The UK Law Journal – Page 4 – UK law journal for practitioners and students

28 December 201211 June 2020

Competition Law

It has been eight years since we reviewed the fifth edition of what was (at that stage) Professor Whish’s Competition Law. Since that review, there have somewhat surprisingly been only two new editions (this is the seventh edition; coming four years after the sixth) of this popular textbook on competition law. Competition Law also welcomes David Bailey as co-author. This latest edition has been thoroughly revised to take into account the significant amount of case law, legislative developments and (importantly) the Commission’s Guidance on its enforcement principles in applying Article 102. These revisions are impressively interwoven into this well-established and highly respected textbook on competition law while, at the same time, being an impressively clear account of the law in the UK, the EU and internationally.

Competition Law is split into twenty-three chapters: competition policy and economics; overview of EU and UK competition law; article 101(1); article 101(3); article 102; the obligations of Member States under the EU competition rules; articles 101 and 102: public enforcement by the European Commission and national competition authorities under Regulation 1/2003; articles 101 and 102: private enforcement in the courts of Member States; competition Act 1998 – substantive provisions; Competition Act 1998 and the cartel offence: public enforcement and procedure; Enterprise Act 2002: market studies and market investigations; the international dimension of competition law; horizontal agreements (1) – cartels; horizontal agreements (2) – oligopoly, tacit collusion, and collective dominance; horizontal agreements (3) – cooperation agreements; vertical agreements; abuse of dominance (1): non-pricing practices; abuse of dominance (2): pricing practices; the relationship between intellectual property rights and competition law; mergers (1) – introduction; mergers (2) – EU law; mergers (3) – UK law; and particular sectors.

Competition Law continues to provide a highly comprehensive review of both UK and European competition law. It expertly analyses the way in which competition law affects particular commercial phenomena. It also describes the economic context in which competition law operates. These features, which are key to the text’s success, ensure that Competition Law is invaluable to both law and economics students as well as practitioners and officials involved in competition law matters and our relationship with the European Union. Like many texts published by OUP, it also comes with an Online Resource Centre (“ORC”). By the time of this review, there are (unsurprisingly) no updates but it is hoped that some will follow shortly.

For many readers, Whish and Bailey’s Competition Law will continue to be both illuminating and motivating to students, practitioners and law makers. It crucially and importantly reveals some of the intricacies behind the mysteries and misnomers that once shrouded this ever increase and important area of law. What the authors have captured and conveyed over the years, and continue to capture and convey with this latest edition, is the essence of competition law. This makes Competition Law an accessible and invaluable text. If the ORC is regularly updated, it will no doubt continue to be a favourite for many years to come.

Reviewed on 28 December 2012

3 March 201211 June 2020

Duncan and Neill on Defamation

For any practitioners who do not deal with defamation on a daily basis, defamation is considered to be a difficult area of law with its mix of common law and statutory provisions. It has therefore developed a reputation as being an area of law predominantly practised by a relatively small number of specialist media firms and barristers. To overcome those perceptions, a clear, engaging and authoritative text is required: Duncan and Neill on Defamation certainly hits the mark on each of those three requirements and will no doubt be a favourite among defamation practitioners.

Duncan and Neill on Defamation is split into twenty-nine chapters and eight appendices. The chapters include: the distinction between libel and slander; the meaning of defamatory; principles of construction; the case for a claimant – what a claimant has to prove; defences – general introduction; malice; offer to make amends; other defences; limitation; damages; injunctions; malicious falsehood; points of procedure; and appeals. The appendices include: the Defamation Acts of 1952 and 1996; the Human Rights Act 1998 (relevant sections and schedule); the Limitation Act 1980 (relevant sections); and the Civil Procedure Rules and Protocol (key rules).

Written by a team of specialist and esteemed barristers, led by the Right Honourable Sir Brian Neill (one of the authors of the highly regarded second edition), Duncan and Neill on Defamation comes more than twenty-five years since the second edition was published in 1983. As Lord Bingham rightly says in his foreword, it provides an “up-to-date, accurate, unopinionated, comprehensive, readily intelligible and (so far as the subject matter permits) simple account of the law and practice of defamation”: I agree. Duncan and Neill on Defamation manages to provide an excellent flashlight for anyone dealing with defamation law: whether they be inexperienced or seasoned professional.

The return of Duncan and Neill on Defamation is to be welcomed by all defamation practitioners. It logically arranges the material into a straight-forward and accessible sequence meaning the reader quickly understands even the most complex point. It also has excellent footnotes filled with a treasure trove of case-law and further discussion: these are invaluable starting points for further research. Its appendices are also very useful but the authors could perhaps include some precedents for future editions to ensure Duncan and Neill on Defamation is a one-stop resource. In the meantime, it will, no doubt, quickly become a fixture of any self-respecting defamation lawyer’s library.

Reviewed on 4 March 2012

29 August 20117 June 2020

Principles of International Financial Law

In these current economic times, it is perhaps unsurprising that there is an increase in disputes involving financial institutions. Whether it is domestic issues like payment protection insurance, or international issues like the collapse of long-standing financial institutions, practitioners and students need sound judgment to predict how the Court will resolve any conflicts. Principles of International Financial Law aims to provide readers with a sound foundation to allow those judgments to be made.

Written by Colin Bamford, a barrister and former solicitor of more than twenty years’ experience, Principles of International Financial Law is split into eleven chapters: introduction; money; payment; personal and property rights; intangibles as property; the legal nature of the international bond market; fiduciary duties and how they arise; fiduciary duties in financial markets; credit support in financial markets; security interests; and the construction of financial contracts. While it puts financial law into an international context, Principles of International Financial Law expertly considers English law.

Bamford’s writing style is both engaging and accessible. He expertly considers the important foundations of the law with the key decisions from the Courts. Of particular interest to anyone dealing with domestic payment protection insurance disputes are two excellent chapters on fiduciary duties. It has often been baldy argued by borrowers that the broker or the lender owes a generic fiduciary duty to borrowers. Bamford rightly points out that fiduciary duties are generally the exception rather than the rule. He does not, however, make it clear that breaches of the Financial Services Authority’s Principles for Business are excluded from Section 150 of the Financial Services and Markets Act 2000 by PRIN 3.4.4.

For anyone studying international or domestic financial law, or practising in this area of law, Bamford’s Principles of International Financial Law is an excellent addition to their library. It expertly covers the main topics in a thought-provoking way. Publishing a student edition, which at less than £50 is around half of the price of the hardback version, should mean that students who may otherwise find this text out of their price range will have chance to read it. Those that do will have a better understanding of financial law, how it works in practice and, importantly, be in a good position to judge how the law will be shaped in the future.

Reviewed on 29 August 2011

20 March 20117 June 2020

The Banker’s Remedy of Set-Off

From a practical perspective, a banker’s right to set-off debts is extremely important in both retail and wholesale banking. Without it, customers may retain large balances on some accounts and large liabilities on others. Sheelagh McCracken’s The Banker’s Remedy of Set-Off, now in its third edition, aims to provide an invaluable analysis of the law of set-off, its origins and its practical application. It largely achieves this aim.

Written by an experienced academic, The Banker’s Remedy of Set-Off has been around for some time. It has, however, been seventeen years since the second edition was published in 1993. It is split in to five parts: the relevance of set-off under the banking contract; the concept of set-off; the nature of set-off; the scope of set-off as a remedy; and the application of set-off as a remedy. Each part (except for the first and last) is then split into a number of chapters. This is very much a cradle to the grave approach and gives readers and excellent insight into the law and its development.

As McCracken candidly admits, the origins of the text are in her doctoral thesis undertaken at the University of Sydney.It therefore means that The Banker’s Remedy of Set-Off is fantastically detailed and meticulously tackles the difficult issues of principle. It is therefore ideal for academics or those wanting an in-depth analysis of this important area of law. Practitioners who want a quick answer may, however, find the text somewhat frustrating: it often takes longer than one expects to really hone in to the answer to a specific question.

The Banker’s Right of Set-Off does exactly what it says on the tin: it provides a thorough and comprehensive analysis of this important area of law. At times it does, however, get somewhat bogged down in theoretical principles meaning practitioners may find it not as helpful as one would expect. It can also be, at times, somewhat wordy meaning the impact of a point can sometimes be lost. These are, however, relatively minor issues on a thorough and important analysis of the banker’s right to set-off debts.

Reviewed on 20 March 2011

20 August 20107 June 2020

Financial Services Law

Financial services law has never been a slow moving area of law. However, since the last edition was published in 2005, a lot more than expected has happened in the banking industry: the fall of Northern Rock, the increase in state ownership of lending institutions and the review of lending supervision. So this new edition of Financial Services Law, edited by Michael Blair QC, George Walker and Robert Purves, could not be more timely and is extremely welcome.

Financial Services Law is divided into three parts: Financial Services and Markets; Financial Services Regulation; and Financial Sectors and Activities. Each part then includes a number of chapters. For example, the first part includes chapters on the Financial Services Authority and the Financial Services and Markets Act. The second part includes chapters on the (important) FSA Handbook and High-Level Standards, Financial Redress – Complains, Disputes and Compensation and Misleading Statements and Practices. The third part includes chapters on Investment Firms – Wholesale Sector, Home Finance Transactions and Insurance Regulation. This is a rather comprehensive coverage of the key areas of financial services law.

As you would expect for a text edited by three expert lawyers, Financial Services Law is wonderfully and engagingly written. From time to time it does, however, go into too much detail for practitioners and sways more towards an academic text. Whilst there is nothing wrong with this, it is perhaps an endemic issue for a text like this which tries to straddle these two worlds. Financial Services Law is thoroughly researched meaning no stone is left unturned by the authors in their quest of providing a key text for financial services lawyers. Being a banking litigation lawyer, I found the chapters on FSA Handbook, High-Level Standards and Financial Redress – Complains, Disputes and Compensation extremely useful and practically written.

Self-respecting financial services lawyers will welcome this new edition of Financial Services Law with open arms. It should, however, be remembered that this area of law is constantly changing meaning developments towards the end of 2009 have not made it into this edition. This will, no doubt, require the editors to regularly invest time in updating this important text. It is, however, one of the most authoritative texts on the markets and, whilst the price may understandably put some people off, those who do invest in Financial Services Law will not regret it – having expert guidance on hand is certainly no bad thing in these interesting times.

Reviewed on 20 August 2010

2 August 20097 June 2020

Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary

Being a civil libertarian student, I have found Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary to be an invaluable resource for referencing cases and a variety of materials. This edition (coming nearly eight years after the last edition) provides an inviting new take on this vast subject area in a written format that is surprisingly readable.

Because of the considerable time-lag between editions, Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary has undergone two considerable changes: firstly, both David Harris and David Ormerod have been unable to be involved with this edition and, secondly, the material has been split into five parts. These five parts are now: introduction; life, liberty and association; privacy; freedom of expression; and discrimination. Fortunately, these two important changes have not effected the content of the text: this is some achievement.

Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary covers all traditional areas you would expect of a civil liberties text book including freedom of expression, freedom from racial discrimination and terrorism. This later topic is particularly important given the increase in security, chiefly in America and the United Kingdom, following the increase in terrorist attacks over the last ten years. Unlike many cases and materials text, this actually provides a variety of source material complemented by the continuously thought-provoking commentary.

Students looking for a supplement to library research or a text which will save valuable time searching for those important sources should look no further than Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary. It is expertly written and researched with a number of well-selected extracts (having a grey background to distinguish them from the commentary). It also has an online resource centre which promises to include periodic updates meaning it is excellent value for money.

Reviewed on 2 August 2009

29 June 200911 June 2020

EC Competition Law: Text, Cases and Materials

EC Competition Law: Text, Cases and Materials has often had mixed reviews with some arguing it is too long and unbalanced whilst others argue it is one of the finest accounts of EC competition law. To my mind, EC Competition Law: Text, Cases and Materials largely falls into this latter category.

Readers looking for a brief account of competition law and the important cases and materials should look elsewhere. The mammoth EC Competition Law: Text, Cases and Materials spans an incredible 1,402 pages. It is broken down into sixteen chapters including important issues like articles 81, 82 and 86, intellectual property issues, mergers and enforcement of competition law rights. Like many other texts published by OUP, it also includes an online resource centre (‘ORC’) which, by the time of this review, includes an additional chapter of state aid, appendix material, web-links and two thorough updates to the text.

EC Competition Law: Text, Cases and Materials is largely well-written and expertly selects both relevant and important cases and materials. Its text approach also means those cases and materials are explained in some detail and often extracts include an excellent summary and thoughts for further discussion. Whilst the depth of the text is impressive, it is also one of its most frustrating features: readers wanting to consider all of the issues raised in Article 81 need to read a substantial part of the text. It may be helpful for summaries to be included or (perhaps on the ORC) an abridged version of essential reading although the ‘central issues’ at the start of each chapter largely mitigates this issue. If, however, the reader takes the time to consider all of the material, they will be superbly armed to consider any issue arising out of a particular topic.

For those wishing to fully understand the often confusing but interesting topic of competition law, EC Competition Law: Text, Cases and Materials is an excellent text. It is expertly written and well-balanced between text, cases and materials. Whilst its size may be an issue for many readers, those wishing to invest the time in reading this text will no doubt be rewarded. With a few minor tweaks (none of which are fundamental), EC Competition Law: Text, Cases and Materials could quickly gain an even wider appreciation than it already has.

Reviewed on 29 April 2009

8 April 200911 June 2020

Gatley on Libel and Slander

Reputations are extremely important in modern society. Many people place great emphasis on their reputation saying things like “my word is my bond.” It is therefore fundamental for such an important area of law like defamation that it has a heavyweight text like Gatley on Libel and Slander to guide the reader through the intricacies of this topical, fascinating and complex area of law.

Being edited by two lawyers from different backgrounds, Patrick Milmo QC from private practice and Horton Rogers from academia, means that Gatley on Libel and Slander has a rich mixtures of these two approaches. Gatley on Libel and Slander is broken down into four parts and appendices: the defamatory statement; defences; other causes of action and related matters; and the action. Appendices include precedent letters of claim, statements of case, statutes and damages awards. This approach means that Gatley on Libel and Slander is an invaluable tool for anyone practising in or studying this area of law.

Gatley on Libel and Slander is superbly written and tackles the material in a readable and thorough way. This is a real testament to contributors’ expertise because if you do not understand the material fully, you cannot explain it. The text is authoritative meaning that the reader can be sure that it accurately states the law. The material is also wonderfully broken up into fairly short and manageable sections meaning the points raised in the paragraph are not lost on the reader. Excellent use is also made of extracts from cases and examples showing the law in practice.

Unlike many texts of this type, Gatley on Libel and Slander includes a whole part devoted to defamation proceedings taking each stage step by step. By doing so, it ensures the reader is fully aware of the issues which need to be tackled and tactical advantages of writing a letter of claim in a clear and succinct way. The precedents are also excellent although, given the Court’s jurisprudence that statements of case should be written in layman’s language, I would have preferred them to be updated to remove legalese like “the said statements.”

I have no hesitation in recommending Gatley on Libel and Slander to anyone practising in or studying this topical and fast-moving area of law. It is comprehensive whilst, at the same time, readable meaning it can be used by practitioners and students alike. The part on defamation proceedings and the appendices is worth the price on its own. If you have a copy of Gatley on Libel and Slander, you are unlikely to need anything else!

Reviewed on 8 April 2009

5 April 20097 June 2020

Butterworths Banking Law Handbook

Banking law continues to be a technical but interesting area of law. With recent events, it is also becoming more regulated with legislation being enacted to allow the Government to acquire a shareholding and further legislation being proposed to regulate the banking industry. It is therefore more important than ever to have a comprehensive guide to banking law: Butterworths Banking Law Handbook provides exactly this.

Written by two experienced banking barristers, Butterworths Banking Law Handbook is separated into four parts: statutes, statutory instruments, other materials and European legislation. Separating the material in this way and using a coloured edge to the text to show the separate parts means that the relevant material can be quickly found. Like other handbooks, navigation is also helped by each distinct provision being allocated a unique paragraph number which is cross-referenced to the contents and index.

Butterworths Banking Law Handbook has been fully updated to include the latest legislative developments including the Banking (Special Provisions) Act 2008 and the Banking Code 2008. Handbooks like these sometimes have problems when material has not be expertly selected. Fortunately, the editors’ experience in banking law means that Butterworths Banking Law Handbook does not suffer from this issue.

Anyone looking for a comprehensive collection of banking law statutes, statutory instruments, other materials and European materials should look no further than Butterworths Banking Law Handbook. The material is expertly selected meaning it is both an indispensible and authoritative guide to the provisions that most banking lawyers will consider in their working lives.

Reviewed on 5 April 2009

5 April 20097 June 2020

Butterworths Banking Law Guide

Banking and finance law plays an important role in practice. Butterworths Banking Law Guide, edited by Mark Howard QC & Roger Masefield, aims to provide a succinct summary of English banking law. To my mind, it easily achieves this aim although I would certainly welcome an updated version following the substantial changes since publication.

Edited by two experienced banking law barristers together with a team of experienced authors, Butterworths Banking Law Guide is separated into the main areas of retail banking, namely bank regulation, banks, customers and third parties, payment and payment systems, the bank as lender, the regulation of consumer credit, trade finance and the law relating to internet banking. To succinctly cover all of these areas is an ambitious aim but the contributors’ expertise, combined with the accessible writing style, means this aim is achieved making it an important text for retail banking lawyers.

Butterworths Banking Law Guide is impressively written: each chapter is sub-divided into a number of small and manageable section with (where relevant) detailed footnotes. Because of my particular interest in consumer credit, I was pleased by the contributors’ coverage on this area of law. I would have, however, like a little more coverage of important banking issues like prescribed terms and prescribed information and the Court’s power to make an enforcement order. Instead, the reader is referred to specialist texts.

For many banking lawyers, Butterworths Banking Law Guide should be a text which remains close to hand. More experienced lawyers may, however, prefer to tackle more specialised texts. That said, lawyers looking for a succinct overview of the law, its application and its principles should look no further than Butterworths Banking Law Guide which is likely to become a favourite for years to come.

Reviewed on 5 April 2009