July 2024 – The UK Law Journal

Agency: Law and Principles by Roderick Munday
Publisher: Oxford University Press
Edition: 4th Edition (February 2022)
ISBN: 978-0-19285619-7
Price: £135.00
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For any commercial practitioner, the concept of agency is never far away. For example, many businesses operate using commercial agents (which is highly regulated) or have third parties selling goods for them. There may also be ad hoc agency arrangements, or more formalised agency relationships. There can also be ‘agency’ relationships (in a broader sense) which impose particular duties (for example, a fiduciary duty or some other duty of disclosure or information). Agency: Law and Principles brings together all of those concepts into a practical and accessible account of the law.

Agency: Law and Principles is split into thirteen chapters: the nature of agency; creation of agency; the actual authority of the agent; apparent authority; authority deriving from agency of necessity; ratification; the agent’s liability for breach of warranty of authority; legal relations between principal and agent: duties the agent owes to his principal; legal relations between principal and agent: rights of the agent against the principal; legal relations between principal and agent; the tortious liabilities of principal and agent; legal relations between agent and third party; and termination of agency. Each chapter is sub-divided into a series of short and clear paragraphs.

I have been a fan of Agency: Law and Principles for a number of years. This new edition has impressively and seamlessly incorporated of a significant amount of new material. For example, it considers the implications of the European Withdrawal Act 2018 on the English Court’s interpretation of the Commercial Agents (Council Directive) Regulations 1993. It also considers the important distinction between agents, employees and independent contractors: a topic which led to the UK Supreme Court’s decisions in Various Claimants v Catholic Child Welfare Society [2012] 3 WLR 1319 and, more recently, the decisions in WM Morrison Supermarkets plc v Various Claimants [2020] AC 989 and Barclays Bank plc v Various Claimants [2020] AC 989.

For anyone dealing with the knotty topic of agency law, Roderick Munday’s Agency: Law and Principles provides a clean and accessible account of the law. It covers a wide range of topics including commercial agents under the Commercial Agents (Council Directive) Regulations 1993, statutory agents under the Factors Act 1889 and more general agency relationships. Its layout is also clear and accessible; allowing the reader to quickly find the relevant passages. The footnotes also provide a great starting point for further research on more nuanced issues.

Reviewed on 15 July 2024

Mann and Proctor on the Law of Money by Charles Proctor
Publisher: Oxford University Press
Edition: 8th Edition (January 2023)
ISBN: 978-0-19880492-5
Price: £295.00
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More than ten years have passed since the last edition of Mann and Proctor on the Law of Money was published. Since then, there have been significant developments. These include the impact of Brexit on monetary law, the development of cryptocurrencies (including Bitcoin) and whether such currencies constitute money and not property, the continuing role of the International Monetary Fund and the European Central Bank on the Greek crisis and the effect of hyperinflation in countries like Zimbabwe. All of these changes have been seamlessly incorporated into this latest edition.

This eighth edition is split into six parts: the concept of money and monetary systems; the private law of monetary obligations; the principle of nominalism; exchange, controls, exchange rates and sanctions; public international law of money; and monetary unions and other forms of monetary organisation. Each part then includes a number of chapters. For example, Part I includes chapters on: the concept of money; the organisation of the monetary system; the role of the central bank; and payment systems.

Like earlier editions, Mann and Proctor on the Law of Money provides an indispensable and coherent account of the law of money. It is both thought-provoking and accessible. It tackles the latest developments in a clear and comprehensible way. For example, it makes the point that “a virtual currency has no monetary status does not mean that it has no legal status at all – the status of Bitcoin as a form of property in the eyes of English law has provisionally been confirmed by the High Court“. It also clearly explains to the reader that a “further set of problems may arise where cross-claims in different currencies have to be determined and settled by means of a single judgment” and provides clear and practical guidance.

For anyone looking for a clear, accessible and comprehensive account of the law of money, they should make sure a copy of Mann and Proctor on the Law of Money remains close to hand. It is littered with extremely detailed footnotes which provide a treasure-trove of materials for further research: an invaluable inclusion. It also provides an excellent and clear analysis of some of the more tricky topics from Brexit to hyperinflation to cryptocurrencies. It will no doubt continue to be a favourite of practitioners for years to come.

Reviewed on 9 July 2024