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Computer Crimes and Digital Investigations
Computer Crimes and Digital Investigations
par Ian Walden
Edition : Relié
Prix : EUR 127,29

5.0 étoiles sur 5 ‘A BOOK OF REFERENCE ON CRIME WITH A CYBERSPACE FILTER’ –- NOW IN A NEW EDITION, 27 mai 2016
Achat vérifié(De quoi s'agit-il ?)
Ce commentaire fait référence à cette édition : Computer Crimes and Digital Investigations (Relié)
‘A BOOK OF REFERENCE ON CRIME WITH A CYBERSPACE FILTER’ –- NOW IN A NEW EDITION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

There appear to be certain lofty members of our profession including (rather astoundingly) a few members of the judiciary who still think cyberspace is something of a space oddity. They should only read this book.

Aimed specifically at the criminal law fraternity, Ian Walden’s ‘Digital Crimes and Digital Investigations’ will nonetheless be of interest to all lawyers who inevitably will have to deal with ‘high tech’ crime issues. In providing an overview of this indubitably vexed subject, this book, now in a new second edition, makes an important contribution to the still relatively scarce body of literature concerning this specialised area of law.

The first edition was published – would you believe – nine years ago. And in case there are still a number of practitioners and judges out there who need reminding, the Internet was long past its infancy even then, having been in widespread use at the time for at least ten years. Recently published by the Oxford University Press, the book provides an important update which will certainly be welcomed by criminal practitioners.

As the title indicates, the focus is on computer crime, more commonly referred to as ‘cyber-crime’ – a phenomenon facilitated by the ever-developing technologies of computer connectivity – i.e. the Internet. Now ubiquitous and almost instantly available, the Internet in the author’s words, has become ‘a key resource of the global economy.’ Largely unregulated (except in totalitarian states) the Internet has also become a key resource for assorted criminals and terrorists.

Author Ian Walden, who hails from Baker McKenzie and teaches an LLM course entitled ‘International Cybercrimes and Investigations’, mentions that the clients with whom he has had dealings, have exposed him to issues and insights that are not normally available to academics. He has also been a board member of a number of institutions concerned with Internet scrutiny, particularly on Internet safety.

The book, he says, may be viewed simply as a criminal law text’ ‘operating as a filter through which we can examine the whys and wherefores of criminal law and policy.’ It can be regarded as a computer crime book, or ‘a book on crime with a cyberspace filter’ -- in short, a book which focuses specifically on crime, as opposed to other aspects of internet usage such as contracts, trademarks, domain names and the like, not to mention ordinary communications.

As the author also remarks, it is obvious that computers ‘may play a part in the commission of nearly every form of criminal activity, from fraud to murder.’ The subject area is so wide that large chunks of it go beyond the scope of this book. The author therefore turns our attention to problems where computers and networks are involved, ‘either,’ he says, because ‘the legislation was drafted in an era before such technology was envisaged, or because statutory drafting has failed to be robust enough to appropriately address the use of information computer technologies (ICT).’ And there, fellow lawyers, lies the crux of the problem.

This is indeed a massive subject and those who crave further information on it will find research references aplenty in this book, including tables of cases, legislation and international treaties and conventions. Also note the four appendices, extensive footnoting and the ten-page bibliography.

Based on recent developments in digital and the current pace of change, it is anticipated that further editions of this distinguished and accessible work of reference will appear in the future, ideally at more frequent intervals.

The publication date is cited as at 2016.


European Cross-Border Insolvency Law
European Cross-Border Insolvency Law
par Reinhard Bork
Edition : Relié
Prix : EUR 173,77

5.0 étoiles sur 5 ‘THE CATHEDRAL OF THE EIR’, 24 mai 2016
Achat vérifié(De quoi s'agit-il ?)
Ce commentaire fait référence à cette édition : European Cross-Border Insolvency Law (Relié)
‘THE CATHEDRAL OF THE EIR’
A EUROPEAN APPROACH TO CROSS BORDER INSOLVENCY LAW

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Practitioners in general and certainly international and comparative lawyers specialising in cross-border insolvency law across Europe will welcome this new book from the Oxford University Press.

Basically the book, in its detailed examination of European insolvency law, analyses the issues of and intricacies of the new European Union Regulation of May 2015 covering insolvency proceedings (EIR), which has ‘recast’ the former EC Regulation of 2000.

It is the new regulation which aims to tackle the issue of cross-border insolvency cases involving at least one EU member state (except Denmark), while also taking into account certain relevant documents prepared by, for example, UNCITRAL -- the United Nations Commission on International Trade Law, in case you need reminding. (The alphabetical list of abbreviations comes in handy here). Related sources of hard and soft law are covered, together with the relevant codes of best practice, which, in aiming to improve co-operation between insolvency practitioners and the relevant courts, offers the expectation of a significant improvement in quality over the previous EC Regulation.

Especially useful from the point of view of the reader, is the authors’ emphasis on providing what they have referred to as ‘a view from the cathedral of the EIR.’ Here you will also find an analysis of the role of the Court of Justice of the European Union (CJEU) in ‘the interpretation of European insolvency law, as well as its “judicial activism.”

As the authors (who hail respectively from Hamburg and Palermo) note, the book endeavours to answer three fundamental questions on cross-border insolvency cases, as follows:
(a) Which member states have jurisdiction?
(b) What laws are applicable? -- and --
(c) If a member state has already made a decision concerning an insolvency case, would it be possible for this judgment to be recognized in another member state and how might this happen?

‘European insolvency law,’ the authors add, ‘is a fairly recent topic (which) enjoys no long-standing historical background.’ This of course is all the more reason why insolvency practitioners should acquire this book, which deals exhaustively with the subject matter. Not only does it comment on the scope of the EIR, it touches on a range of other issues, including secondary insolvency proceedings and group insolvencies.

That said the authors are careful to point out that the book does not aim to establish a benchmark for evaluating the EIR, or to offer a new appraisal of European insolvency law. The -- at least partial -- objective is to explain the system of the EIR ‘to both academia and practitioners,’ to provide satisfactory answers to the above questions… and of course, much more.

Fortunately, the book is organised for ease of use, as it contains a detailed table of contents, comprehensive index at the back and a no less than nine-page bibliography which contains rather a treasure trove of references for researchers, who will also value the extensive tables of cases, and of legislation which encompass statutory instruments, and European directives and legislation, as well as international instruments.

Yes -- as the topic of cross-border insolvency is a relatively recent one -- this book will no doubt be recognized as a valuable addition to the professional library, particularly that of the insolvency practitioner.

The law is cited as at July 2015.


Delay and Disruption in Construction Contracts
Delay and Disruption in Construction Contracts
par Keith Pickavance
Edition : Relié
Prix : EUR 617,30

5.0 étoiles sur 5 A new author and a new edition for 2016...., 19 mai 2016
Ce commentaire fait référence à cette édition : Delay and Disruption in Construction Contracts (Relié)
THE WORK OF REFERENCE THAT EVERY COMMERCIAL CONSTRUCTION LAWYER SHOULD HAVE –
NOW IN A NEW FIFTH EDITION COMPLETE WITH LINKED DOWNLOADS

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

The truism that delays waste time and time costs money -- is almost monumentally pertinent to the construction industry which, by its very nature, involves massive expenditure with the requirement of massive capital investment.

Delay and disruption, however, are the two factors that seem to occur in the construction industry more often than they are avoided – hence the pressing need on the part of all practitioners at the Construction Bar for the latest edition of this indispensable text published recently by Informa from Routledge as part of their Construction Practice series.

‘Delay,’ says the expert and erudite author Andrew Burr, ‘happens in all industries ,jurisdictions and cultures,’ adding that when time has not been managed effectively, the consequences can be devastating for all participants in a project large or small, from employers and consultants to contractors and suppliers.

One of the more spectacular examples cited is that of the Scottish Parliament building which incurred prolongations costs of £150 million – a sum which, as Burr points out, ‘could have funded a fully equipped general hospital.’ Other projects like the Shard had their problems too.

Fortunately there are legal processes aimed either at settling the complex legal disputes that almost inevitably result from delays, or preventing such delays from happening in the first place. By way of example in the book’s introduction, the author refers to a protocol published in October 2002 as the result of certain discussions by the Society of Construction Law.

The resulting Delay and Disruption Protocol set out in Appendix 3 emphasizes the need for foresight (if at all possible) in the early stages of a project. The concern here says the author, is with ‘managing time proactively or delaying with extensions time and compensation for delay.’

Rather dismayingly, ‘the industry did not take this message to heart,’ says Burr. Instead, the protocol has been used more frequently ‘as a stick with which to beat the opposition in disputes rather than to avoid disputes in the first place.’

Written with precision and clarity, the book offers a wealth of discussion containing down-to-earth advice as to how problems -- specifically legal problems -- relating to time management can be overcome, or at least dealt with on a rational basis. While no two construction projects are alike, the author asserts that projects failing to be completed on time have two factors in common: poor project programing and poor record keeping, ‘competence in both of which is essential for effective project control.’

It should be emphasised that the book is a team effort with contributions from ten experts including the author. Within its more than 1,200 pages and twenty-five chapters, it covers virtually every conceivable aspect of this complicated subject, from risk, time, costs and project control to global claims, damages and dispute resolution. The chapter points on ‘notices, claims and early warnings’ are particularly interesting. Small wonder, then, that this definitive work has come to be regarded as a leading authority worldwide particularly in court decisions.

Note also, the tables of case report references, cases, legislation contract clauses and the list of other resources. There is in addition a wealth of online resources linked to this new edition, namely the more than one hundred bespoke figures in the text which can all be downloaded.

The information and resources presented in this book, as well as the important new material it contains, certainly make it a must-have purchase for practitioners at the Construction Bar, or indeed anyone professionally involved in the construction industry,

The publication date is cited as at February 2016.


Delay and Disruption in Construction Contracts
Delay and Disruption in Construction Contracts
par Andrew Burr
Edition : Relié
Prix : EUR 502,51

5.0 étoiles sur 5 THE WORK OF REFERENCE THAT EVERY COMMERCIAL CONSTRUCTION LAWYER SHOULD HAVE –, 19 mai 2016
Ce commentaire fait référence à cette édition : Delay and Disruption in Construction Contracts (Relié)
THE WORK OF REFERENCE THAT EVERY COMMERCIAL CONSTRUCTION LAWYER SHOULD HAVE –
NOW IN A NEW FIFTH EDITION COMPLETE WITH LINKED DOWNLOADS

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

The truism that delays waste time and time costs money -- is almost monumentally pertinent to the construction industry which, by its very nature, involves massive expenditure with the requirement of massive capital investment.

Delay and disruption, however, are the two factors that seem to occur in the construction industry more often than they are avoided – hence the pressing need on the part of all practitioners at the Construction Bar for the latest edition of this indispensable text published recently by Informa from Routledge as part of their Construction Practice series.

‘Delay,’ says the expert and erudite author Andrew Burr, ‘happens in all industries ,jurisdictions and cultures,’ adding that when time has not been managed effectively, the consequences can be devastating for all participants in a project large or small, from employers and consultants to contractors and suppliers.

One of the more spectacular examples cited is that of the Scottish Parliament building which incurred prolongations costs of £150 million – a sum which, as Burr points out, ‘could have funded a fully equipped general hospital.’ Other projects like the Shard had their problems too.

Fortunately there are legal processes aimed either at settling the complex legal disputes that almost inevitably result from delays, or preventing such delays from happening in the first place. By way of example in the book’s introduction, the author refers to a protocol published in October 2002 as the result of certain discussions by the Society of Construction Law.

The resulting Delay and Disruption Protocol set out in Appendix 3 emphasizes the need for foresight (if at all possible) in the early stages of a project. The concern here says the author, is with ‘managing time proactively or delaying with extensions time and compensation for delay.’

Rather dismayingly, ‘the industry did not take this message to heart,’ says Burr. Instead, the protocol has been used more frequently ‘as a stick with which to beat the opposition in disputes rather than to avoid disputes in the first place.’

Written with precision and clarity, the book offers a wealth of discussion containing down-to-earth advice as to how problems -- specifically legal problems -- relating to time management can be overcome, or at least dealt with on a rational basis. While no two construction projects are alike, the author asserts that projects failing to be completed on time have two factors in common: poor project programing and poor record keeping, ‘competence in both of which is essential for effective project control.’

It should be emphasised that the book is a team effort with contributions from ten experts including the author. Within its more than 1,200 pages and twenty-five chapters, it covers virtually every conceivable aspect of this complicated subject, from risk, time, costs and project control to global claims, damages and dispute resolution. The chapter points on ‘notices, claims and early warnings’ are particularly interesting. Small wonder, then, that this definitive work has come to be regarded as a leading authority worldwide particularly in court decisions.

Note also, the tables of case report references, cases, legislation contract clauses and the list of other resources. There is in addition a wealth of online resources linked to this new edition, namely the more than one hundred bespoke figures in the text which can all be downloaded.

The information and resources presented in this book, as well as the important new material it contains, certainly make it a must-have purchase for practitioners at the Construction Bar, or indeed anyone professionally involved in the construction industry,

The publication date is cited as at February 2016.


Laytime and Demurrage
Laytime and Demurrage
par John Schofield
Edition : Relié

5.0 étoiles sur 5 FROM THE LLOYDS SHIPPING LAW LIBRARY:, 8 mai 2016
Achat vérifié(De quoi s'agit-il ?)
Ce commentaire fait référence à cette édition : Laytime and Demurrage (Relié)
FROM THE LLOYDS SHIPPING LAW LIBRARY:
A LEADING SHIPPING LAW TEXT ON LAYTIME AND DEMURRAGE -- NOW IN A NEW SEVENTH EDITION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of
Richmond Green Chambers

From Lloyds Shipping Law Library comes this new seventh edition of ‘Laytime and Demurrage’ recently published by Informa from Routledge. Since 1986 when the first edition was published, this text has become the definitive work in this often abstruse and complicated area of shipping law.

The author John Schofield, who has also written the fifth and sixth editions of this book, discusses the often elusive meaning of the term ‘demurrage’ which seems to defy precise definition, although it is useful to know that the term comes from the Latin word for ‘delay.’

If one notes the author’s quote from the judgment in Harris v Jacobs, demurrage can be described as ‘…the agreed amount of damage which is to be paid for the delay of the ship caused by a default of the charters at either the commencement or the end of the voyage.’

Demurrage, then, is due as and when the ‘laytime’ has been exceeded; i.e. the time allowed for the receiving of -- or the discharging of -- the ship’s cargo -- (See Appendix A). Perhaps to oversimplify, this means basically that the shipment has been received late and the demurrage is the penalty payment which has been authoritatively described as a type of recoverable liquidated damages. Issues of breach of contract now emerge.

This new edition reflects the fact that new developments and new cases have emerged since the last edition was published in 2011. ‘A number of cases have reached the courts,’ says the author, ‘and have modified, or at least clarified, the law relating to laytime and demurrage.’

Here Schofield expresses concern over moves to impose regulatory control over when detention or demurrage is payable, adding that this development was opposed by the World Shipping Council on behalf of the industry generally. ‘Whether anything will come of it,’ he says, ‘we will have to wait and see.’

In the meantime, this excellent text remains the definitive work in this area of shipping law, in particular the law relating to voyage charters. No pun intended -- this new edition has been made easier to navigate via an improved index which makes specific topics easier to look up, as does the detailed seven page table of contents. Extensive tables of cases and statutes are included, together with extensive footnoting and numbered paragraphs throughout and three appendices.

As the book covers virtually every conceivable aspect of this subject, it is undoubtedly an essential purchase -- especially in this new edition -- for all shipping practitioners.

The law is stated as at 15 November 2015.


Singapore Arbitration Legislation: Annotated
Singapore Arbitration Legislation: Annotated
Prix : EUR 174,79

5.0 étoiles sur 5 AN ESSENTIAL WORK OF REFERENCE FOR ARBITRATION LEGISLATION IN SINGAPORE –, 7 mai 2016
Ce commentaire fait référence à cette édition : Singapore Arbitration Legislation: Annotated (Format Kindle)
AN ESSENTIAL WORK OF REFERENCE FOR ARBITRATION LEGISLATION IN SINGAPORE –
NOW IN A NEW SECOND EDITION FOR 2016

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of
Richmond Green Chambers

The role and influence of Singapore in both arbitration and international arbitration has grown significantly over recent decades. Arbitrators, as well as international lawyers would do well to acquire this book, published recently by Informa Law from Routledge and now in a second revised edition.

Certainly as a dispute resolution jurisdiction, Singapore has acquired what is widely regarded as a worthy and formidable reputation for the efficient conduct of this type of legal service. In the view of many it is second only to London as an arbitration destination – as you will see from reading this book.

The legislation is fully annotated, making it easier to access cases decided under a particular provision.

As the co-authors, Robert Merkin and Johanna Hjalmarsson, point out Singapore has two parallel arbitral systems. One is for domestic arbitration… the other is for international arbitrations, enshrined in the IAA, International Arbitration Act 1994 set out in detail in Chapter 2. Since 1986, Singapore has been a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards 1958. The writers also stress that Singapore’s legal system is ‘fully equipped to allow it to take its place as a leading forum for hosting international arbitrations.’

Since the first edition was published in 2009, the law of arbitration in Singapore has undergone a number of changes which of course are incorporated in this new edition. For example, important amendments have been made to the International Arbitration Act and the Arbitration Act, the courts have handed down approximately 100 decisions on arbitration matters and there is a new set of SIAC Rules (Singapore International Arbitration Centre). There are thirty-seven of these listed in Chapter 6.

New material in this edition also includes the State Immunity Act and the Contracts (Rights of Third Parties) Act. It is also mentioned that Singapore is a signatory to the UNCITRAL Model Law, but has also adopted what is referred to as its own distinctive approach to a number of issues, virtually all of which emerge in this book, including a number of interesting comparisons between arbitration in London and arbitration in Singapore.

Extensively and copiously footnoted with a detailed index and table of contents and a lengthy table of cases, this annotated work of reference should be considered as essential reading for all those involved in dispute resolution – especially internationally – including lawyers as well as arbitrators.

The work is stated as up to date as of August 2015.


Relocation: A Practical Guide
Relocation: A Practical Guide
par Rob George
Edition : Broché

5.0 étoiles sur 5 New edition now out, 7 mai 2016
Ce commentaire fait référence à cette édition : Relocation: A Practical Guide (Broché)
“THERE ARE NO WINNERS AND THERE IS FREQUENTLY A GREAT DEAL OF SADNESS ALL ROUND”

INTRODUCING AN ACCESSIBLE GUIDE TO THE PROBLEMS OF WARRING PARENTS SEEKING TO RELOCATE -- NOW IN A NEW SECOND EDITION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

With increasing globalisation and therefore greater job mobility, the title of this book, “Relocation”, becomes all the more significant -- and the difficult matters referred to, all the more urgent.

Published by the Family Law imprint of Jordan Publishing Limited, ‘Relocation’ both explores and explains the entire legal process involved in settling disputes between separated parents, one of whom wishes to relocate to a different country, or geographic location, despite vehement opposition from the other. At the heart of these difficulties is the welfare of the child or children involved. The four authors, all of whom have extensive experience in this field, warn us that these are serious and difficult matters.

In her excellent Foreword, Black LJ refers to the difficulties of trying a relocation case, especially one involving international boundaries. ‘Often no one has done anything wrong,’ she says. ‘They simply have the misfortune that one parent wants to move with the children to live somewhere else a long way away, for reasons which seem good ones. There are no winners and there is frequently a great deal of sadness all round’

Considering the complexities and sensitivities inherent in this area of law, having this book to hand as a ready reference virtually places an expert advisor at your fingertips -- four advisors in fact -- each a specialist in this particular field. And actually, you don’t need to be a family lawyer to read, note and inwardly digest the sensible and well informed advice offered, especially as the authors have been careful to make the content of the book as accessible to parents as it is to practitioners.

Taking the reader through the relevant law and practice, the book offers helpful key summaries and illustrative case studies, all of which in turn, make a rather fascinating read, especially when salient and sensible points are made – like for example, advising the separating parties that travel costs between certain countries might in many circumstances seem preferable to spending large chunks of the family resources on legal costs.

That said the book commences with two background chapters which introduce the factual and legal context, together with an overview of the law. The subsequent five chapters focus on the practical need-to-know aspects of court and pre-court issues and procedures, with a view to looking objectively at ‘both sides’ in a relocation dispute.

Also useful and indeed essential are the twenty-six appendices which take up almost half the book. These include statutory provisions, case extracts, key practice directions, sample forms and more.

Thankfully, the book is easy to navigate, with numbered paragraphs throughout, a detailed table of contents and index and an extensive bibliography. Also note the tables of cases, statutes and statutory instruments, as well as the table of European and international legislation.

Now it its second edition – which contains important new material – this book is a must-have purchase for family practitioners in this field, as well as separating parents finding themselves embroiled in relocation disputes.

The authors have stated the law as at February 2016, with the cautionary note that the law in this area is constantly changing.


Relocation: A Practical Guide
Relocation: A Practical Guide
par Rob George
Edition : Broché

5.0 étoiles sur 5 New edition now out...., 7 mai 2016
Ce commentaire fait référence à cette édition : Relocation: A Practical Guide (Broché)
“THERE ARE NO WINNERS AND THERE IS FREQUENTLY A GREAT DEAL OF SADNESS ALL ROUND”

INTRODUCING AN ACCESSIBLE GUIDE TO THE PROBLEMS OF WARRING PARENTS SEEKING TO RELOCATE -- NOW IN A NEW SECOND EDITION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

With increasing globalisation and therefore greater job mobility, the title of this book, “Relocation”, becomes all the more significant -- and the difficult matters referred to, all the more urgent.

Published by the Family Law imprint of Jordan Publishing Limited, ‘Relocation’ both explores and explains the entire legal process involved in settling disputes between separated parents, one of whom wishes to relocate to a different country, or geographic location, despite vehement opposition from the other. At the heart of these difficulties is the welfare of the child or children involved. The four authors, all of whom have extensive experience in this field, warn us that these are serious and difficult matters.

In her excellent Foreword, Black LJ refers to the difficulties of trying a relocation case, especially one involving international boundaries. ‘Often no one has done anything wrong,’ she says. ‘They simply have the misfortune that one parent wants to move with the children to live somewhere else a long way away, for reasons which seem good ones. There are no winners and there is frequently a great deal of sadness all round’

Considering the complexities and sensitivities inherent in this area of law, having this book to hand as a ready reference virtually places an expert advisor at your fingertips -- four advisors in fact -- each a specialist in this particular field. And actually, you don’t need to be a family lawyer to read, note and inwardly digest the sensible and well informed advice offered, especially as the authors have been careful to make the content of the book as accessible to parents as it is to practitioners.

Taking the reader through the relevant law and practice, the book offers helpful key summaries and illustrative case studies, all of which in turn, make a rather fascinating read, especially when salient and sensible points are made – like for example, advising the separating parties that travel costs between certain countries might in many circumstances seem preferable to spending large chunks of the family resources on legal costs.

That said the book commences with two background chapters which introduce the factual and legal context, together with an overview of the law. The subsequent five chapters focus on the practical need-to-know aspects of court and pre-court issues and procedures, with a view to looking objectively at ‘both sides’ in a relocation dispute.

Also useful and indeed essential are the twenty-six appendices which take up almost half the book. These include statutory provisions, case extracts, key practice directions, sample forms and more.

Thankfully, the book is easy to navigate, with numbered paragraphs throughout, a detailed table of contents and index and an extensive bibliography. Also note the tables of cases, statutes and statutory instruments, as well as the table of European and international legislation.

Now it its second edition – which contains important new material – this book is a must-have purchase for family practitioners in this field, as well as separating parents finding themselves embroiled in relocation disputes.

The authors have stated the law as at February 2016, with the cautionary note that the law in this area is constantly changing.


Jowitt's Dictionary of English Law
Jowitt's Dictionary of English Law
par Daniel Greenberg
Edition : Relié
Prix : EUR 733,18

5.0 étoiles sur 5 New edition now out...., 1 mai 2016
Ce commentaire fait référence à cette édition : Jowitt's Dictionary of English Law (Relié)
NEW CONCEPTS TO NAME AND NEW NAMES TO KNOW…

WHEN MATTERS OF DEFINITION AND INTERPRETATION COUNT, CONSULT ‘JOWITT’S DICTIONARY OF ENGLISH LAW’ – NOW IN A NEW EDITION

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Whether you are a barrister or solicitor, you might find it politic, or practical -- or actually time-saving -- to use a dictionary more often -- and please, do not infer any insult here. What we are referring to is the growing awareness that – depending on requirements – internet research is sometimes a cumbersome means of getting the information you need, compared with looking something up in a dictionary.

For example, if you need to look up the definition of -- or an explanation of -- certain legal terms or legal principles, and you need to do it quickly, a dictionary can do it for you. But don’t rely on just any dictionary. What you will almost inevitably need is concise, precise definition often augmented by necessary detail, a combination of attributes you will get only from a specialist legal dictionary, preferably one that is up to date, in which case you will welcome this latest edition of ‘Jowitt’s Dictionary of English Law’ published by Sweet & Maxwell.

Once you use it, you will see why Jowitt is considered the most authoritative legal dictionary of English law -- and we would be inclined to say, the most accessible. Like many another good dictionary, it can be an entertaining read in itself.

Whether you are interpreting, or drafting, or seeking a basic understanding of key legal terminology, Jowitt is the ideal work of reference, especially if you agree that good law depends on the precise definition of words. Many a case after all, has been won or lost over the exact meaning of a word or phrase. And as there is obviously now more case law and more statutes than ever, reliance on interpretation is all the more important, especially when you are advising clients.

Under the editorship of the excellent Daniel Greenberg, who heads a team of over eighty or so experts, this new edition of Jowitt has been carefully updated to take account of new developments in the law which have engendered new concepts to name and new names to know. Significant terms found in new legislation and elsewhere have been added, particularly in such continually changing areas of legal endeavour as environmental law, housing and alternative dispute resolution.

Comprising over 2,700 pages, this two volume work of reference contains words old and new, from ‘abandonment’ and ‘abduction’ to ‘zoo’ and ‘zoonoses’. (Us neither, but the meaning is quite clear when .you look it up). While obsolete terms have been judiciously culled, it is reassuring to note that many archaic terms, including Latin terms remain. This is immensely helpful when you need to research the history of a case, even though the use of Latin terms in particular, is now discouraged.

Interestingly, most of the entries provide extensive definitions, (some almost like a mini-thesis in length) including connotations and multiple meanings (where relevant) as well as commentary on the history of particular terms. ‘Abduction’, for example, can refer to a number of situations from child kidnapping to forced marriage.
And if you think you know what a sausage is, think again. It does have a legal definition, appropriately ensconced in Jowitt.

Also consider the word ‘dog’ – defined at least initially, as a ‘noble beast much maligned by statute.’ But the definition does not stop there. If you are dealing with a dangerous dog case, or if you want to know why there’s nothing illegal about not having a dog licence in the UK, Jowitt enables you to grasp almost instantly, the when, where and why of the issues involved.

These are only a couple of examples of how often Jowitt can reveal, quickly and decisively, what’s legal and what isn’t. Note also the numerous cross-references to definitions in ‘Stroud’s Judicial Dictionary,’ also from Sweet & Maxwell and edited by Daniel Greenberg. With Jowitt to hand, you can handle lengthier and more complicated research with even more confidence.

These two volumes together constitute a pretty terrific investment and certainly, one or several copies should be included in every well stocked law library.

The publication date is cited as at August 2015.


Research Handbook on the History of Copyright Law
Research Handbook on the History of Copyright Law
par Isabella Alexander
Edition : Relié
Prix : EUR 249,46

5.0 étoiles sur 5 HOW COPYRIGHT HAS EMERGED AS A SUBSTANTIVE LAW AREA IN ITS OWN RIGHT!, 30 avril 2016
Ce commentaire fait référence à cette édition : Research Handbook on the History of Copyright Law (Relié)
HOW COPYRIGHT HAS EMERGED AS A SUBSTANTIVE LAW AREA IN ITS OWN RIGHT!

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Anyone remotely involved or interested in how the law of copyright has developed in our new IT age will find this book a magnificent journey through special parts of our common law history. The editors begin by saying that the study of copyright’s history dates back almost to the birth of copyright “as a statutory construct” which will help us all as legal historians.

The editors also consider the importance of what a ‘handbook’ is for, using the OED definition of “a book small enough to be easily portable and intended to be kept close to hand” and that is what you have here! Produced in less than 500 pages, they look at the emergence of copyright during the common law copyright debates of the 18th century, moving to the lawyer’s texts of 19th century and then a move of copyright to “outside the legal academy in 20th century” because many more people have become intimately involved in this fascinating subject.

The starting point for copyright can be seen with Kaplan’s Carpentier Lectures in 1966 and his work “An Unhurried View of Copyright” where he actually talked about the ‘communications revolution of our time’ which is now 50 years ago and unfortunately we remember it all so well!

As the 17 contributors rightly say there has been an “explosion of interest in recent years regarding the origin and of intellectual property law”. They conclude that the study of copyright history, in particular, has grown remarkably since 1990s, with a flurry of activity since 2005.

So what exactly is “copyright” today. It is best described as “ an exclusive right which vests in original literary, dramatic, musical and artistic works as well as broadcasts, films, sound recordings and typographical arrangements” so the list is pretty big and expanding with IT developments to a much wider group of people.

The “Research Handbook on the History of Copyright Law” evaluates “the field of copyright history as it stands today”, and reviews contemporary and potential developments. The contributions cover copyright and history experts from across the UK, Australia, the United States, France, Spain and Italy, and it covers European, US and international copyright history from 16th Century to the early 20th century.

In short, Edward Elgar Publications give us a broad survey here of copyright and gives us a solid foundation for future legal research in what is such an important area of business and art.

Academics researching copyright law, authorship, art, and the book and music trades we know will find this title an invaluable resource for their work. It will also be of use to practitioners and the judiciary with an interest in the doctrinal history of copyright law which is so well set out here and another example of the excellent publications produced for lawyers from Elgar for their research handbooks in intellectual property series of legal works.

The publication date is 2016.


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