The UK Law Journal – Page 3 – UK law journal for practitioners and students

28 December 201511 June 2020

Core Text: Evidence

Now a long-standing text on evidence, and from Oxford University Press’ excellent Core Text Series, Roderick Munday’s Evidence aims to offer students a succinct yet thought-provoking introduction to all of the key areas covered on law of evidence courses. It has been thoroughly updated since the last edition to consider a number of important cases including Mitchell v News Group Newspapers Limited [2014] EWHC 3590 (QB) and R v Dixon [2014] 1 WLR 525. These updates, along with many others, have led to seamless re-writing of this latest edition of Evidence.

Written by Dr Roderick Munday, Evidence is split into twelve chapters: relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous inconsistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies, or false alibis; identification evidence.

Munday’s Evidence is primarily written for criminal evidence courses; this necessarily dictates the topics it covers. For example, there is a fascinating point for civil practitioners on the reserved burden of proof in some statutory provisions like the Employment Rights Act 1996 and the Consumer Credit Act 1974. However, this is not dealt with in Evidence. What is covered, however, are the key topics covered on many undergraduate evidence courses. This includes an excellent analysis of topics like failing to give evidence at trial. Evidence is also written in a clear and accessible way; this is some achievement for this ever evolving and fast-moving area of law.

If you are looking for an introductory text on the law of evidence, Munday’s Evidence certainly provides this. It also comes with an Online Resource Centre (available from: http://global.oup.com/uk/orc/law/evidence/munday8e/) which, by the time of this review, has a number of useful weblinks and two updates (which is impressive). Its price, however, may be just too much for many students looking for an introductory text (and it is one of the most expensive texts from Oxford University Press’ Core Text Series). For those who do buy a copy of Munday’s Evidence, they will find it provides an accessible and clear account of the law of evidence.

Reviewed on 28 December 2015

24 December 201511 June 2020

Blackstone’s Statutes on Commercial & Consumer Law 2015-2016

It has been over fifteen years since I first started to use Blackstone’s Statutes on Commercial & Consumer Law. Since using an edition back in the late 1990s, it has grown in size (consistent with the increase in statutory provisions on commercial and consumer law). However, some things have remained unchanged. These include the editor, Francis Rose, who continues to expertly select just the right amount of material for students and busy practitioners. It also includes the clear and up to date layout. If you are studying commercial or consumer law, or a practising lawyer, Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 is a text for you.

Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 is split into four parts: statutes; statutory instruments; EU materials; and codes. Each part includes a vast selection of material. For example, the first part on statutes includes extracts from the following Acts: the Factors Act 1889, the Hire-Purchase Act 1964, the Misrepresentation Act 1967, the Supply of Goods (Implied Terms) Act 1973, the Consumer Credit Act 1974, the Companies Act 2006 and (importantly) the Consumer Rights Act 2015. The second part on statutory instruments includes: the General Product Safety Regulations 2005, the Payment Services Regulations 2009 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The impressive feature of Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 is the breadth of material it covers. There is, to be fair to Professor Rose, enough material on either commercial law or consumer law alone to occupy its own Statute Book. However, Professor Rose has managed to select just the right amount of material for everyday use. While there will be times when the reader has to consult the full legislative provision, Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 includes most of the key provisions. This is some accomplishment in a fast moving areas of law like commercial or consumer law.

If you are looking for a text containing all of the key relevant provisions on commercial and consumer law, you should look no further than Blackstone’s Statutes on Commercial & Consumer Law 2015-2016. At just under £17, it also provides excellent value for money. The layout is clear and crisp; exactly what is needed when you are in exam conditions or at Court being asked direct questions by a judge. If you have any interest in consumer or commercial law, Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 will form a valuable part of your personal library.

Reviewed on 24 December 2015

28 March 201511 June 2020

Business Law

While it is primarily designed for undergraduate students on business courses, Business Law aims to offer a comprehensive coverage of all of the key aspects of business law in a straight-forward manner which is easy to understand for business students. This is, of course, an ambitious aim given the vast areas of law which many businesses deal with on a day to day basis. However, and to a large extent (subject to some of the errors discussed later), it broadly achieves that aim. What Business Law also demonstrates is just how important a working knowledge of the law is for anyone in business: if you do not know the basics, you can often be exposed to significant business risks.

Written by a team of experienced law teachers, with particular expertise in a business law environment, Business Law is split into five parts: law, legal sources and dispute resolution; business transactions; business liability; business organisation; and employment law and health and safety. This is expanded from the first edition and shows the increased focus on issues like health and safety law (which pose important civil and criminal risks). Each part is split into a number of chapters. For example, the part on business organisations has chapters on: agency; partnership law; and company law. The part on business transactions has chapters on: contract; and sale of goods and supply of services. It is, however, somewhat surprising that there is still no coverage of intellectual property or advertising law.

Because Business Law is aimed at law and business students, and covers so many different areas of law, it does not attempt to cover the topics in significant detail. Instead, it largely provides a clear and concise consideration of the various areas of law. It is, however, disappointing that there continues to be some key errors and omissions. For example, when consider the (now repealed) Consumer Protection (Distance Selling) Regulations 2000, the authors suggests there is no right to cancel a distance contract where the goods have been used. Firstly, this is wrong and contrary to former OFT Guidance. Secondly, these regulations were replaced on 13 June 2014 by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (which are not mentioned at all; despite those regulations being made on 11 December 2013). There is also reference to the Consumer Transactions (Restrictions on Statements) Order 1976 creating a criminal offence. This is also wrong; it was repealed on 26 May 2008.

This second edition of Business Law will be a good companion for anyone studying law as part of a business course (particularly those at undergraduate level). It comes with a very useful companion website (available from: http://cw.routledge.com/textbooks/kelly-9780415559737/). By the time of this review, there are a number of resources including multiple choice questions, cases studies and weblinks. The errors did, however, undermine my confidence somewhat in the rest of the text (and particularly because one of the errors was raised in our review of the first edition). It is therefore a useful companion but should be used with some caution. If, however, these errors are resolved for future editions, there is no doubt that Business Law will continue to be an important text for business students for years to come. When combined with the companion website, it is also well priced.

Reviewed on 28 March 2015

14 December 201411 June 2020

Information Technology Law

Being an avid fan of Ian Lloyd’s Information Technology Law, I have been looking forward to this new edition since I reviewed the sixth edition back in 2013. It was a little surprising to learn, in such a fast moving area of law, that three years passed between the sixth and seventh editions. In that time there have been continued changes in this fast-moving area of law. For this new edition of Information Technology Law, Lloyd has made substantial revisions including (a) a new chapter on electronic money and online gambling, (b) new sections on expanding topics like cyber-terrorism and cyber-warfare and (c) expanded treatment of issues relating to online criminality. All of these changes add to the quality of the text meaning Information Technology Law remains one of the key texts on IT law.

Written by an extremely experienced and highly regarded academic, Information Technology Law is split into five parts: privacy, anonymity, and data protection; computer-related crime; intellectual property issues; e-commerce; and internet specific issues. Each part has a number of chapters. For example, the first part includes chapters on: the emergence of data protection; the data protection principles; and transborder data flows. The second part includes chapters on: the phenomenon of computer-related crime; legislating for computer crime; and detecting and prosecuting computer crime.

Information Technology Law continues to be one of my favourite texts. It is superbly written; Lloyd has the ability to explain difficult topics in a user-friendly and accessible way (and this is very much part of the text’s simplicity). There are also numerous footnotes which provide a treasure-trove of research material for an essay, dissertation or thesis. The online resource centre has three resources: web links; an IT law blog (written by Professor Lloyd); and updates. Unfortunately (and by the time of this review), there are currently no updates and Professor Lloyd’s blog has not been updated since March 2013.

If you are looking for an engaging and thought-provoking text on information technology law then I have no hesitation in recommending Information Technology Law. It is an impressively written and logical analysis of this evolving, topical and fascinating area of law. It is very readable because complex legal issues are broken down into a series of small (and understandable) steps. By adopting this approach, Lloyd ensures that Information Technology Law is a vital text for students and practitioners alike. Lloyd’s blog is also an excellent idea and gives a real insight into the author’s mind (and it is hoped it is updated in the future). Information Technology Law already is (and will continue to be) an important text for years to come.

Reviewed on 14 December 2014

19 October 201411 June 2020

Information Technology Law: The Law and Society

There can be no doubt that information technology law is one of the most fast moving areas of law. As technology continues to advance and develop, so must the law. This second edition of Information Technology Law: The Law and Society aims to tackle this issue by systematically examining how the law and legal processes in the UK, which is designed to meet the needs of a traditional physical society, interacts with the modern ‘information society’ and the fast moving process of digitisation. What you have is an engaging and thought-provokingly worthwhile account of this complicated issue.

Written by Andrew Murray, Information Technology Law: The Law and Society is split into seven parts: information and society; governance in the information society; digital content and intellectual property rights; criminal activity in the information society; e-commerce; privacy in the information society; and future challenges for information law. Each part has a number of chapters. For example, the part on e-commerce has chapters on: branding and trade marks in the information society; electronic contracts; and electronic payments and taxation. The part on privacy in the information society has chapters on: data protection; and data and personal privacy.

One of the first things which strikes you when reading Information Technology Law: The Law and Society is the sheer breath of material it covers. For example, it looks at issues like electronic money, including its development over the years to allow, crucially, payments in different ways (like payments using a mobile phone), super-injunctions and the use of social media (and its criminalisation most recently seen following the riots in 2011). The fact that so much ground is covered does not mean, however, that the text feels disjointed; in fact, it is both well-written and engaging. It is also extremely thought-provoking with Murray challenging the law throughout the text.

If you are looking for a textbook on information technology law which explains the law, its development and its limitations, then Murray’s Information Technology Law: The Law and Society is an excellent resource. It has an online resource centre which, by the time of this review, is already packed with a number of additional resources (which increases the longevity of a text in a fast-moving area of law like IT law). It is hoped that these updates continue until the next edition is published. In the meantime, Information Technology Law: The Law and Society is an important and engaging contribution to this fast moving area of law.

Reviewed on 19 October 2014

25 May 201411 June 2020

Commercial Law

This eighth edition of Commercial Law by Paul Dobson and Rob Stokes (it is, in fact, only the second edition under the title ‘Commercial Law‘; the first six were published under the title ‘Sale of Goods and Consumer Credit‘) is an extremely welcome addition to the relatively few textbooks covering consumer and commercial law. It has been updated to include the latest developments in the law including the Supreme Court’s decision in Office of Fair Trading v Abbey National plc & Others [2009] UKSC 6 and the emerging case-law dealing with the implementation of the Consumer Protection from Unfair Trading Regulations 2008. These revisions are seamlessly incorporated and Commercial Law continues to be indispensable reading for any commercial or consumer lawyer.

The change in the textbook’s title for the seventh edition, from Sale of Goods and Consumer Credit to Commercial Law, was partly driven by the introduction of a new section on agency law. This latest edition of Commercial Law continues to be split into three parts: sale of goods; consumer credit; and agency. It is fairly rare for academic textbooks to have significant coverage of consumer credit law. While some recent commercial law textbooks have devoted a chapter or so to this topic, the only textbook providing significant coverage for less than £100 is Consumer Credit: Law, Practice and Precedents. This is therefore a significant advantage over competing texts (particularly given the significant attention that consumer credit is currently receiving).

Commercial Law is very well-written. It deals with some rather complicated topics in a straight-forward and practical way. It strikes a fine balance between explaining the essentials without ‘bogging-down’ the reader in technical detail: this is a wonderful achievement (particularly for a text dealing with notoriously complicated subjects like sales of goods, consumer credit and agency). The text is also well laid out: the reader can quickly distinguish between text, headings and materials. The list of further reading (while fairly limited) provides some useful sources of further material for those looking to consider some of the points in more detail.

If you are looking for an excellent overview of sale of goods, consumer credit and agency law, you should seriously consider Commercial Law: it provides a fantastic introduction to these topics. The key principles are explained a simple and logical way allowing them to be quickly understood by both experienced and inexperienced commercial lawyers. If future editions include a more detailed list of further reading, it will provide a more comprehensive source on commercial law. This is, however, a minor issue in an otherwise excellent text. Its price, at just over £30, also means that it is fantastic value for money compared to its competitors. I have no doubt that it will continue to be a well-regarded text for years to come.

Reviewed on 25 May 2014

30 December 201316 February 2021

Gower & Davies: Principles of Modern Company Law

For many students, company law is a topic which can be problematic to understand. It is a complex web of case-law and statutory provisions (and the recent Companies Act 2006 spans more than 1,000 sections). It is, however, an extremely important topic for any commercial practitioner, particularly corporate lawyers. To help understand and master the law comes this ninth edition of Gower & Davies: Principles of Modern Company Law by Paul L. Davies who is joined by, for the first time, Sarah Worthington. It aims to be the leading text on company law by providing clarity while covering all key areas on a day-to-day basis by way of a detailed, in-depth analysis. It easily achieves this aim.

Gower & Davies: Principles of Modern Company Law is split into seven parts: introductory; separate legal personality and limited liability; corporate governance: the board and shareholders; corporate governance: majority and minority shareholders; account and audit; equity finance; and debt finance. Each part then includes a number of chapters. The text includes chapters on: personal liability for abuses of limited liability; disqualification of directors; dividends and distributions; directors’ duties; the derivative claim and personal actions against directors; unfair prejudice; share issues; transfers of shares; insider dealing and market manipulation; debentures; and winding-up, dissolution and restoration.

I first started to use Gower & Davies: Principles of Modern Company Law in the late 1990s when it was, I think, in its sixth edition. I was impressed with it then and continued to be impressed with it now. Since the last 1990s, this text has almost doubled in size but the principles of earlier editions remain: to provide a text which explains the material in a clear, but detailed (and in-depth), analysis. Because it achieves this aim easily, It continues to be a highly respected and academically stimulating text. It is also (unlike many similar texts) both well-written and accessible allowing even the most reluctant reader to quickly understand the important principles of company law.

This new edition of Gower & Davies: Principles of Modern Company Law builds on the excellent reputation of the previous editions. It is very readable and easy to get into. The wonderfully detailed footnotes are a treasure trove for further reading and research; ideal for any essays or dissertations. The revisions since the last edition have not effected the superb balance of earlier editions: this is an impressive achievement on its own. It is, quite simply, a must purchase for anyone interested in, studying or practising company law! If you cannot find the answer within the covers, there probably is not one.

Reviewed on 30 December 2013

27 December 201311 June 2020

Sports Law

There are more universities offering sports law as a separate module than they did ten or twenty years ago. This is, perhaps, recognition that sports law has gained its own place as an area of law on its own like tort, contract or crime. It is, however, commonly accepted that there is no specific definition of sports law (as James readily accepts) but, like the proverbial bus, everyone knows sports law when they see it. To try and lead the reader through the laws affecting sporting activities, which can be of general and specific application, comes this second edition of Sports Law by Mark James. Its aim (which it easily achieves) is to provide a comprehensive overview of the ways in which the law has impacted on how sport is played, administered and consumed.

Sports Law is split into four parts: origins and sources of sports law; sports participation and the law; stadiums, spectators and the law; and the commercialisation of sport. Each part includes a number of chapters. Part 2 includes chapters on: liability for injuries causes by other participants; liability for injuries caused by non-participants; and the legality of fighting sports. Part 3 includes chapters on: liability for dangerous premises and dangerous events; and stadium disasters and spectator safety. Part 4 includes chapters on: regulating sporting relationships in English law; the fan as consumer and the commercial exploitation of sport; and Olympic law and sporting mega-events.

Written in a practical and engaging way, Sports Law provides an excellent overview of the various principles of law which apply to sports. Each chapter adopts a familiar style: a chapter summary (which is an excellent road map to the chapter), then an explanation of key terms, then the body of the text, then ‘hot topics’ and then (finally) suggested further reading. This is a superb approach and really helps with the reader’s understanding. Sports Law also comes with a companion website (available from: http://www.palgrave.com/law/james2e/) which, even though the text was only published in June 2013, includes a number of updates (which were posted in July 2013). It is hoped that the companion website continues to be updated so that the reader can ensure he or she is fully up to date.

If you are interested in sports law, or the legal issues which apply to sport, you should not be without a copy of Mark James’ Sports Law. It is clearly and succinctly written and explains the principles in a thought-provoking way. I have always been a fan of Palgrave’s Law Masters series and this text follows in the great tradition of others. Its companion website is also impressive; already including an update so soon after the text’s publication. I have no doubt that Sports Law will continue to receive excellent reviews from students and practitioners alike; all of them will appreciate the layout and the clarity of the written style and the more experienced ones will enjoy the debates around the latest hot topics.

Reviewed on 27 December 2013

10 February 20137 June 2020

International Human Rights

While this is the first edition of Philip Alston and Ryan Goodman’s International Human Rights, it is the successor to the highly regarded and well-respected International Human Rights in Context. Its aim continues to be ambitious: to provide sophisticated and thought-provoking reflections on the current state of the art in relation to the international regime governing human rights. Fortunately (and perhaps unsurprisingly given the authors’ considerable experience in this vast area of law), International Human Rights achieves this aim with considerable ease by providing a text with real depth and insightful scholarly content.

Because both authors are co-directors of the Center for Human Rights and Global Justice at New York University, it is unsurprising that International Human Rights spans a vast range of topics. It is split into six parts: introductory notions and background to international human rights regime; normative foundation of international human rights; rights, duties and dilemmas of universalism; international human rights organisations; states as protectors and enforcers of human rights; and current topics. Each part then includes a number of chapters. For example, the part on normative foundation of international human rights includes chapters on: civil and political rights; economic and social rights; and national security, terrorism and the law of armed conflict.

Textbooks written by non-UK based lawyers can sometimes be for UK law students inaccessible, or at the very least less accessible, than those written by UK based lawyers. Fortunately, International Human Rights does not suffer from this problem: it is clearly and accessibly written and provides an excellent balance between commentary and analysis (including posing questions). To help the distinction between commentary and materials, the text could usefully include shaded backgrounds for materials to make them easily stand out from the commentary. International Human Rights also includes an online resource centre (http://global.oup.com/uk/orc/law/human/alston_goodman/) which, given the text’s recent publication, unsurprisingly includes few materials.

Anyone looking for a simulating and engaging account of the current state of the art in relation to the international regime governing human rights should look no further than International Human Rights (which builds upon highly regarded and well-respected International Human Rights in Context). Readers should, however, be left in no doubt that this text is not one for the faint hearted: it is a thorough and expansive account of the law which covers a considerable number of topics in an appealing way. At just over £40, International Human Rights is also extremely well priced. There can certainly be no suggestion that readers are not given excellent value for money.

Reviewed on 10 February 2013

28 December 201211 June 2020

A-Z Guide to Boilerplate and Commercial Clauses

Being creatures of habit, lawyers typically include standard clauses in commercial contracts simply because they have been using them for a number of years. This is not, however, the correct approach: when drafting any agreement, the draftsman should always ensure that the clause is clear, necessary and accurately reflects the parties’ intentions. To help with this task is the popular A-Z Guide to Boilerplate and Commercial Clauses. This provides an excellent and practical guide to the nature and effect of those standard and common terms which appear in commercial contracts. It also explains the interpretation and effect of such clauses.

Written by two experienced commercial lawyers, A-Z Guide to Boilerplate and Commercial Clauses provides an extremely clear explanation of a the important commercial clauses. Many commercial lawyers will welcome the excellent sample precedents which are (predominantly) written in plain English. By doing so, it encourages the reader to actually spend time considering how the clause works and how a third party would interpret it (which is extremely important). Such an approach, which is encouraged by this text, should reduce the risk of later disputes. Even a brief review of case-law will show that there are a substantial number of disputes concerning the interpretation or effect of terms and conditions.

A-Z Guide to Boilerplate and Commercial Clauses is (unsurprisingly) divided into alphabetical order. Each clause considers some standard wording, alternatives and the effect of those clauses. Where appropriate, the authors importantly consider the case law explaining how the courts have interpreted similar clauses and guidance issued by regulators. This is fundamental for both contentious and non-contentious lawyers and certainly saves considerable time which may otherwise be lost in a law library. It also comes with a CD-ROM. This includes the precedent clauses allowing the reader to copy and paste them into their commercial document. This will, without doubt, save time for the busy practitioner.

A-Z Guide to Boilerplate and Commercial Clauses impressively explains the key commercial clauses and their effect. It also has an excellent overview of the important legislative provisions and case law giving both experienced and inexperienced practitioner an excellent starting point for further research. It is one of the best, if not the best, guides to commercial and boilerplate clauses and should be close at hand for any commercial practitioner. The CD-ROM is an excellent idea and allows practitioners who are not always in the office to still have the benefit of this text.

Reviewed on 28 December 2012