This book is intended as a complement to the authors' Insurance Law: Doctrines and Principles,following its general pattern but integrating the jurisprudence from other common law jurisdictions, particularly the USA, as a means of demonstrating how problems which have long confronted the English courts frequently receive different legislative/judicial responses elsewhere. Although the emphasis of the book lies with the case law spanning some two centuries, the authors introduce each section with a brief narrative designed to focus the reader's attention as he or she works through the cases. A critical approach is adopted and emphasis is given to major journal articles and to the current UK and EU reform agenda. Readership: undergraduates, external students taking the London LL.M Insurance Law course, CII candidates and those who lack access to a law library.

This book deals with the cartel offense introduced into UK law by the Enterprise Act 2002. It is now, for the first time, a criminal offense to operate certain cartel arrangements in the UK, and those found guilty of the offense face the prospect of fines and/or imprisonment. This presents new challenges for competition lawyers, who may not have expertise in criminal law, and criminal lawyers who are unlikely to have expertise in the complex substantive issues raised by competition law. This book addresses these issues, providing a guide to the workings of the provisions, explanations of the definitions set out in the Act, and an analysis of the relationship of the new offense with the existing UK and EC competition law. Human rights issues and practical considerations in the application of the relevant procedural law are also dealt with. Relevant OFT guidance and statutory provisions are published in the Appendix.

This book provides a complete course in business law. It focuses on the key topics in the subject each of which are defined clearly at the start of each chapter. Besides covering the traditional elements within any business law course it also incorporates subjects of a contemporary nature within the subject. The attractive and easy-to-read format makes it accessible to the reader, but the content retains the academic rigour required for examination success. It provides a comprehensive and readable text for those wishing to acquire a knowledge of this important subject. It contains many references to cases and statutes, all of which are tabulated for easy reference.

This book presents a new analysis of the word-order alternation of English transitive phrasal verbs (aka Particle Movement) from a cognitive-functional and psycholinguistic perspective. Its main objective, however, is a methodological one, namely to demonstrate the superiority of corpus-based, multifactorial and probabilistic approaches towards grammatical phenomena over traditional analyses based on acceptability judgements and minimal pair tests.

This work is an English translation, featured opposite the original Dutch text, of the new law on companies and other legal persons contained in Book 2 of the Netherlands Antilles Civil Code, which entered in force on 1 March 2004. It includes a translation of the transitional regulations enacted following the introduction of the new legislation. The translation made by H.C.S. Warendorf, member of the Amsterdam Bar, and R.L. Thomas, solicitor in London, is published in Kluwer Law International's Series of Legislation in Translation. For non-Dutch speaking residents of the Netherlands Antilles and Aruba, practitioners advising on Netherlands Antilles law as well persons or firms interested in the regulation of company and corporate law, this work will be essential. H.C.S. Warendorf and R. L. Thomas, experienced legal translators, made similar translations of Dutch corporate and commercial law in the loose leaf series Companies and Other Legal Persons under Netherlands and Netherlands Antilles Law and Netherlands Business Legislation, published by Kluwer Law International.

In recent years there have been many changes in business p ractices, technology, legislation, and international trade, particularly within Europe. These changes have had an im pact on both the legal principles and the practices of the business community. Consequently these changes have been reflected in the syllabuses of the major professional bodi es and degree courses. This book examines these legal dev elopments and offers an accessible and comprehensive text for both professional students and undergraduates studying business law.

This new edition of Modern Business Law: Principles and Practice covers both traditional and contemporary elements of business law and all relevant legislation, including European legislation, which impinges upon the business environment. In recent years there have been many changes in business practices, technology, legislation, and international trade, particularly within Europe. These changes have had an impact on both the legal principles and the practices of the business community. Consequently these changes have been reflected in the syllabuses of the major professional bodies and degree courses. This book examines these legal developments and offers an accessible and comprehensive text for both professional students and undergraduates studying business law.

In the past twenty years action in respect of the profits of crime has moved rapidly up the criminal justice agenda. Not only may confiscation orders be made,but there are also now serious substantive criminal offences of laundering the proceeds of crime. Moreover, the consequences of the regulatory regimes put in place by the Money Laundering Regulations 1993 and the Financial Services Authority are very significant. This book examines critically the history, theory and practice of all these developments, culminating in the Proceeds of Crime Act 2002, which marks another step in the move towards greater concentration both on the financial aspects of crime and on the internationalisation of criminal law. The Act puts in place the Assets Recovery Agency, which will be central to the strategy of targeting criminal monies and will have power to bring forfeiture proceedings without a prior criminal conviction and to raise assessments to taxation. The author subjects the law of laundering, especially the novel aspects of the Proceeds of Crime Act itself, to thorough analysis and a human rights' audit. Contents: Introduction; The Economics of Money Laundering; Theory: Justifications for Forfeiture, Confiscation, and Criminalisation; History of Forfeiture and Confiscation Provisions; The International Dimension; Forfeiture Provisions; Statutory Confiscation Provisions; Investigatory Powers; Beyond Confiscation - Criminalisation; Acquisition and Deployment of Money for Terrorism; Confiscation without Conviction - 'Civil Recovery'; Money Laundering and the Professions

The essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO,focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.

"Regulatory Encounters" reports on a path-breaking study of how government regulation of business in the United States differs in practice from regulation in other economically advanced democracies.
In each of ten in-depth case studies, the contributors to this volume compare a particular multinational corporation's experience with parallel regulatory regimes in the United States and in Japan, Canada, Great Britain, Germany, The Netherlands, and the European Union, noting precisely which regulatory precautions were actually implemented in each country. The regulatory systems analyzed include aspects of environmental protection, product safety, debt collection, employees' rights, and patent protection. The studies in "Regulatory Encounters "indicate that the adversarial and legalistic character of American regulation imposes higher costs and delays on economic activity than comparable regulatory regimes in other economically advanced democracies, and often does not generate higher levels of protection for the public.

The first edition of Evidence and the Adversarial Process was published in 1992. Since then the law of evidence has undergone many significant changes, for example to the right to silence, the rules on disclosure, corroboration and the treatment of child witnesses. Despite substantial revision of the original text, the themes of the first edition are retained: to what extent is the content of the law of evidence dictated by the adversarial form of trial, and is it worth retaining? Do the rules of evidence operate in the interests of justice? The new edition is designed not only to interest readers already conversant with the law of evidence but to be used as a text by law teachers interested in a more discursive approach than that employed by traditional evidence textbooks. To this end, it contains more explanatory material than the first edition, and should be entirely comprehensible to the novice. The objective is to provide a self-contained but critical account of the manner in which cases are tried in England and Wales. As such it is ideal for students of law studying for university and professional examinations.

The development of judicial review has been one of law's great growth industries for more than a quarter of a century. It is the public bodies whose activities are routinely subjected to judicial scrutiny which have felt the effects of judicial review most keenly. There has also been a trend in recent years towards judicial review of private bodies whose activities include a public aspect. This has meant a growing awareness,in industry and commerce, of the potential for review of regulatory decisions. In light of the growing importance of this branch of public law, the LSE and Brick Court Chambers decided jointly to host a series of seminars out of which this book has developed. In this important new book expert academics and practitioners (some of them lawyers working in regulated industries) analyse the origins and modern growth of judicial review in the commercial context and attempt to analyse the way in which the law may develop in the future.

The reform of commercial law through harmonisation, unification, codification and other means remains one of the most important projects in developing the institutional architecture for the global economy. This edited collection engages with the challenges and contributes to a greater understanding of the problems faced by states, international organisations, and private sector actors in this ongoing reform project for commercial law. The volume takes stock of the project to date and looks towards a restructuring of the agenda to deal with new challenges. The primary aim of the collection is to understand the future of commercial law reform in a way that offers ideas and strategies for innovation as well as in methodologies for project selection and evaluation. In so doing, the collection informs the debate on the global reform of commercial law and will be of interest not only to academics, but also to those involved in the reform of commercial law around the world. The volume collects papers presented at the UK Society of Legal Scholars Annual Seminar 2017.

The authors argue that the rules and practices of corporate law mimic contractual provisions that parties involved in corporate enterprise would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides the rules and an enforcement mechanism that govern relations among those who commit their capital to such ventures. The authors work out the reasons for supposing that this is the exclusive function of corporate law and the implications of this perspective.

This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law's 12th International Colloquium at Swansea Law School in September 2016. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding charterparties. The book is set out in three parts. -Part I offers a detailed and critical analysis of issues of contemporary importance concerning time charters. -Part 2 carries out a similar analysis with regard to voyage charterparties. -Part 3 deliberates issues common to both type of charterparties. Offering critical analysis of contemporary legal issues on charterparty contracts, this book considers recent legal and practical developments and is therefore essential reading for both professional and academic readers with an interest in charterparties.

This book sets out to demystify the privatization process - currently transforming the economics of the world - by reviewing both the business organization and capital-raising aspects of the process as experienced in France, Italy, UK, Canada, Venezuela, Argentina, Brazil and Mexico, particularly in the light of the latest important developments in those countries. This work does not claim to be exhaustive.It offers a focus on the status reached up to 1994, as understood by those heavily engaged in the process, with a grasp of the large canvass of considerations and objectives that play upon such transactions. This handbook emerges from the distilled expertise of two committees of the IBA's Section on Business Law, who met and discusses the matter in October 1993 in New Orleans. The sure prediction made is that privatizations will continue to constitute a major form of business transaction and to involve a significant percentage of the world's capital-raising requirements.

Drafted in plain language, the International Trade Terms (Intraterms) are a set of standard terms for the sale of goods. They are divided into five chapters dealing with contracts in general, international sale of goods, transportation of sold goods, abbreviated terms, and resolution of disputes. In

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

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

This book examines the role of officers, directors and shareholders in the governance of the modern publicly held corporation.

A compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields.