need – for these and other reasons flagged above – for careful due diligence challenges affecting joint ventures with local parties in a number of key international jurisdictions (Brazil, China, India, Malaysia and United Arab Emirates).

This 19th edition has been extensively revised and content added and rewritten to take account of the latest legislative and case law developments as well as the continuing impact of Brexit. The title takes a subject-by-subject approach to take you through Copyright, Rights in Performances, Rights in Designs, Moral Rights and a variety of Miscellaneous Rights. New content has been added covering the Computer Games industry and Technology.