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My review
Sat, 9 May 2020 | Review
by: Phillip T.
HIGHLY SUCCESSFUL AND POPULAR:
THIS SHORT YET SUCCINCT STATEMENT ON CREDIT HIRE IS EXCELLENT FOR PROFESSIONALS AND LAY PEOPLE ALIKE
An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
The law concerning credit hire can be very confusing and dauting to many consumers, so we are truly fortunate to have this excellent work available from Law Brief Publishing and written by barrister Aidan Ellis of Temple Garden Chambers. He does not attempt “to catalogue all the many first instance decisions available to the assiduous researcher in credit hire cases” which will be a relief to many, and which explains the compact nature of the paperback!
Now in a sixth edition, this popular paperback brings the previous edition up to date for the 2020s. As the author says, “it is the natural fate of legal textbooks, particularly in highly litigated fields, to become out of date.” Ellis observes that throughout all the recent developments he highlights for the new edition, litigation concerning credit hire arrangements have continued unabated.
So, what we get here is an approach which stresses the authoritative decisions currently available selected by the author. The book, like other titles from Law Brief Publishing, is not intended as a substitute for legal advice. It discusses the various areas of law associated with credit hire litigation and will provide invaluable advice for those seeking an overview of the law.
If you are researching a specific problem for a client, we agree that you “may find inspiration” here. However, you are rightly advised not to rely merely upon the detail set out by Ellis “in isolation”, as he puts it, or without going directly to the underlying case law and materials. He concludes with these words- “a textbook can never be a substitute for legal advice from appropriately qualified practitioners”. Sage advice although we would always recommend reading Law Brief Publishing titles to both practitioners and clients alike because they are primers for the specific areas they cover before you go to the main sources if necessary.
The mission statement is aimed not only at seasoned litigators but also the range of parties involved including garages, credit hire companies, and insurers. In addition, all readers both professional and lay wishing to obtain a greater understanding of the type of issue which arises in these cases. The author hopes to offer a clear summary of these issues for readers facing credit hire for the first time, and for the more experienced delving into its intricate details.
What we get here is a full discussion of the latest decided cases set out in a relaxed and readable way. Ellis has included coverage in the new edition of McBride on rates, Irving v Morgan Sindall Plc on impecuniosity and EUI Ltd v Charles on pre-action disclosure. It also gives us a revised section on common law enforceability arguments to consider the recent decisions regarding contingent liabilities and oral assurances.
The law is stated as at 1st September 2019. The publication date of this paperback sixth edition is cited as at 30th October 2019.
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