This volume explores the relationship between constitutional and regulatory questions on the one hand, and private law on the other hand, examining how European private law has developed under the influence of regional legal traditions and the EU acquis communautaire. It focuses on the multiple actors and institutions that today contribute to legal and cultural integration within a multi-level framework, involving Member States and subnational actors together with EU Institutions. It underlines the different roles of legislators, regulators and judges in building an integrated market which is consistent with fundamental rights and social policies. It also highlights the principles and institutions that may preserve national legal identities in the context of European legal and political integration, striking a difficult balance between harmonization and differentiation. Within this framework the volume questions the current boundaries of European private laws and proposes a coordinated perspective which examines competition, regulation and private law alike. The book focuses in particular on competition and consumer law, and on tort and regulation. Attention is also drawn to the strategic role to be played by private international law. It is argued that the distinction between private and public law should be redefined by acknowledging a new balance between public institutions and private parties. The collection contains several proposals for furthering the process of Europeanization of private law without losing the richness of existing western legal traditions as they have developed in previous centuries. It calls on European and national institutions to involve practitioners in devising new patterns of legal integration and in transforming European legal education. This book is an original contribution to the scholarly and policy debates about the desirability and modes of Europeanization of private law, in a context in which the pressures of globalization and of national identities seem to question the chosen path of integration.

Now in its second edition, Personal Injury Law: Liability, Compensation and Procedure (previously known as Compensation for Personal Injuries in the 1st edition) is a uniquely convenient and reliable reference work, providing clear summaries of the law, and easy access to the key relevant claims, practice rules, statutes and materials across the whole range of modern personal injury practice. This edition has been fully updated and covers a number of new cases along with more practical advice. Each of the 64 chapters begins with a concise account of the main points of law followed by the relevant source material, annotated with case references and finer details The book also includes: * All relevant statutory texts * Relevant parts of the key Health and Safety Regulations * Full text of the 2004 JSB Guidelines * Extracts from the Ogden Tables * The CICA scheme and MIB agreements * Legal and medical glossaries * Anatomical illustrations Whether concerned mainly with claimants or defendants, users of this book can rely on it as a sure guide in the complex area of personal injury law and practice. A companion website dedicated to developments in this area of the law, will keep the book up-to-date. This can be found at the following location: http://www.oup.com/uk/law/practitioner/cws

Obtaining justice through Japan's civil justice system requires a nuanced understanding of Japanese legal culture, particularly the fundamental differences between the notion of individual rights that underlies American law and the adversarial system, and the deeply ingrained sense of 'group rights' and conciliation that is becoming more a part of the way law in Japan is actually practiced. This timely guide is unique in relating modern civil procedure to aspects of Japanese society from both the feudal and prewar period. Particularly useful for the busy practitioner is the checklist of differing societal and cultural approaches of the American and Japanese systems that have major impact on current legal practices.
Also includes an in-depth analysis of:
The philosophical bent of the supreme court
How the judicial system has responded to the demands of the urban population
How new reforms in lawyer training are expected to improve the civil justice system
Contemporary avenues and uses of Alternative Dispute Resolution.

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.

This volume provides a complete and authoritative English translation of Parts I, II, and III of the Russian Civil Code, which entered into force in complete form in March 2002. The Civil Code is the central document of market reforms in Russia, dealing with the law of persons (including companies), ownership, contract in all forms, tort, unjust enrichment, inheritance, and private international law. It has been translated from the Russian by Professor Butler, an acknowledged expert in the field, and benefits from a detailed article-by-article table of contents, a thorough subject-index to the Code, and a Russian-English glossary of civil law terms.

The past decade has seen major developments in the law regarding personal injury claims which relate to psychiatric injury. The law is complex and in many respects illogical, and claims for damages for psychiatric conditions can be difficult to pursue. Now in its second edition, and substantially rewritten, Napier and Wheat's Recovering Damages for Psychiatric Injury reviews the legal context in which such claims must be framed.
The book concentrates on claims made in negligence and employers' liability, but also examines claims made in contract and in intentional torts. Claims are divided up into the so-called 'shock' cases and non-shock cases, and the author has also included a new chapter on employers' liability with particular focus on 'stress' claims. Two chapters are devoted to the medical aspects of psychiatric injury claims, including Post-Traumatic Stress Disorder. The book contains analyses of the main cases which have shaped the present state of the law and examines some options for reform.
The author gives practical advice on how to identify a potential psychiatric injury case, quantum of damages, and procedural steps. This second edition also includes an outline of the Criminal Injuries Compensation Scheme. Aimed primarily at legal practitioners, the book will also be of interest to students and members of the medical profession.

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Kommt es im Nachgang an ein Strafverfahren zu einem ausserstrafrechtlichen Folgeverfahren, stellt sich die Frage, wie mit Verdachtsmomenten umzugehen ist. Besonders im Fall eines Freispruchs aus Mangel an Beweisen bestehen Schwierigkeiten, den Schutz des Freigesprochenen auch im Folgeverfahren zu gewahrleisten ohne Rechte Dritter zu beschranken. Der Europaische Gerichtshof fur Menschenrechte begegnet dieser Problematik mit einer Ausweitung der Unschuldsvermutung auf den ausserstrafrechtlichen Bereich. Zentrales Thema dieser Arbeit ist, ob diese Rechtsprechung in das deutsche Recht transferiert werden kann. Die Autorin setzt sich mit der einschlagigen Rechtsprechung und Literatur auseinander und kommt zu einer vermittelnden Loesung. Daraus entwickelt sie konkrete Praxishinweise.

The Law of Limitation offers a comprehsive analysis of the impact of periods of limitation on civil litigation in England and Wales.
It examines the individual periods of limitation prescribed by the Limitation Act 1980 (as amended) in respect of specific causes of action and concludes with a discussion of the principal statutory limitation periods other than those governed by the 1980 Act.
The book also contains an Appendix of useful precedents

With an increasing concentration of legal harmonization and a rising number of decisions by the European Court of Justice, methodological questions, and the associated constitutional issues, are increasingly rising to the forefront. The contributions made at the second meeting of the law faculties of Athens and Bochum, held in Athens in summer 2010, address these issues and are published in this volume. The editors and authors consider the diversity of the varying perspectives of the member states and of legal sub-disciplines as advantageous and fertile grounds for the necessary and inevitable discussions of these matters at the level of European Union legislature.

This book provides the first detailed examination of how individuals or companies can enforce their rights under competition law against other private parties in the EU, UK and USA. The author, an experienced practitioner in the field, provides a comparative analysis of how the issues that are central to US private litigation such as locus standi, antitrust injury, methods of proof of damage and the principles of antitrust damage calculation should be addressed in the EU and UK. Specific examples of US case law and the judicial application of damage rules are examined in detail so as to draw practical conclusions for antitrust legislation in Europe.

The creation of a civil code in the Peoplesa (TM) Republic of China has been underway for quite some time. Debates have arisen within this process, one of which relates to the manner in which personality rights should be included in the codification. The issue of whether a general personality right for legal entities should be included in the civil code has proven especially controversial.This work on the personality right under private law in the Peoplea (TM)s Republic of China focuses on the current and possible future scope of the protection offered under the personality right. On the one hand, the extent of protection in personal terms, namely the question of who is considered to be a holder of personality rights, is examined. On the other hand, the extent of the personality right holdera (TM)s protection in factual terms is considered, i.e. which aspects are included under personality right protection.

Mergers and acquisitions occur for many legitimate reasons and should be encouraged as a matter of general policy, yet the resulting increase in the level of market concentration and market strength can lead to concerns that certain 'deals' may irreparably damage the market structure and create anti-competitive effects. This volume explores the competition concerns arising out of mergers and acquisitions, the reasons for merger control and the fundamental options that face all jurisdictions intent on implementing an effective merger control regime. The volume acts as a guide through the development of merger control law, policy and scholarly thought and includes commentary on each of the key stages of any effective merger control regime. The articles consider the objectives of merger control and the broader political landscape within which mergers take place; the procedural issues in merger control, including jurisdictional matters and due process; the different substantive legal standards incorporated into merger control; the relevant theories of harm and the appropriate treatment of efficiencies; and the use of remedies in merger control. The chosen articles mainly, but not exclusively, focus on the US and EU, and several adopt a cross-disciplinary approach encompassing law, political science and economics.

[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.

The aim of this book is to provide a helpful guide for practitioners in the magistrates' and county courts to the realities of conducting a successful case. The revised text includes the latest developments in all areas of the law of evidence, including confessions and the Codes of Practice, character and similar-fact evidence, the evidence of children and the use of written witness statements in civil cases.;References are made to the changes that may be introduced by the Criminal Justice and Public Order Bill. Peter Murphy has also written " A Practical Approach to Evidence" and was co-author of "Cases and Materials on Evidence."