With contributions from some of the leading scholars in law and economics, this comprehensive book summarizes the state of economic research on litigation, procedure and evidence. Among the topics covered are the settlement negotiations; discovery; the incentive to sue; theories of legal evidence; evidentiary misconduct; and the privilege against self incrimination. A valuable reference tool for academics and post graduate students in law, business, and economics. Anyone with a general interest how legal process does and should work will also find much to interest them in this book. 'The second edition of Procedural Law and Economics is an expanded and updated collection that highlights new developments and reiterates older themes. The volume will be essential reading both for economists who want an introduction to a core legal subject, and for legal scholars seeking new insights into the such topics as settlement, fee shifting, and class actions.

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters. This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions. Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration.

There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions. Contributors: A. Abat i Ninet, E. Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Bjoergvinsson, W. Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M. Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. Usacka

In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally. Contributors: A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gomez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. Voet

Eckard's Principles of Civil Procedure in the Magistrates' Courts considers the law of civil procedure in the magistrates' courts. The work provides a comprehensive and up-to-date overview and analysis of civil procedural law in the magistrates' courts and includes numerous illustrative examples of pleadings and notices as well as various prescribed forms relevant to proceedings. The content of this edition is presented in well-organised chapters, which highlight features of practical importance to scholars and the legal profession. It provides extensive coverage of complex issues and new material.

An introduction to the complexities of law, with clarity Elliott & Quinn's English Legal System by Allbon and Kaur Dua has been relied upon by generations of students as an explanation of the English legal system and how it works in practice, being renowned for its wide-ranging coverage and signature writing style. This text includes a variety of features to support your study, for example: - topical debates to engage you in the discussion points and reforms of today - relating the law, processes and procedure to our everyday lives - a clear structure designed to aid systematic understanding of broad topics - putting the law in context through the Bigger Picture - key cases described and analysed in depth within a text box - a glossary to explain complex concepts Updated annually with all major case law and legislative developments, this 21st Edition includes coverage of: Debate of recent cases such as Miller in relation to constitutional law and Brexit Uber and Deliveroo 'gig' economy cases on employee status Modernisation of the administration of civil justice system Owens v Owens divorce case and resulting Divorce, Dissolution and Separation Bill enabling no-fault divorce recent recommendations regarding the promotion of ADR Review of LASPO by MOJ and implications for criminal justice English Legal System is the ideal companion for anyone studying law at university. An enhanced ebook of this title is available with multiple choice questions, apply the law and . Emily Allbon is a Senior Lecturer and the Director of Mooting at City, University of London. Sanmeet Kaur Dua is a Senior Lecturer in Law and the Deputy Director for TEF at Queen Mary University of London. Pearson, the world's learning company.

The inspirational ideas of Advocate General Francis Jacobs have been drawn together here for the first time in one volume. Fifteen leading EU law practitioners and academics have contributed, including both Sir Francis's predecessor and his successor, covering topics of current discussion in this continually evolving field. Each contributor deals with a discrete topic of EU law and discusses its evolution to date, its current state and its future development, always with specific reference to Sir Francis's opinions. Covering a diverse range of EU law topics, this book will be of great interest to anyone seeking a greater insight into the workings of the European Court of Justice and the role of the Advocate General, and also for anyone involved in the academic study of EU law or practising and litigating in the field. Making Community Law should provide a rich treasury of ideas, explaining both the current state of EU jurisprudence as well as considering the next steps in the making of EU law.

Explore the key aspects of business law through accessible, engaging real-life cas Law for Business Students, 12th edition, by Adams, Caplan and Lockwood provides you with contemporary and comprehensive coverage of the fundamental legal principles relating to the business environment. It introduces legal concepts to non-law students in a practical and engaging way through real-life cases relevant to the business world. The book offers a range of features to help you understand, apply and analyse legal concepts, including scenarios to encourage the development of opinions and application of relevant legal concepts. The 'Worth thinking about' sections provide discussion points to analyse within the classroom, while 'Exam tips' help revision practice by pointing to areas of the law which are likely to appear in exam questions. The new edition has been thoroughly updated to cover legal developments in a range of diverse areas relevant to the core topics of law: contract (including intellectual property), tort, employment and business organisations (including formation), governance, and dissolution. It reflects the changes in the law as a result of Brexit, as well as Covid litigation arising in relation to employment rights. This title also has a Companion Website.

This Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy. Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.

Objections In Civil Litigation deals in concise terms with the categories of objection and the leading and most useful authorities for each objection. A synopsis of the nature and content of each objection is included.

The book equips the busy practitioner confronted with an unruly witness with the tools to formulate a cogent and legally sound argument, at short notice, as to why a particular piece of testimony should be excluded.

The opponent will similarly be assisted in dealing with the objection in a helpful and lucid manner.

This edition gives full attention to the new constitutional context in which South African criminal law now operates. It also looks at the emerging culture of human rights and freedoms which has begun to generate a significant shift in perceptions of the "boni mores" of a new South African society. The law is stated as at June 1996, and references to the Constitution of the Republic of South Africa are to the final Constitution enacted in 1996.

Court-Managed Civil Procedure of the High Court of Namibia: Law, Procedure and Practice represents the first textbook of its kind and introduces the reader to the most important reforms that have taken place since 2011 in the civil procedure of Namibia's High Court. During this period, the High Court of Namibia successfully implemented judicial case management, electronic filing, and court-connected alternative dispute resolution. Written by the head of Namibia's High Court and architect of the reform of that Court's civil process since he assumed office in 2004, the book demonstrates how the judges' and lawyers' roles have changed under judicial case management guided by the reformed civil justice system's overriding objective to 'facilitate the resolution of the real issues in dispute justly and speedily, efficiently and cost effectively' at minimum cost. The book maps the process by which Namibia was transformed from an orthodox adversarial system into one where the pace of civil litigation has been removed from litigants and lawyers and placed in the hands of judges. In that sense, the book holds important lessons for jurisdictions such as South Africa which, plagued by delay in delivery of civil justice, are considering radical reforms to their civil justice systems. Court-Managed Civil Procedure of the High Court of Namibia shows how the court rules from the old order have either been discarded or repurposed to achieve the salutary goals of judicial case management. The book explains the High Court's jurisdiction and how that court fits in Namibia's judicial architecture. The procedures are explained in easy to follow language and with logical coherence. There is detailed reference to Namibian and comparative authority throughout, demonstrating its scholarship as well as its enormous usefulness to practitioners, judges, and students of law alike, not only in Namibia but in common-law jurisdictions of especially Southern Africa. This work is destined to be an indispensable handbook on judicial case management, as well as on all other aspects of civil procedure which are eloquently discussed with reference to Namibian and comparative case law.

The Law & Practice Of Interdicts is the successor to Interlocutory Interdicts (1993) by the same author. This publication serves as a comprehensive resource book on interdicts and consists of two parts.

Part A, “The Requirements of the Law of Interdict”, is an updated and expanded version of Interlocutory Interdicts. It deals with the nature, history and development of interdictal applications in South Africa, including a useful comparison of the English and South African law on the subject.

Part B, “Practice” consists of eight chapters dealing with the procedure; the court’s discretion; urgency; jurisdiction; locus standi; the discharge, referral and variation of interdictory orders; appeals and costs.

This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts' roles in protecting fundamental rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law. Contributors include: M. Claes, M. de Visser, M. de Werd, M. Wind, B. de Witte, T. Evas, M. Gorski, C. Hermanin, U. Jaremba, J.A. Mayoral, D. Piqani, K. Podstawa, R. Raffaelli, U. Sadl, A. Tatham, A. Torres Perez

Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer's guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers. Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.

In this timely book, Beata Maihaniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice. Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission's 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt's decision regarding Facebook's unfair trading terms under which it was gathering users' data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as 'commons' or 'commodity', in order to realise social goals such as fairness. Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.

The Devil's Advocate, a best-selling advocacy manual in both the UK and the Commonwealth, brings a fresh approach to the Do's and Don'ts of good advocacy. Written with humour and style, the title explains clear techniques, taking the reader through the practical application of advocacy step-by-step. The Devil's Advocate has quickly become the leading handbook and practical guide to advocacy in any adversarial courtroom, in any country, to be read and carried about by any advocate. Iain Morley QC is twenty years call in well-known London criminal chambers, prosecuting and defending in the Crown Courts, including many high-profile serious crime cases. He has taught advocacy skills pro bono to the Inner Temple juniors, written much of the teaching materials, and taught the teachers - including Silks and Judges. * Presents the leading book on advocacy, bridging the gap between reading about advocacy and how you actually do it* Written in a no-nonsense and engaging style to bring a fresh approach to studying advocacy * Explains the art of persuasiveness, how to make convincing speeches, and effective cross examination * Describes well-established techniques and exercises used in court for constantly improving questioning and witness control * Offers punchy advice and insightful comments on all of the necessary skills and processes involved in advocating * Uses examples throughout to illustrate key points and aids knowledge retention * Includes a new chapter on the International Criminal Tribunals which require an additional set of advocacy skills due to the dynamics thrown up, such as the need for simultaneous translations

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges. Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. Suk

Public Interest Litigation in South Africa offers a collection of grounded accounts - by leaders in the field - of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. This volume captures the legal narratives of those particular struggles in the hope that this will contribute to the broader, ongoing struggle for social justice. Part One of the book considers general themes relating to public interest litigation. These include its history, the development of the public interest sector and the impact and value of public interest litigation; the role of international law in public interest litigation; the ethics and politics of public interest litigation; and constitutional procedure. Part Two addresses public interest litigation in ten key areas of law: property rights, gender, basic services, health care, LGBTI equality, children's rights, basic education, freedom of expression, access to information, and prisoners' rights. Public Interest Litigation in South Africa seeks to share some of what has been achieved in the courts, beyond the well-trodden landmark appellate decisions, as a contribution to informed and critical engagement with litigation as a tool for social change.

This second edition of Construction Law: From Beginner to Practitioner provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the Architecture, Engineering and Construction (AEC) Industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include: * the fundamentals of law and the English legal system; * contract, business, tort and property law; * procurement, subcontracting and partnering; * claims, damages, losses and expenses; * dispute resolution including mediation, arbitration, litigation and adjudication. The books suitability for study is enhanced by its logical structure, chapter summaries and further reading lists whilst the role of law in achieving a more collaborative and less confrontational AEC industry is examined in detail. Fully updated throughout, this new edition includes coverage of post-Grenfell legislation; increased coverage of modern methods of construction and continuously evolving technologies such as BIM and digital twins; NEC4 and the latest JCT contract suite and the Construction Playbook. This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.

This timely book invites the reader to explore the lexicon of 'subjects' and 'objects' of EU law as a platform from which several dilemmas and omissions of EU law can be researched. It includes a number of case studies from different fields of law that deploy this lexicon, structuring the contributions around three principal elements of EU law: its transformations, crises and external-internal dynamics. The carefully structured case studies cover a wide range of areas in EU law, such as constitutional law, administrative law, external relations, trade and citizenship and present perspectives from a variety of EU Member States. The expert contributors explore how to discuss, analyze and frame core elements of a supranational legal order. This broad-ranging and collaborative research effort presents a fresh, critical perspective on contemporary EU law. The book offers a reflection on recent crises of the EU, such as Brexit, looking beyond the field of law to present solutions that apply theories of political economy, social theory and political theory. This thought-provoking narrative of EU law will be of interest to scholars in this field as well as to those in public international law, international relations, sociology, governance and political science. Contributors include: S. Bardutzky, A.D. Casteleiro, E. Christodoulidis, J. Corkin, S. Douglas-Scott, M. Everson, E. Fahey, F. Jacobs, E. Korkea-aho, D. Kostakopoulou, D. Kukovec, S. Poli, S. Rodin, M. Ruffert, A. Tataryn, A. Tryfonidou, J. van Zeben, S. Velluti, I. Vianello