This book provides a comprehensive and comparative explanation of the law relating to all three types of business partnership available under English law; general partnerships, limited partnerships (including private fund limited partnerships) and LLPs. It explains the applicable law from formation of the business to termination, including chapters on the availability or otherwise of legal personality, duties of partners and members, management issues, property and finance, taxation, litigation and insolvency. This new edition of Partnership and LLP Law is fully updated and includes coverage of the Legislative Reform (Private Fund Limited Partnerships) Order 2017 which introduces a new form of limited partnership, the private fund limited partnership, and the new provisions requiring certain partnerships and LLPs to maintain a register of persons with significant control over the business. It also includes a discussion of the impact of v Clyde & Co v Bates van Winkelhof on employment and worker status of partners and LLP members. Other recent cases such as Flanagan v Liontrust Investment Partners and Inversiones Frieira SL and another v Colyzeo Investors are also discussed. The law relating to each of the three types of partnership is set out clearly and concisely to enable the busy practitioner to understand, or refresh their understanding of, partnership and LLP law. It will also enable those with knowledge or experience of one type of partnership to understand the similarities and differences of the other types.

Revised to cover the impact of the 'best value' regime, this text provides a detailed examination of the law of public and utilities procurement. It is illustrated by the use of practical examples, including an in-depth focus on 'grey' areas.

A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as a threat to Europe's public service tradition. This book challenges those shibboleths by using the concept of government failure. It is concerned with instances of government intervention that are unnecessary, generate avoidable inefficiencies, or that can be bettered so as to realise general interest goals more efficaciously. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complementing that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it is contingent and presents no legitimate general interest related threat to the organisation and delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)'s contingency reduced.

This analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge.

Written specifically for exporters and those without legal training, this book is an introduction to the business laws of the European Union that need to be understood by those operating outside the EU. It is a practical guide to the regulatory and procedural issues that exporters and businesses need to be aware of. While providing an overview of how the EU operates as a governing body, the book addresses the key matters that exporters will face during their business transactions. Topics covered include: * Direct export transactions to the EU * Exporting via an agent or distributor * Customs laws and procedures * Resolving international business disputes * How to establish a permanent business presence within the EU The book uses case studies to illustrate how these transaction types can be applied to real world business dealings. It is an essential resource for anyone involved in international business with customers in the European Union.

Facility management - as any profession encompassing multiple disciplines and integrating technology, people and physical space - is not only complicated but fraught with occasions to be exposed to various legal liabilities Successful facility managers need the ability to manage risk well. They must understand the various ways the built environment can malfunction, anticipate the most likely problems and protect the owner's interest in such a way that the building can be safe for occupants yet productive for business purposes. The FM must therefore know the major tenants of risk avoidance, including knowledge of possible legal obstacles. Legal Concepts for Facility Managers informs facility managers of their legal responsibilities and helps them avoid unnecessary exposure to liability. Each major legal theory will be explained and illustrated with charts or case histories. Chapter learning outcomes and discussion questions will help students recall salient information and are also intended to be used as homework assignments or prompts for classroom discussions. As with any legal textbook expressly written for professionals who are not in the practice of law, the objective of this book is to inform students about their legal responsibilities. This text is not intended for students preparing to practice the law. It can be used in any course teaching built environment professionals how to avoid unnecessary exposure to legal liability.

The essential guide to protecting and managing the professional reputation of both yourself and your organization In the volatile landscape of social media and viral news, professional reputations can be wrecked within a matter of hours. Passivity in the face of public criticism is often perceived as conceding guilt, while an ill-judged response can just make things worse. But few senior business leaders, entrepreneurs, public figure, talent managers, in-house lawyers and even PR professionals are aware of the full array of strategies available that can both prevent and mitigate PR crises. In Reputation Matters, Jonathan Coad draws upon his decades of expertise (both as one of the country's leading PR lawyers and as a highly regarded editorial lawyer) to provide this essential guide to protecting and managing both your professional reputation and that of your organization. With the blurred lines between traditional and social media and the growing predominance of misinformation, reputations are now more valuable and vulnerable than ever. Reputation Matters grants readers a unique insider's insight into how the media works, teaches the best strategies for countering any threats, and uncovers the intricacies of litigation PR. In this engaging and essential book, Jonathan gives practical advice on how to cultivate and secure your reputation, which is enriched and supported by a selection of first-hand case studies from his illustrious career.

Established author Anthony Thuillier, barrister-at-law, has teamed up with Catherine MacDaid, barrister-at-law, to pen a new book designed specifically for students of business law, entitled Business Law in Ireland and part of the successful 'Core d104 Series'. The unique and engaging writing style employed by the authors and their ability to simplify and explain complex legal topics such as tort, contract and company law, make the subject matter both accessible and interesting. Divided into six general parts, with 25 chapters, this book commences with an introduction to the law, designed for primarily for those who are new to the subject. Thereafter, each part explores the major requisite themes concerning business law, including the Company and Commercial Law, Employment Law, Law of Tort, the Law of Contract and European Union Law.

The practical book compares the increasingly popular NEC family of contracts with other construction industry standard forms. NEC3 and Construction Contracts: Compared and Contrasted will assist professionals - at all levels, involved in procurement in the construction industry - to make informed choices and give balanced advice when deciding which contract to use for a particular project. This new edition covers NEC3 in full as well as JCT, PPC and FIDIC forms of contract.

The performance and survival of a business in a global economy depends on understanding and managing the risks-external and those embedded within its operations.It is vital to identify and prioritize significant risks and detect the weakest points. Adding other elements to an essential ERM program, such as PESTEL and Porter's 5 forces, treatment plans, scorecards, the three lines of defense (3LoD) components, and process improvements (six sigma, 8D, etc.) significantly increases the ERM success rate. The authors outline a comprehensive strategy to designing and implementing a robust and successful ERM program - and not just successful in implementation but also yielding enormous returns for the organizations that implemented this enhanced ERM program.

The purpose of these guidance notes is to explain the background of the NEC3 Supply Contract, the reasons for its provisions and to provide clear yet comprehensive guidance on how to use it. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

To enable users to understand the operation of the Term Service Contract, this book contains flow charts which set out the procedural logic of the 57 clauses that can be presented with benefit by flow charting ENDORSEMENTS Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports the NEC3 Term Service Contracts

These guidance notes explain the provisions of the Term Service Short Contract when it is used for a simple, low risk contract. The flow charts show the procedural logic on which the TSSC is based and are published in this volume for reference. ENDORSEMENTS Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports the NEC3 Term Service Contracts

These flow charts depict the procudures followed when using the NEC3 Supply Contract (SC). They are intended to help people using the SC to see how the various SC core clauses and Options come together to produce clear and precise sequences of action for the people involved. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

These guidance notes explain the usage of the contract, procedures for appointing an Adjudicator, the nature of the form of agreement. Explanations are then provided on the individual clauses and worked example of contract data is provided. The second part of the book contains flow charts which set out the procedural logic of the 5 clauses that can be presented with benefit by flow charting

Fully revised and updated for 2010 to include the new NEC3 Supply Contract. this unique addition to the NEC3 suite of documents provides guidance for users of NEC in determining the procurement and contract strategies to meet project objectives and in the application of contracts from the NEC3 family in meeting these strategies. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

This guide is written to help users to produce Service Information for the NEC3 Term Service Contract (TSC). Good quality Service Information is vital to achieving better outcomes for service contracts, and reducing misunderstandings and disputes. Service Information should be prepared with individual service requirements and the operation of the TSC in mind. ENDORSEMENTS Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports the NEC3 Term Service Contracts

The Framework Contract is an entirely new NEC document and is intended for use in the appointment of one or more suppliers to carry out construction work or to provide design or advisory services on an 'as instructed' basis over a set term. This document contains the core clauses and the contract data forms. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

These guidance notes place the new Term Service Contract into context with the rest of the NEC suite of documents. They then set out the background to the contract, its provisions and guidance on when and how to use it. The procedure for setting up a contract is covered and explanations are given on the meanings of individual clauses. Worked examples are provided of contract data. Finally appendices cover the clause numbering system, sample form of tender, sample form of agreement, use as a subcontract, form of performance bond and price list. ENDORSEMENTS Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports the NEC3 Term Service Contracts