This book is about the law of remedies. It establishes the boundaries of this discrete area of law and provides a new classification of remedies. Zakrzewski first examines the difficulties of the term 'remedy', and identifies the most robust notion of a remedy. Remedies are broadly approximated to court orders; more strictly, they are the rights arising from these orders. This enables a rigorous separation of remedies from substantive rights, that is, rights which exist before the making of a court order. The author then reviews established classifications of remedies, showing how they are seriously deficient and developing a new taxonomy based upon the relationship between substantive rights and remedies. This provides a much better understanding of that relationship, especially of the role of judicial discretion in the granting of remedies. The book then moves on to provide an overview of remedies in private law within the new analytical framework. It shows how each order that may be made by a court in a civil case gives effect to the substantive rights of the parties to the dispute. Particular primary and secondary (or remedial) rights, such as rights to damages, are carefully disentangled from the remedies which effectuate them, and the similarities and differences between various remedies are revealed. This book provides a new way to view remedies and substantive rights. It insists that the law of remedies must not reproduce parts of the law of substantive rights under a different name. For the first time, remedies are established as a stable and distinct area of law.

The Law of Rescission is an extensive analysis of the law concerning the rescission of contracts and gifts in England and Wales, and also contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, British Virgin Islands, Cayman Islands, Isle of Man, Singapore, Hong Kong, Malaysia, and India. This is the leading work in the field. The revised third edition builds on the established format of the previous edition, fully updating case law and considering how developments, such as the introduction of machine generated contracts, impacts on the law. The book also incorporates new legislation, such as The Insurance Act 2015. Rescission is frequently sought in commercial, property, and insurance disputes, making this book an essential reference for all lawyers involved in civil litigation, as well as for civil judges. The Law of Recission has has been cited by courts in England and Wales, as well as Australia and Canada. Academics will also find this book of great interest when researching contracts, remedies, or restitution.

Based on parts of the leading work McKnight, Paterson and Zakrzewski on the Law of International Finance, 2e, this new book is an accessible introduction to loan agreements in English law and practice. The book focusses on loan agreements, syndicates and trading providing the core areas with which newcomers to banking and finance law must familiarize themselves and which often require the most research. The book opens with an overview of English contract law setting out the key concepts and principles relevant to commercial lending transactions. There is a section on loan facility agreements which explains the typical loan agreements, and the relevant law and application to those agreements. In the section on syndicated lending , legal issues arising from the relationship between lenders are analysed and problem areas are tackled. Potential claims, by borrowers against the arrangers of a syndicate and its agent are also analysed, including an explanation of possible protection against such claims. The final part explains the legal and practical issues surrounding the trading in parts of loans on the secondary market. A clear, concise and authoritative work on loan agreements and lending, this book is a useful guide for all working in the field, particularly junior lawyers and postgraduate students.

This acclaimed and comprehensive work analyses the legal issues involved in international finance transactions operating under English law. The second edition thoroughly updates the book to take account of major developments in regulation, practice, and case law since the first edition published in 2008. The most notable development in the intervening period has been the global financial crisis of 2008-9, whose effects have profoundly changed the nature of international finance, and the new edition has been updated by a team of expert editors and contributors to reflect the post-crisis legal framework of international transactions. The new edition covers the many significant changes to Bank Regulation which have occurred since 2008. Major developments in conflicts of laws and cross-border insolvency are addressed, including the consequences of the decision in Rubin v Eurofinance. This edition also takes account of major litigation in the sovereign debt field, significant developments in the loan markets, and recent challenges with the provision of legal opinions, including the increasing need to provide opinions in cross-border transactions. Developments in financing structures in the aftermath of the financial crisis are examined. Significant litigation in the derivatives field (partly as a response to the collapse of Lehman Brothers Holdings Inc.) and amendments proposed by the International Swaps and Derivatives Association are also addressed. There is also coverage of further work on secured transactions following the Law Commission's and the City of London Law Society's Working Party's proposals. Providing detailed transaction-led analysis of all aspects of international finance practice, this work is a must-have reference source for all practitioners and academics working in the field.

Based on parts of the leading work McKnight, Paterson, and Zakrzewski on the Law of International Finance, 2e, this new book is an accessible introduction to loan agreements in English law and practice. The book focusses on loan agreements, syndicates of lenders and trading providing the core areas with which newcomers to banking and finance law must familiarize themselves and which often require research. The book opens with an overview of English contract law setting out the key concepts and principles relevant to commercial lending transactions. There is a section on loan facility agreements which explains the structure and typical provisions of loan agreements, and the relevant law and its application to those agreements. In the section on syndicated lending, legal issues arising from the relationship within a group of lenders are analysed and problem areas are tackled. Potential claims, by borrowers against the arrangers of a syndicate and its agent are also analysed, including the very important issue of possible protection against such claims. The final part of the book explains the legal and practical issues surrounding trading in parts of loans on the secondary market. A clear, concise and authoritative work on loan agreements and lending, this book is a useful guide for all working in the field, particularly lawyers who need an accessible but comprehensive review of English law in this area and postgraduate students.