An essential reference for anyone involved in trust marketing, structuring, client relationship management and administration.

This book is an invaluable reference for any serious practitioner needing information in the drafting of Singapore wills and trusts. It is a drafter’s handbook which illustrates the modern style of drafting found in other jurisdictions that can be beneficially used in Singapore. It enables the local practitioner to draft trust documentation with Singapore resident trustees under Singapore law that is accepted internationally by his peers.

There is excellent material covering diverse subjects such as the reservation by the settlor of the powers of investments, the office of protectors in trusts and private trust companies, which topics are not found in any conventional books on trusts.

The aim of this work is to aid the drafter by discussing all the issues which arise in drafting settlements and will trusts, and to provide precedents accompanied with an explanation of the clauses contained in them and the choices that have to be made.  

 

KEY FEATURES

• The precedents adopt a modern drafting style which reads simply and naturally.
• This book will also serve as a guide to the interpretation of trust documentation. 
• Contain well-researched and extensive material from international and Singapore sources that provides useful references to applicable legislation and case law. 

• Updated to include the latest legislative changes and cases decided by the local courts, so that busy practitioners can rest assured that they are relying on the most up-to-date information when conducting their practice.
• Commentaris and Precedents are provided by the leading law practices and expert practitioners.
• New chapter on Equity and Trusts and many new precedents to the other updated chapters.

Commercial litigation is one of the busiest areas of practice in Singapore with the commercial court developing its own unique nuances. Law & Practice of Commercial Litigation in Singapore provides an in-depth, comprehensive and practical look at the practice of commercial litigation.

The book aims to provide practical guidance to ensure success when resolving commercial disputes.  The objective recognises that success in commercial matters not only requires a knowledge of black letter commercial law (as well as all its intricacies), but a mastery of all those facets which make up commercial litigation practice.  This book is relevant not only for the practitioner in the Commercial Court but to anyone involved in commercial litigation.  It will also be a useful addition to the judge's library. 

Key Features:

• Follows the sequence of a case - the work is structured around the workflow and is packed full of practical guidance on commercial litigation, making it the most up-to-date law & practical tool a lawyer would need.
• Provides a narrative guide to modern commercial dispute resolution, from pre-action procedures to appeals.
• Practice-focused book prepared by well-known commercial litigation practitioners in Singapore.
• Develops aspects of commercial litigation practice in detail in addition to comments on rules of court.

Key Benefits:

• Presents a clear and detailed account of commercial law, covering the fundamental principles and how the law works in practice.
• Takes in all the key issues faced in today's practice.
• Places emphasis on tactics, strategy and practical guidance.
• Offers a step-by-step examination and explanation of the processes involved in commercial litigation in Singapore.

• Experienced and respected authorship with real-world experience.
• Completely up-to-date and covers all key areas encountered in today’s litigation practice.
• Provides a wealth of practical insights into civil litigation in Singapore.
• Contains detailed commentary and analysis of the Rules of Court.
• Offers a step-by-step examination and explanation of the processes involved in civil litigation in Singapore with checklists and sample documents.

This book is an essential reference source for all lawyers who deal with one of the most important remedies in civil and family litigation – the injunction. Injunctions by David Bean, Isabel Parry and Andrew Burns provides you with an indispensable reference tool. This highly practical work covers every type of injunction, going through their scope and limitations, and the procedures involved in obtaining them. The new 14th edition has been completely updated to incorporate all the key developments in this area of law since the last edition was published three years ago. Features of the new edition include: Injunctions against “persons unknown”: Canada Goose and subsequent decisions Injunctions to restrain publication of reports by public bodies Worldwide freezing orders: Lakatamia Shipping v Morimoto Imaging orders: TBD (Owen Holland) Ltd v Simons New CPR 81 on committal for contempt

This book is an essential reference source for all lawyers who deal with one of the most important remedies in civil and family litigation – the injunction. Injunctions by David Bean, Isabel Parry and Andrew Burns provides you with an indispensable reference tool. This highly practical work covers every type of injunction, going through their scope and limitations, and the procedures involved in obtaining them. The new 14th edition has been completely updated to incorporate all the key developments in this area of law since the last edition was published three years ago. Features of the new edition include: Injunctions against “persons unknown”: Canada Goose and subsequent decisions Injunctions to restrain publication of reports by public bodies Worldwide freezing orders: Lakatamia Shipping v Morimoto Imaging orders: TBD (Owen Holland) Ltd v Simons New CPR 81 on committal for contempt

Part of the Common Law Library series, Phipson on Evidence is the leading work on civil and criminal evidence. It examines in detail all aspects of the principles and procedures making up the law of evidence. Coverage includes the admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues. Key Features Leading work and authority on civil and criminal evidence, frequently quoted in court Written by a prominent team of expert authors, with excellent balance between leading practitioners and academics Fully updates all changes brought in by the Civil Procedure Rules and the Criminal Procedure Rules Examines in detail all aspects of the complex principles and procedures which make up the law of evidence including admission of evidence, evidence taken or served prior to a trial, the rules of evidence during the course of a trial and the examination of witnesses Considers the burden and standard of proof Discusses all aspects of good and bad character Includes analysis of privilege and facts excluded by public policy Examines hearsay in civil and criminal proceedings Looks at the exclusion and inclusion of extrinsic evidence Examines the judicial discretion to admit or exclude evidence Considers a broad range of case law, including that of the Commonwealth The supplement considers a number of important legal developments, including key decisions on admission of evidence, the standard of proof, the attendance of witnesses, good and bad character, legal professional privilege, hearsay, expert evidence, confessions, judicial discretion and many other evidential issues. The supplement also considers important decisions from the Supreme Court (both domestic and overseas) and Court of Appeal such as Tui v Griffiths [2023] UKSC 48, Mansion (Gibraltar) Ltd v Manasco and Ors (2024/GSC/026), and Tutt v. Ministry of Defence [2023] EWHC 2834 (KB).

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters) Contains example claims and defences Provides specific practical guidance on each precedent Written by an expert team of over 60 barristers

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters) Contains example claims and defences Provides specific practical guidance on each precedent Written by an expert team of over 60 barristers

"The Handbook is a comprehensive and in-depth analysis of UNCITRAL arbitration. As with the prior editions, this fourth edition of the Handbook of UNCITRAL Arbitration will provide an invaluable contribution to UNCITRAL arbitration." Anna Joubin-Bret Secretary, UNCITRAL Director, International Trade Law Division United Nations The Handbook of UNCITRAL Arbitration presents a practical, rule by rule guide to the UNCITRAL Arbitration Rules, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration. It reviews each stage of the UNCITRAL arbitration process, from the arbitration clause, through the arbitral proceedings, to the award. This highly anticipated fourth edition deals with the Rules as modified with the addition of the UNCITRAL Expedited Arbitration Rules that came into effect in September 2021. International arbitration is evolving rapidly, and the Handbook provides an up-to-date analysis of key aspects of arbitration law applicable to UNCITRAL arbitration wherever conducted. It deals with issues such as: The procedural issues for which a majority is required under art.33(1) of the Rules and those which the presiding arbitrator is entitled to decide on his or her own in the absence of a majority under art.33(2) of the Rules. The obligations of collegiality within the Tribunal with respect to procedural decisions and awards. The conduct of virtual procedural and substantive hearings, including case management conferences. The due process issues relating to admission – or exclusion – of evidence and amendments to claims. The role of the Appointing Authorities and in particular the role of the LCIA, ICC, SIAC and the Permanent Court of Arbitration. The law applicable to the arbitration agreement. With a discussion of the varying and conflicting approaches reflected in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb & Ors [2020] UKSC 38 and Kabab-Ji SAL v Kout Food Group UK Supreme Court ([2021] UKSC 48 in the UK and Kabab-Ji in France (French Supreme Court Civ. 1iere of 28 September 2022) The issue of joinder of non-signatories to an arbitration with particular reference to Dallah and Kabab-Ji (in the UK and France) Whether the courts adopt a deferential or non-deferential approach to reviewing jurisdiction with reference in particular to the decisions in the UK and the USA. Whether and how to challenge and arbitrator and the most recent challenge decisions, with an updated table of over 100 of such decisions. The updated IBA Rules on the Taking of Evidence in International Arbitration as amended in 2020. The US Supreme Court decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022) limiting the application of 28 USC §1782(a) regarding discovery in the United States in support of international arbitration. The most recent approaches to interim measures, including security for costs. The Handbook of UNCITRAL Arbitration is based on the author’s everyday practical experience in hundreds of arbitrations. It deals with the latest trends in international arbitration relating to issues such as the conduct of disclosure, the role of experts, the conduct of virtual hearings and other attempts to render international arbitration more expeditious and cost-effective.

"The Handbook is a comprehensive and in-depth analysis of UNCITRAL arbitration. As with the prior editions, this fourth edition of the Handbook of UNCITRAL Arbitration will provide an invaluable contribution to UNCITRAL arbitration." Anna Joubin-Bret Secretary, UNCITRAL Director, International Trade Law Division United Nations The Handbook of UNCITRAL Arbitration presents a practical, rule by rule guide to the UNCITRAL Arbitration Rules, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration. It reviews each stage of the UNCITRAL arbitration process, from the arbitration clause, through the arbitral proceedings, to the award. This highly anticipated fourth edition deals with the Rules as modified with the addition of the UNCITRAL Expedited Arbitration Rules that came into effect in September 2021. International arbitration is evolving rapidly, and the Handbook provides an up-to-date analysis of key aspects of arbitration law applicable to UNCITRAL arbitration wherever conducted. It deals with issues such as: The procedural issues for which a majority is required under art.33(1) of the Rules and those which the presiding arbitrator is entitled to decide on his or her own in the absence of a majority under art.33(2) of the Rules. The obligations of collegiality within the Tribunal with respect to procedural decisions and awards. The conduct of virtual procedural and substantive hearings, including case management conferences. The due process issues relating to admission – or exclusion – of evidence and amendments to claims. The role of the Appointing Authorities and in particular the role of the LCIA, ICC, SIAC and the Permanent Court of Arbitration. The law applicable to the arbitration agreement. With a discussion of the varying and conflicting approaches reflected in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb & Ors [2020] UKSC 38 and Kabab-Ji SAL v Kout Food Group UK Supreme Court ([2021] UKSC 48 in the UK and Kabab-Ji in France (French Supreme Court Civ. 1iere of 28 September 2022) The issue of joinder of non-signatories to an arbitration with particular reference to Dallah and Kabab-Ji (in the UK and France) Whether the courts adopt a deferential or non-deferential approach to reviewing jurisdiction with reference in particular to the decisions in the UK and the USA. Whether and how to challenge and arbitrator and the most recent challenge decisions, with an updated table of over 100 of such decisions. The updated IBA Rules on the Taking of Evidence in International Arbitration as amended in 2020. The US Supreme Court decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022) limiting the application of 28 USC §1782(a) regarding discovery in the United States in support of international arbitration. The most recent approaches to interim measures, including security for costs. The Handbook of UNCITRAL Arbitration is based on the author’s everyday practical experience in hundreds of arbitrations. It deals with the latest trends in international arbitration relating to issues such as the conduct of disclosure, the role of experts, the conduct of virtual hearings and other attempts to render international arbitration more expeditious and cost-effective.

"The Handbook is a comprehensive and in-depth analysis of UNCITRAL arbitration. As with the prior editions, this fourth edition of the Handbook of UNCITRAL Arbitration will provide an invaluable contribution to UNCITRAL arbitration." Anna Joubin-Bret Secretary, UNCITRAL Director, International Trade Law Division United Nations The Handbook of UNCITRAL Arbitration presents a practical, rule by rule guide to the UNCITRAL Arbitration Rules, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration. It reviews each stage of the UNCITRAL arbitration process, from the arbitration clause, through the arbitral proceedings, to the award. This highly anticipated fourth edition deals with the Rules as modified with the addition of the UNCITRAL Expedited Arbitration Rules that came into effect in September 2021. International arbitration is evolving rapidly, and the Handbook provides an up-to-date analysis of key aspects of arbitration law applicable to UNCITRAL arbitration wherever conducted. It deals with issues such as: The procedural issues for which a majority is required under art.33(1) of the Rules and those which the presiding arbitrator is entitled to decide on his or her own in the absence of a majority under art.33(2) of the Rules. The obligations of collegiality within the Tribunal with respect to procedural decisions and awards. The conduct of virtual procedural and substantive hearings, including case management conferences. The due process issues relating to admission – or exclusion – of evidence and amendments to claims. The role of the Appointing Authorities and in particular the role of the LCIA, ICC, SIAC and the Permanent Court of Arbitration. The law applicable to the arbitration agreement. With a discussion of the varying and conflicting approaches reflected in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb & Ors [2020] UKSC 38 and Kabab-Ji SAL v Kout Food Group UK Supreme Court ([2021] UKSC 48 in the UK and Kabab-Ji in France (French Supreme Court Civ. 1iere of 28 September 2022) The issue of joinder of non-signatories to an arbitration with particular reference to Dallah and Kabab-Ji (in the UK and France) Whether the courts adopt a deferential or non-deferential approach to reviewing jurisdiction with reference in particular to the decisions in the UK and the USA. Whether and how to challenge and arbitrator and the most recent challenge decisions, with an updated table of over 100 of such decisions. The updated IBA Rules on the Taking of Evidence in International Arbitration as amended in 2020. The US Supreme Court decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022) limiting the application of 28 USC §1782(a) regarding discovery in the United States in support of international arbitration. The most recent approaches to interim measures, including security for costs. The Handbook of UNCITRAL Arbitration is based on the author’s everyday practical experience in hundreds of arbitrations. It deals with the latest trends in international arbitration relating to issues such as the conduct of disclosure, the role of experts, the conduct of virtual hearings and other attempts to render international arbitration more expeditious and cost-effective.

Goff & Jones is the leading work on the law of unjust enrichment. Successive editions have played a major role in establishing the central importance of the subject for private and commercial lawyers and developing its key concepts and principles. The text is comprehensive in coverage and written by highly respected scholars who explain all of the rules governing claims in unjust enrichment and discuss how these have been applied through detailed examination of the case-law. The book is frequently cited in courts throughout the Commonwealth and continues to signpost future developments in the field. The new 10th edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Several chapters have been wholly or substantially rewritten to take account of significant new cases, and their impact on topics including the recovery of benefits from remote recipients, the recovery of benefits transferred on a condition that fails, the recovery of ultra vires payments by public bodies, the limitation rules governing claims in unjust enrichment and interest awards on such claims. The 10th edition deals with the following six key matters in relation to making a claim: Explains how a claim in unjust enrichment can be precluded where a defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit Considers the requirement that a defendant’s gain has been acquired at the claimant’s expense Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality Details the personal and proprietary remedies for unjust enrichment

Goff & Jones is the leading work on the law of unjust enrichment. Successive editions have played a major role in establishing the central importance of the subject for private and commercial lawyers and developing its key concepts and principles. The text is comprehensive in coverage and written by highly respected scholars who explain all of the rules governing claims in unjust enrichment and discuss how these have been applied through detailed examination of the case-law. The book is frequently cited in courts throughout the Commonwealth and continues to signpost future developments in the field. The new 10th edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Several chapters have been wholly or substantially rewritten to take account of significant new cases, and their impact on topics including the recovery of benefits from remote recipients, the recovery of benefits transferred on a condition that fails, the recovery of ultra vires payments by public bodies, the limitation rules governing claims in unjust enrichment and interest awards on such claims. The 10th edition deals with the following six key matters in relation to making a claim: Explains how a claim in unjust enrichment can be precluded where a defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit Considers the requirement that a defendant’s gain has been acquired at the claimant’s expense Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality Details the personal and proprietary remedies for unjust enrichment

Asbestos: Law & Litigation is the first comprehensive guide to claims for asbestos-related injury in the UK. It has been written by experienced practitioners involved in many of the leading cases on the subject. The scope of the book is wide-ranging; from the development of knowledge, to the law of damages, with all of the legal and practical issues in between. Key features include: Cutting-edge analysis of the medical aspects of asbestos-related conditions by leading experts Dr John Moore-Gillon and Dr Robin Rudd A history of asbestos and its uses In-depth analysis of the common law and statutory routes to liability in asbestos disease claims of all kinds An explanation of the complex insurance and reinsurance issues that arise in the context of cover for asbestos-related illness Guidance on the damages recoverable in civil actions and on the technicalities of applications for payments under the DMPS and other statutory schemes Practical advice on the specific procedural issues that arise in asbestos disease claims and inquests Key case law discussed: Steve Hill Ltd v Witham, Head v Culver Heating Co Ltd and Rix v Paramount Shopfitting Company Ltd: a recent trilogy of Court of Appeal judgments which clarified the proper approach to the assessment of losses in asbestos disease claims Bussey v Anglia Heating Ltd: a key Court of Appeal decision concerning the correct approach to foreseeable risks in tort law and the impact and relevance of important technical guidance documents in asbestos claims. HMG3 LTD v Dunn: bespoke High Court guidance on the court’s approach to the exercise of its discretion to disapply the primary limitation period in cases involving claims for fatal asbestos disease. Heneghan v Manchester Dry Docks Ltd: a significant Court of Appeal decision importing the Fairchild rule into asbestos lung cancer claims and also applying the “doubles the risk” test to causation based on epidemiological evidence. Chandler v Cape Plc: a groundbreaking decision (recently re-affirmed by the Supreme Court) and the first case in which the Court of Appeal confirmed that a parent company could owe a direct duty of care to an employee who had been exposed to asbestos by one of its subsidiaries. McDonald v National Grid Electricity: a landmark decision from the Supreme Court concerning the scope of the Asbestos Industry Regulations 1931. DP v Topmark Claims Management Ltd: the first reported decision concerning the Diffuse Mesothelioma Payment Scheme 2014, which answers a number of questions concerning its requirements. Key Legislation Includes: Third Parties (Rights against Insurers) Act 1930 and 2010 Asbestos Industry Regulations 1931 Factories Act 1937 and 1961 Asbestos Regulations 1969 Limitation Act 1980 Control of Asbestos at Work Regulations 1987 and 2002 Control of Asbestos Regulations 2006 and 2012

Jackson & Powell is the definitive text on Professional Liability. It provides comprehensive coverage of the law of professional liability. It is an essential reference point for every practitioner as it aids them in establishing whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists while explaining the remedies available. Key features Examines the nature of professional liability Deals with subjects of general application and delves into specific professions Discusses the difference between tortuous liability and contractual liability Considers the duties and obligations of a professional including positive duties and restrictions Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience Discusses changes in the standard required by professional Explains the nature of a fiduciary duty including unauthorised profits and undue influence Discusses the origins of the duty of confidentiality including the continuing duty to former clients Differentiates between limitation in contract, tort and equity

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters) Contains example claims and defences Provides specific practical guidance on each precedent Written by an expert team of over 60 barristers

Disclosure provides an authoritative and detailed analysis of the law relating to disclosure, i.e., the process whereby the parties to a legal action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. Key Features: Provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action Covers both documentary and non-documentary disclosure Considers the timing when disclosure should be made Examines the granting of Norwich Pharmacal relief and other forms of pre-action disclosure Discusses who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure Considers the issue of privilege and the waiver of it Examines the consequences of a failure to comply with the requirement to disclose Looks at collateral use of documents, information requests, and expert reports Covers disclosure in a wide range of Courts and Tribunals, and the continuing effects of the Human Rights Act 1998 Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands New material in the Sixth Edition: The Sixth Edition brings the work up to date. In particular, it covers the important transition from the Disclosure Pilot Scheme to the new Practice Direction for Business and Property cases. It also includes the following cases, to name but a few: Cases on redaction, such as TVZ v Manchester City FC Ltd [2021] EWHC 1179 (QB) Cases about electronic disclosure, such as Sportsradar AG v Football Dataco Ltd [2022] CAT 37 Cases dealing with inspection of documents, like Michael Wilson & Partners Ltd v Emmott [2022] EWHC 730 (Comm) Cases on experts, such as Pickett v Balkind [2022] 4 WLR 88 Important privilege cases, such as Director of the Serious Fraud Office v Eurasian Natural Resources Ltd [2018] EWCA Civ 2006, WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652, and R (Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35 Information request cases, including Al-Saud v Gibbs [2022] 1 WLR 3082, Vardy v Rooney [2022] EWHC 1209 (QB) and Fairclough v Tasi Ltd [2022] EWHC 2714 (Ch) Cases on failure to comply, like Ocado Group Plc v McKeeve [2021] EWCA Civ 145 and Olympic Council of Asia v Novans Jets LLP [2023] EWHC 276 (Comm) Cases on access to the court file, such as Cape Intermediate Holdings Ltd v Dring [2020] AC 629

Disclosure provides an authoritative and detailed analysis of the law relating to disclosure, i.e., the process whereby the parties to a legal action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. Key Features: Provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action Covers both documentary and non-documentary disclosure Considers the timing when disclosure should be made Examines the granting of Norwich Pharmacal relief and other forms of pre-action disclosure Discusses who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure Considers the issue of privilege and the waiver of it Examines the consequences of a failure to comply with the requirement to disclose Looks at collateral use of documents, information requests, and expert reports Covers disclosure in a wide range of Courts and Tribunals, and the continuing effects of the Human Rights Act 1998 Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands New material in the Sixth Edition: The Sixth Edition brings the work up to date. In particular, it covers the important transition from the Disclosure Pilot Scheme to the new Practice Direction for Business and Property cases. It also includes the following cases, to name but a few: Cases on redaction, such as TVZ v Manchester City FC Ltd [2021] EWHC 1179 (QB) Cases about electronic disclosure, such as Sportsradar AG v Football Dataco Ltd [2022] CAT 37 Cases dealing with inspection of documents, like Michael Wilson & Partners Ltd v Emmott [2022] EWHC 730 (Comm) Cases on experts, such as Pickett v Balkind [2022] 4 WLR 88 Important privilege cases, such as Director of the Serious Fraud Office v Eurasian Natural Resources Ltd [2018] EWCA Civ 2006, WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652, and R (Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35 Information request cases, including Al-Saud v Gibbs [2022] 1 WLR 3082, Vardy v Rooney [2022] EWHC 1209 (QB) and Fairclough v Tasi Ltd [2022] EWHC 2714 (Ch) Cases on failure to comply, like Ocado Group Plc v McKeeve [2021] EWCA Civ 145 and Olympic Council of Asia v Novans Jets LLP [2023] EWHC 276 (Comm) Cases on access to the court file, such as Cape Intermediate Holdings Ltd v Dring [2020] AC 629

Disclosure provides an authoritative and detailed analysis of the law relating to disclosure, i.e., the process whereby the parties to a legal action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. Key Features: Provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action Covers both documentary and non-documentary disclosure Considers the timing when disclosure should be made Examines the granting of Norwich Pharmacal relief and other forms of pre-action disclosure Discusses who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure Considers the issue of privilege and the waiver of it Examines the consequences of a failure to comply with the requirement to disclose Looks at collateral use of documents, information requests, and expert reports Covers disclosure in a wide range of Courts and Tribunals, and the continuing effects of the Human Rights Act 1998 Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands New material in the Sixth Edition: The Sixth Edition brings the work up to date. In particular, it covers the important transition from the Disclosure Pilot Scheme to the new Practice Direction for Business and Property cases. It also includes the following cases, to name but a few: Cases on redaction, such as TVZ v Manchester City FC Ltd [2021] EWHC 1179 (QB) Cases about electronic disclosure, such as Sportsradar AG v Football Dataco Ltd [2022] CAT 37 Cases dealing with inspection of documents, like Michael Wilson & Partners Ltd v Emmott [2022] EWHC 730 (Comm) Cases on experts, such as Pickett v Balkind [2022] 4 WLR 88 Important privilege cases, such as Director of the Serious Fraud Office v Eurasian Natural Resources Ltd [2018] EWCA Civ 2006, WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652, and R (Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35 Information request cases, including Al-Saud v Gibbs [2022] 1 WLR 3082, Vardy v Rooney [2022] EWHC 1209 (QB) and Fairclough v Tasi Ltd [2022] EWHC 2714 (Ch) Cases on failure to comply, like Ocado Group Plc v McKeeve [2021] EWCA Civ 145 and Olympic Council of Asia v Novans Jets LLP [2023] EWHC 276 (Comm) Cases on access to the court file, such as Cape Intermediate Holdings Ltd v Dring [2020] AC 629

Jackson & Powell is the definitive text on Professional Liability. It provides comprehensive coverage of the law of professional liability. It is an essential reference point for every practitioner as it aids them in establishing whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists while explaining the remedies available. Key features Examines the nature of professional liability Deals with subjects of general application and delves into specific professions Discusses the difference between tortuous liability and contractual liability Considers the duties and obligations of a professional including positive duties and restrictions Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience Discusses changes in the standard required by professional Explains the nature of a fiduciary duty including unauthorised profits and undue influence Discusses the origins of the duty of confidentiality including the continuing duty to former clients Differentiates between limitation in contract, tort and equity

The European Private International Law of Obligations deals with conflict of laws as mediated by European rules and regulations. It provides unrivalled analysis of the Rome I and Rome II Regulations and their practical implications, helping practitioners interpret them since they came into force in 2009. It supplies expert commentary on the scope, principles and application of Rome I, governing the construction of contracts, and the rules governing non-contractual obligations under Rome II. Between them the Rome Regulations comprise a common set of rules for the choice of law in international private law disputes, whether contractual or non-contractual. Practical knowledge of and guidance on the Regulations is essential for all practitioners involved in commercial transactions that involve an international element. FEATURES Takes practitioners step by step through the Rome Regulations Explains the terms and concepts used in the Regulations Provides warnings of problems that can arise and suggests answers to problems of interpretation Discusses contracts of carriage, consumer contracts, insurance contracts, employment contracts, mandatory rules and ordre public, showing how Rome I applies to each Covers the rules governing non-contractual obligations under Rome II, including product liability, liability for breach of competition rules, intellectual property, industrial action, environmental damage, unjust enrichment, negotiorum gestio and culpa in contrahendo Puts the Regulations into their historical context, aiding their correct interpretation Covers the implementation of the Regulations in the UK, European Court of Justice cases concerning the Regulations and other related EU private international law instruments, and decisions of the English courts Explains how the Regulations are to be applied in the UK following the withdrawal of the UK from the EU

The European Private International Law of Obligations deals with conflict of laws as mediated by European rules and regulations. It provides unrivalled analysis of the Rome I and Rome II Regulations and their practical implications, helping practitioners interpret them since they came into force in 2009. It supplies expert commentary on the scope, principles and application of Rome I, governing the construction of contracts, and the rules governing non-contractual obligations under Rome II. Between them the Rome Regulations comprise a common set of rules for the choice of law in international private law disputes, whether contractual or non-contractual. Practical knowledge of and guidance on the Regulations is essential for all practitioners involved in commercial transactions that involve an international element. FEATURES Takes practitioners step by step through the Rome Regulations Explains the terms and concepts used in the Regulations Provides warnings of problems that can arise and suggests answers to problems of interpretation Discusses contracts of carriage, consumer contracts, insurance contracts, employment contracts, mandatory rules and ordre public, showing how Rome I applies to each Covers the rules governing non-contractual obligations under Rome II, including product liability, liability for breach of competition rules, intellectual property, industrial action, environmental damage, unjust enrichment, negotiorum gestio and culpa in contrahendo Puts the Regulations into their historical context, aiding their correct interpretation Covers the implementation of the Regulations in the UK, European Court of Justice cases concerning the Regulations and other related EU private international law instruments, and decisions of the English courts Explains how the Regulations are to be applied in the UK following the withdrawal of the UK from the EU

First published in 1989 and now in its eighth edition, Lewison’s Interpretation of Contracts has established itself as an indispensable resource on contracts and the leading text in its field. This essential work provides authoritative guidance to constructing and interpreting contracts. It enables practitioners to navigate the key statutes and case developments in this area, informing the process of drafting or revising a contract by identifying key principles and discussing them comprehensively, yet concisely, with reference to case law. By enabling lawyers to construct arguments rooted in case law, this book helps lawyers better challenge contracts and explain their inadequacies. Features: The structure is very straightforward: a general proposition is followed by more detailed explanation with generous quotation from judgments. The scope keeps to the principles that the courts deploy in interpreting contracts, and is thus of direct, practical relevance to barristers. The style of approach is practical rather than theoretical. It is designed for the busy practitioner. The coverage includes all the cases of importance in interpreting contracts (including many that are unreported). The book goes through each component of a contract, setting out the basic proposition, followed by analysis and the most relevant judicial decisions for practitioners. It identifies the materials available to aid in the interpretation of contracts, analysing each: the contract document, related documents, drafts, previous agreements, pre-contract agreements and negotiations, and contractual terms. Gives background on the impact of law and precedent on interpretation, including the court’s approaches to standard forms such as conveyancing agreements. Lays out the golden rule as regards the meaning of words, and its operation in practice through key decisions. Assesses the dispute resolution options in the context of contract interpretation, including choice of law and scope of jurisdiction clauses. Covers the circumstances in which terms can be implied and fulfilled, including important developments following the Belize Telecom case, and the extent to which entire agreement clauses preclude the implication of terms. Looks at the rules of construction, including the consideration of a clause in the context of a whole document, the addition of special conditions to a standard form of contract and the relationship of general and special provisions. Explains the meaning and operation of patent and latent ambiguity and their effects on the contract, as well as uncertainty, mistake and inconsistencies. Explores the impact of Rainy Sky SA v Kookmin Bank and subsequent cases regarding ambiguity and ‘business common sense’. Considers the preliminary parts of a deed (everything preceding the habendum), analysing in-depth the effect of recitals. Reviews the subject matter of a contract, such as the inclusion or otherwise of a parcel of land, admissible evidence to identify the subject matter, evidence of physical features and plans. Covers exclusion clauses, including indemnity, time-bar and non-reliance clauses, and the exclusion of rights and remedies; and force majeure clauses. Considers the inclusion of certificates, consents and deeming clauses Analyses issues of time stipulation and punctuality, in contracts such as mercantile and conditional contracts. Explains conditions and conditional contracts, including the impact of Jet2 v Blackpool Airport on best endeavours obligations. Discusses in detail clauses relating to penalties, termination and forfeiture. What's New: This new edition updates the reader on key developments since the last edition was published in 2020. Close to 200 new cases considered. Small stream of cases to the Supreme Court on implied terms, the effect of conclusive certificates and the scope of liquidated damages clauses. Usual steady flow of cases in the Court of Appeal and the High Court marking a period of consolidation rather than innovation. A fully revised and reorganised Chapter 12 on Exemption Clauses to reflect the greater prominence now given to the general presumption that parties do not give up valuable rights without clear words.