When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyer's main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after-thought when in fact it is the issue of remedies which is a constant and ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's leading specialists, brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principal issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best-known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah, who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition. Not for the first time, Professor Atiyah thinks the unthinkable.

This book is about the law of remedies. It establishes the boundaries of this discrete area of law and provides a new classification of remedies. Zakrzewski first examines the difficulties of the term 'remedy', and identifies the most robust notion of a remedy. Remedies are broadly approximated to court orders; more strictly, they are the rights arising from these orders. This enables a rigorous separation of remedies from substantive rights, that is, rights which exist before the making of a court order. The author then reviews established classifications of remedies, showing how they are seriously deficient and developing a new taxonomy based upon the relationship between substantive rights and remedies. This provides a much better understanding of that relationship, especially of the role of judicial discretion in the granting of remedies. The book then moves on to provide an overview of remedies in private law within the new analytical framework. It shows how each order that may be made by a court in a civil case gives effect to the substantive rights of the parties to the dispute. Particular primary and secondary (or remedial) rights, such as rights to damages, are carefully disentangled from the remedies which effectuate them, and the similarities and differences between various remedies are revealed. This book provides a new way to view remedies and substantive rights. It insists that the law of remedies must not reproduce parts of the law of substantive rights under a different name. For the first time, remedies are established as a stable and distinct area of law.

Aufgrund der zunehmenden Globalisierung der Wirtschaftsbeziehungen ist es zu einer weltweiten Vernetzung der anwaltlichen Tatigkeit gekommen. Im Rahmen der grenzuberschreitenden anwaltlichen Tatigkeit stellt sich die Frage, welchem Berufsrecht die Anwalte verpflichtet sind. Vor diesem Hintergrund geht diese Arbeit der Frage nach, wie die Verschwiegenheitspflicht, ein zentraler Aspekt des anwaltlichen Berufsrechts, in Deutschland und Frankreich ausgestaltet ist, und welche Konsequenzen sich daraus fur die grenzuberschreitende Tatigkeit eines deutschen Anwalts in Frankreich ergeben. Insbesondere auf die Besonderheit der confidentialite des correspondances wird unter berufsrechtlichen, prozessrechtlichen und strafrechtlichen Gesichtspunkten eingegangen.

"Tanya Acker lays out a common sense approach to deciding when to go-or not to go-to court. Make Your Case is straightforward and an invaluable resource from someone with the legal insight to tell it like it is." -Judge Judy Sheindlin Tanya Acker, co-star of the nationally syndicated and Emmy-nominated show Hot Bench, demystifies civil litigation-from common lawsuits to new cases emanating from Covid-19 and looting (tenant vs. landlord rent disputes, small business damage, and more)-and lays out an expert's guide to legal proceedings inside the courtroom and out, giving readers professional insider information they need to find THEIR WIN in a lawsuit. Millions of people end up in civil court each year. They assume going to court is the next logical step in their fight, but they often have little idea about how the court system works or what they can reasonably expect of it. They make poorly informed judgments about whether court is the best option for solving a problem, what kind of solutions it can provide, and why it proceeds in the (sometimes) counterintuitive way it does. They think "winning" is only about the judgment or verdict rendered by judge or jury. Those "wins" are great-but if you don't know what the process can exact from you or why it works as it does, that blind procession to victory can end up costing you your real win. In Make Your Case, Tanya Acker cuts straight to the essentials, providing curated, targeted advice based on her extensive experience regarding exactly what people want to know: what happens during court proceedings and why, and how to best prepare for it-or how to avoid court entirely and find a better way. Be smart. Be ready. Make your case.

Fourth in the popular and well-regarded SPTL seminar series, this book explores the concepts of privacy and loyalty in the law of obligations. Privacy and fiduciary obligations are two very topical subjects. The contributions include: "Privacy as a Constitutional Right and Value" by Eric Barendt; "Comparative Rights of Privacy of Public Figures" by Basil Markesinis and Nico Nolte; and "Constructive Fiduciaries?" by Lionel Smith. These essays combine practical and academic perspectives which highlight contemporary trends in the law of obligations. In addition to the essays, there is an extended editor's introduction by Peter Birks, a recognized expert in this field.

Disclosure of Information: Norwich Pharmacal and Related Principles offers clear and concise procedural guidance and comprehensive legal analysis of the key ingredients of the jurisdiction dealing with: * Wrongdoing * Involvement * Necessity * Discretion and scope of relief It is the only book available that deals solely with this important and distinctive power of disclosure developed (and continuing to develop) in the English Courts. This invaluable resource: * considers Norwich Pharmacal orders in depth as well as examining the Bankers Trust jurisdiction and other species of relief such as third-party disclosure, pre-action disclosure and the use of subject access request * addresses developments in the field of third party disclosure in proceedings issued against persons unknown * includes practical examples illustrating how the jurisdiction is relevant in different scenarios that can be faced * explores specific topics such as the use of Norwich Pharmacal against internet service providers and social media operators * includes a chapter on the extra-territorial scope of the Norwich Pharmacal jurisdiction - of particular interest to litigators dealing with cross-border fraud issues The book combines detailed legal commentary with sound practical guidance and is essential reading for litigation practitioners and practitioners involved in commercial disputes.

Whether assessing general family functioning or specific areas of conflict, professionals preparing child custody evaluations require sound knowledge of three interrelated fields: up-to-date legal issues, psychological findings, and forensic procedures. This book covers these three essential areas to walk readers through the evaluation process clearly and concisely. It further provides a unique combination of legal guidelines with social science research.

In this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.

The new edition of this best selling work strikes a balance between the theory of the law of evidence and its practical application in a constitutional setting.

Special attention is given to constitutional issues, the impact of these sections on the Anglo-South African law of evidence, and the extent to which some of them may be subject to constitutional challenges.

A discussion of the provisions of the Electronic Communications and Transactions Act 25 of 2002 relating to the law of evidence and the consequences of the repeal of s 66 of the Internal Security Act 74 of 1982 are included.

The number of books and articles dealing with various aspects of World War II has increased at a phenomenal rate since the end of the hostilities. Perhaps no other chapter in this bloodiest of all wars has received as much attention as the Holo caust. The Nazis' program for the "Final Solution of the Jewish Question" - this ideologically conceived, diabolical plan for the physicalliquidation of European Jewry - has emerged as a subject of agonizing and intense interest to laypersons and scholars alike. The centrality of the Holocaust in the study of the Third Reich and the Nazi phenomenon is almost universally recognized. The source materials for many of the books published during the immediate postwar period were the notes and diaries kept by many camp and ghetto dwellers, who were sustained during their unbelievable ordeal by the unusual drive to bear witness. These were supplemented after the liberation by a large number of personal narratives collected from survivors alI over Europe. Understandably, the books published shortly after the war ended were mainly martyrological and lachrymological, reflecting the trauma of the Holocaust at the personal, individual level. These were soon followed by a considerable number of books dealing with the moral and religious questions revolving around the role ofthe lay and spiritual leaders of the doomed Jewish communities, especially those involved in the Jewish Councils, as well as God' s responsibility toward the "chosen people."

This book charts the historical and current interaction between lawyers and mediation in both the common law and civil law world and analyses a number of issues relevant to lawyers' part in the process. Lawyers have in the past and continue to play many roles in the context of mediation. While some are champions for the process, many remain on the fringes and apathetic, while others are openly sceptical or even anti-mediation in their stance. Yet others may have embraced mediation but, it is argued, for cynical, disingenuous reasons. By reviewing existing empirical evidence on lawyers' interactions with mediation and by examining historical and current trends in lawyers' dalliance with mediation, this book seeks to shed new light on a number of related issues, including: lawyers' resistance to mediation; lawyers' motives for involvement with mediation; the appropriateness of lawyers acting as mediators and party representatives; and the impact that both lawyers and the increasing institutionalisation of mediation have had on the normative form of the process, as well as the impact that mediation experience heralds for lawyers and legal systems in general.

The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book's achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.

The increasing role that NGOs play at different levels of legal relevance - from treaty-making to rule implementation, and from support to judges to aid delivery - calls for reconsideration of the international legal status of those organizations. This book shows that the degree of flexibility currently enjoyed by NGOs in fields as varied as human rights, the environment and the European Union development cooperation policy constitutes the best arena for all actors involved, with the consequences that the instances where more strict regulation of NGOs' participation is desirable are very limited. With each chapter focusing on a different modality of NGO participation in international affairs (from formalised legal statuses to informal ways of dealing with issues of international relevance), this book will be of great interest to academics specialised in international law, political scientists, international officials working for both international organisations and non-governmental organisations, and legal practitioners (legal counsels of international organisations, lawyers and judges).

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques.
As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

This book is addressed to practitioners and for the first time, offers a broad comparative overview of current legal provisions regarding employee ownership stakes in Europe.

In dem Handbuch werden alle relevanten Anspruchsgrundlagen und Problemfelder bei schadigendem Verhalten der oeffentlichen Hand (Bund, Lander und Gemeinden mit allen Untergliederungen) verstandlich, umfassend und systematisch dargestellt. Erlautert werden Anspruche aus Amts- und Staatshaftung wie auch aus Enteignung, Aufopferung sowie sonstige Ersatz- und Ausgleichsanspruche. Der Band orientiert sich vorwiegend an der hoechst- und obergerichtlichen Rechtsprechung und liefert Hinweise auf entsprechende Regelungen in Europa und in anderen Landern.

Arbitrators are not bound by other arbitral tribunals' awards. However, they frequently refer to prior decisions. This book explores the de facto precedential effect of arbitral awards. It also addresses the salient issues of arbitral law-making and consistency in international commercial and investment arbitration.

In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to encourage mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began.

This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further juridification process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation.

The book will be of great interest to academics and students of legal theory and dispute resolution.

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.