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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > General
This is the first book to offer a systematic and analytical
overview of the legal framework for residential construction. In
doing so, the book addresses two fundamental questions: Prevention:
What assurances can the law give buyers (and later owners and
occupiers) of homes that construction work - from building of a
complete home to adding an extension or replacing a shower unit -
will comply with minimum standards of design, safety and build
quality? Cure: What forms of redress - from whom, and by what route
- can residents expect, when, often long after completion of
construction, they discover defects? The resulting problems pose
some big and difficult questions of principle and policy about
standards, rights and remedies, which in turn concern justice more
generally. This book addresses these key issues in a comparative
context across the United Kingdom, Ireland, Australia and New
Zealand. It is an accessible guide to the existing law for
residents and construction professionals (and their legal
advisers), but also charts a course to further, meaningful reforms
of the legal landscape for residential construction around the
world. The book's two co-authors, Philip Britton and Matthew Bell,
have taught in the field in the UK, Australia and New Zealand; both
have been active in legal practice, as have the book's two
specialist contributors, Deirdre Ni Fhloinn and Kim Vernau.
This book focuses on the nuts and bolts of complex construction
disputes and their resolution. Construction projects are highly
technical long-term projects. They involve many parties, which -
although supposedly committed to achieve a common goal - all have
their own interests. This creates legal complexities, which
increase the risk of disputes and the need for effective dispute
resolution. The book covers dispute avoidance, alternative dispute
resolution, arbitration, litigation, and evidence in construction
disputes as well as future trends, such as the digitalised
construction site and legal tech in construction disputes. It also
examines construction disputes from an international perspective,
giving insight into the common issues faced along the way.
Protecting the Brand, Volume I: Counterfeiting and Grey Markets is
a handbook for law practitioners as well as business executives.It
is a unique perspective of best practices in addressing issues
around counterfeiting and grey markets - from a legal as well as a
business point of view. The authors explore the threats posed by
counterfeiting and grey markets to a variety of industries and
illuminate what problems these may cause. Before setting forth the
range of legal strategies for remedying incidents of counterfeiting
and grey markets, the authors outline preventive measures
businesses can take to combat the threats, and showcase some of the
emerging technologies that can serve as enablers of Brand
Protection's 3 IPR's (3 I's= Intelligence, Investigation,
Innovation; 3 P's= Protection, Perseverance, Perpetuation; 3 R's=
Remedy, Recovery, Rehabilitation).
This area of practice requires consideration of topics across both
substantive and procedural law. The topics addressed include
injunctions required to preserve assets and prevent undue
dissipation by parties facing claims, orders seeking to trace
misappropriated property, applications to set aside fraudulent
transfers of property, orders for the disclosure of assets and
transfers, shareholder protection and fraud, remedies for reckless
or fraudulent trading, multi-jurisdiction issues facing litigants
in this area and various common law and equitable remedies to set
aside fraudulent payments and transfers.
This edited collection fills a significant gap in the literature by
gathering contributions from the most prominent academics and
practitioners of aid and procurement. It explores the economic,
political and legal relationship between procurement and aid
effectiveness in developing countries, and takes stock of current
debates in the field. More specifically, the contributions analyse
the failures and successes of current initiatives to foster
effectiveness and streamline the aid procurement process, and
address current themes emerging in the literature related to
development, procurement and aid success. A pivotal and timely
publication, Public Procurement and Aid Effectiveness will be of
interest to a varied and multicultural international audience and a
wide range of actors working on aid effectiveness, development,
procurement and good governance initiatives in both donor and
beneficiary countries.
Lord Justice Jackson's retirement in March 2018 concluded a career
of almost 20 years on the bench. His judicial career has seen a
remarkable transformation of construction law, construction law
litigation and the litigation landscape more generally. Drawing the
Threads Together is a Festschrift which considers many of the
important developments in these areas during the Jackson era. The
Festschrift discusses most of the leading construction cases
decided by Lord Justice Jackson, with subject matter including
statutory adjudication, fitness for purpose obligations,
consideration, delays and extensions of time, liquidated damages,
time bar provisions, the prevention principle, neighbour rights,
limitation clauses, negligence, good faith, bonds and guarantees
and concurrent duties of care. It also includes a discussion of the
background to the Jackson Review of Civil Litigation Costs
(2009-2010) and its impact on litigation, as well as considering
the development of the Technology and Construction Court during and
subsequent to Mr Justice Jackson's tenure as judge in charge of
that court.
Title 17 presents regulations governing commodities and securities
exchanges. It includes the rules of Commodity Futures Trading
Commission, the Securities and Exchange Commission, and the
Department of the Treasury.
With the expected rise in the global total of ultra-wealthy
individuals, and the trillions of dollars and family businesses
predicted to change hands over the next two decades, the
considerable challenges involved in managing and transitioning
'surplus' wealth are set to multiply rapidly, affecting a much
larger number of families and family members. Family governance,
which refers to the structures and processes families use to
organise themselves and guide their relationship with their wealth,
is a key tool in the transition of ownership and wealth between the
generations, but it is neither well understood nor explained,
particularly in the context of surplus wealth. Family Governance
and Surplus Wealth: Sustaining Family Fortunes, written by Russell
Prior, an experienced consultant and adviser in Family Governance,
Family Enterprise Succession and Philanthropy, de-mystifies the
topic and shows advisers and families how governance can assist
with the challenges of managing and transitioning surplus wealth.
It covers the characteristics and challenges of surplus wealth, why
wealthy families need family governance and how family governance
can help families with the successful transition of surplus wealth
between the generations. Key takeaways include: Understand the need
for a sense of shared purpose between the generations for surplus
wealth and family enterprises, so it can succeed into future
generations; Determine ownership and leadership succession within
the family enterprise; Manage the balance of power and
decision-making in and between the generations; Prepare the younger
generation for their role in a family with surplus wealth; Prepare
the older generation to let go of some responsibilities but show
them how to take up new reins within the family; Balance the
interests of family members managing the family wealth or
enterprise with those who do not, and with non-family members
involved in the management of the wealth of business; and
Understand how major decisions can be taken within a complex family
wealth structure or a family enterprise. This title will be
important reading and reference for all practitioners advising
ultra-wealthy individuals and business families, including family
business advisers, private bankers, lawyers, accountants, and
financial advisers. It will also be of significant interest to
ultra-wealthy family members and family office leaders.
This book provides an extensive analytical examination of the Cape
Town Convention and its Protocols. The Convention aims to
facilitate asset-based financing and leasing of aircraft, railway
and space objects by establishing a uniform legal regime for the
creation and protection of security and related interests in these
types of equipment. The book provides a detailed treatment of
issues arising from the creation of security and other
international interests under the Convention, from the need to
ensure their priority among competing interests to the enforcement
of remedies in the case of the debtor's default or insolvency.
Security interests in aircraft, railway and space objects are among
the most frequently invoked mechanisms used to ensure repayment of
the debt. It is their significance, effectiveness and frequency of
use that explains this work's focus and scope.
A unique and invaluable guide that advises on the enforcement of
high-value money judgments. It contains a detailed analysis of the
legal issues and underlying case law surrounding each method of
enforcement, providing essential background materials and
commentary. Covering the major reforms bought about by the
Tribunals Courts and Enforcement Act 2007 and associated
legislation, it provides a systematic, practical guidance on the
process of preparing for and successfully applying for the various
methods of High Court enforcement. It looks at: - General rules
about enforcement of judgments - Obtaining information about a
judgment debtor's assets - Third party debt orders - Charging
orders - Writs of Control - Appointing a receiver by way of
equitable execution - Interest on judgments Readers will be able to
identify enforcement options and to understand the detailed legal
and practical issues with each enforcement option. As such this is
an essential title for all commercial law practitioners,
arbitration and commercial dispute resolution practitioners, and
banking law practitioners.
Mergers, Acquisitions, and Other Restructuring Activities: An
Integrated Approach to Process, Tools, Cases, and Solutions, Tenth
Edition, is the most comprehensive and cutting-edge text available
on the subject. Supported by recent peer-reviewed academic
research, this book provides many recent, notable deals,
precedent-setting judicial decisions, government policies and
regulations, and trends affecting M&As, as well as takeover
strategies and tactics. Today's policies, politics and economics
are reflected in the book's 40 case studies, 90% of which involve
deals either announced or completed during the last several years.
These cases represent friendly, hostile, highly leveraged, and
cross-border transactions in ten different industries, involving
public and private firms and those experiencing financial distress.
Sections discuss an overview of M&As, key regulations, common
strategies and tactics, how managers may choose a business strategy
from available options, valuation methods and basic financial
modeling techniques, the negotiating process, how deal structuring
and financing are inextricably linked, how consensus is reached
during the bargaining process, the role of financial models in
closing the deal and strategic growth options as alternatives to
domestic M&As.
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