The UK Law Journal – Page 5 – UK law journal for practitioners and students

8 March 200911 June 2020

Cretney’s Principles of Family Law

It has been some thirty-five years since the first edition of Cretney’s Principles of Family Law (then called Principles of Family Law) was published. During that time, it has widely become recognised as one of the leading, if not the leading, text on family law. This new edition, coming five years after the last edition, sees Stephen Cretney step-aside from authorship but his name being added to the title. This does not, however, mean that the quality of the text has diminished in any way.

Written by leading academic family law lawyers, Cretney’s Principles of Family Law has been thoroughly updated to include the latest legislative developments including the Civil Partnership Act 2004, the Children Act 2004 and the Forced Marriage (Civil Protection) Act 2007. The authors have also included the significant development in case law since the last edition. These additions have been impressively and seamlessly incorporated into the existing text ensuring it remains both authoritative and accessible.

Cretney’s Principles of Family Law is well laid out, which allows material to be located quickly, and includes case summaries of the leading cases meaning the reader can quickly grasp the issues. The footnotes are also incredibly detailed meaning they are an excellent starting point for further and independent research. Like previous editions, it also discusses orders that the court may make (meaning is invaluable for both students and practitioners) and discusses future developments of the law so the reader can critically consider it.

For anyone interested in, studying or practising in this area of law, Cretney’s Principles of Family Law is an indispensible guide to the law. Its accessibility and authoritative coverage of the issues mean it can be used by both experienced and inexperienced lawyers: this is often unusual! Its price is also competitive meaning anyone seriously interested in this area of law should not be without a copy.

Reviewed on 8 March 2009

1 December 200811 June 2020

Sport: Law and Practice

For the past decade or so, sports law has developed into a distinct area of law. It is, however, surprising that there are so few dedicated texts dealing with this fascinating and topical area of law. Sports: Law and Practice, edited by Adam Lewis and Jonathan Taylor, aims to provide a comprehensive, authoritative and accessible account of the relevant principles. To my mind, it achieves this aim with considerable ease and aplomb.

Whilst edited by two leading practitioners, Sport: Law and Practice also boasts an impressive list of contributors. Written in an engaging and accessible way, the text is divided into seven distinct parts: the constitutional structure of the sports sector; European Community law and sport; human rights and sport; issues for individual sportsmen and women; drug use in sport; the organisation of sports entities; the commercialisation of sports properties; and the 2012 Olympics. Each part is then subdivided into specific chapters. The editors should be commended for this approach because it lays out the material in a logical way which allows the relevant information to be quickly located.

Like the first edition, Sports: Law and Practice is a thoroughly researched and authoritative text. It has impressively detailed footnotes which are an excellent starting point for further research. It also impressively considers the leading sports law cases, together with some lesser known ones, and includes a number of excellent check-lists and precedents which readers can adapt or use as a basis for drafting. For example, in the section on sports grounds, there are a number of precedent clauses which the reader can built into their own commercial agreements.

Readers will be pleased that Sports: Law and Practice is, like the first edition, a wonderfully written and authoritative account of sport law and practice. The editors and contributors should be commended because its title explains exactly what the text is: a practical and accurate account of sport law for the busy practitioner. No practitioner should be without this text, nor anyone interested or advising on this complex, interesting and topical area of law.

Reviewed on 1 December 2008

22 July 200811 June 2020

Family Law: Text, Cases and Materials

The authors of Family Law: Text, Cases and Materials wrote this book specifically as a teaching and learning aid for undergraduate family law courses. This is immediately evident in the style and layout they have adopted. The key elements of family law, including property and finances, the law relating to children and child protection are extremely accessible and set out in a manner which makes easy reading for those venturing into the study of family law.

Primary source material is quoted in shaded grey text boxes, making it immediately identifiable and ensuring that it does not get lost within the remainder of the text. Additionally, the book does not swamp the reader with too much information. But it is an excellent platform for further research because it provides an overview of fundamental principles which can be easily understood.

Some of the more complex aspects of family law are not mentioned, for example, same sex relationships and international laws relating to child adoption and abduction. This does not, however, diminish the value of the text since some of the topics which are not discussed can be found on the Online Resource Centre (which is a valuable source of further reading and information).

Family Law: Text, Cases and Materials is a must-read for students wishing to understand the basic principles of family law and is highly recommended.

Reviewed on 22 July 2008

18 July 200811 June 2020

Bromley’s Family Law

Bromley’s Family Law is a comprehensive and well written text which covers a broad range of family law issues, including marital and parental relationships, childcare, guardianship and financial relief and support within the family unit.

Since its ninth edition, the authors have updated Bromley’s Family Law to include the most recent significant changes in family law, most notably the Civil Partnership Act 2004 (which came into force in December 2005 to allow same sex couples to enter into formal and legally recognised partnerships) and the Adoption and Children Act 2002 (which also came into force in 2005).

The authors also provide valuable background into the family law system in an introductory chapter which sets out the differing approaches to family law. For example, the authors clearly explain the tendency of the law in previous years to base decisions on moral judgements and the move towards a ‘settlement culture’ without court involvement in recent years.

Bromley’s Family Law can be a little heavy going at times because of its detailed analysis, but the authors have countered this to some extent by writing in a straightforward way, without losing substance or appreciation of more intricate matters. Whilst it may not be an ideal quick reference guide, the in depth coverage of such a diverse range of issues make it a useful and reliable source of information for those wishing to delve into the more complex questions and considerations surrounding family law.

Reviewed on 18 July 2008

22 June 200811 June 2020

Social Work Decision-Making: A Guide for Childcare Lawyers

Social Work Decision-Making: A Guide for Childcare Lawyers provides a valuable reference point for childcare lawyers wishing to identify the key factors in the decisions made by social workers (both right and wrong) and the framework within which those decisions are made.

To achieve this, the authors have focused on the fundamental elements of childcare cases. These include the basic definition of terms like ‘abuse’ and ‘neglect’, the assessment processes used by social workers and the statutory legislation (particularly The Children and Young Persons Bill 2007 and Section 47 investigations). This is an excellent approach.

Other key features of Social Work Decision-Making: A Guide for Childcare Lawyers include the use of flow charts, bullet pointed lists and checklists make it extremely accessible and an easy read for fledgling childcare lawyers or those who do not deal with childcare cases on a daily basis.

Overall, Social Work Decision-Making: A Guide for Childcare Lawyers is a valuable text for providing insight into social work and, at £45.00, it is competitively priced for the level of information it provides. Whilst ideal for an inexperienced practitioner, the more experienced practitioner may use it as a refresher because its simplicity could prove frustrating when dealing with more complex cases.

Reviewed on 22 June 2008

3 April 200811 June 2020

The Law of Defamation and the Internet

The internet continues to grow with an ever increasing number of users. With that growth comes an the increase of websites and the use of blogs. These issues cause unique problems because it potentially publishes a defamatory comment to the world. If it does, complex issues of jurisdiction and applicable law arise. Fortunately, Matthew Collins’ The Law of Defamation and the Internet answers many of those questions.

Written primarily for practitioners, The Law of Defamation and the Internet provides a lucid and engaging account of defamation law and its application to the internet. It is extremely accessible and explains the fundamental principles in a logical and engaging way. By doing so, the author ensures the text can be anyone from an undergraduate student to an experienced practitioner.

The Law of Defamation and the Internet adopts an extremely practical approach by explaining several internet libel cases in an insightful and impressive way. For example, the author sensitively considers the landmark case on ISP liability in Godfrey v Demon Internet [1999] 4 All ER 342. His approach allows The Law of Defamation and the Internet to be both an academic commentary mixed with a practical guide on this fascinating area of law.

The Law of Defamation and the Internet is the leading text in this specific area of law. By arranging the material into a logical and accessible way, the text is a fantastic account of this area of law for both students and practitioners. It is also well priced and provides excellent value for money. It is hoped that the author continues to update this excellent text in the years to come.

Reviewed on 3 April 2008

9 December 20077 June 2020

Internet Banking: Law and Practice

With the recent trend of consumers bringing claims against financial institutions, it is important that banks, and their advisors, have a clear understanding of banking law. In particular, the boom of internet and online banking means that advisors should be aware of banking laws in both the real and virtual worlds. Internet Banking: Law and Practice provides the reader with exactly that knowledge.

The text is divided into ten main chapters, with chapters eleven and twelve discussing internet banking in Australia and Malaysia. Each chapter concentrates on a key topic: chapter ten, for example, discusses internet banking in the UK and the distribution of liability. Within each chapter, the material is broken-down into manageable sections allowing the reader to quickly understand the basic points. The author also makes excellent use of bullet lists and extracts from a bank’s terms and conditions. Readers should, however, remember that the Banking Code 2003 (referred to in this text) has since been replaced by the Banking Code 2005.

Internet Banking: Law and Practice is written in a very lucid and engaging way. The key principles are well written and clearly explained. The author makes fantastic use of footnotes and refers the reader, where appropriate, to excellent articles. This allows the reader to quickly undertake additional research. The text also includes two very welcome appendices: Electronic Funds Transfer – Code of Conduct and Minimum Guidelines on the Provision of Internet Banking Services by Licensed Banking Institutions. It would, however, have been helpful to include the Banking Code.

Internet Banking: Law and Practice is extremely well written, explaining the key internet banking law principles in a logical and clear way. By explaining the principles in this way, it quickly allows the reader to understand the law and issues and apply them to problem situations. I unreservedly recommend this text to anyone interested in, or practising, this area of law.

Reviewed on 9 December 2007

28 July 200711 June 2020

Family Law

Family law is a mixture of common law principles and legislation. It can therefore be difficult to find out the answer quickly without a good reference text. Thankfully, Family Law by Jonathan Herring provides just that: a clear, concise and intriguing account of family law.

The key feature of the text is its layout. The main legislative provisions and cases have shaded backgrounds which allows the material to be quickly located. Other fantastic features are the debate, hot topics and key statistic sections. These are included at appropriate places to allow the reader to place the material into context. These also stimulate debate and encourage the reader to question the main issues.

The text is written in an enjoyable and thought provoking manner. It is both academic and practical. The issues are given the relevant weight whilst, at the same time, written in a straight-forward manner which is appealing to a practitioner. The text is also thought provoking and encourages the reader to undertake additional reading.

Like many of Pearson Education’s texts, it is linked to an online companion website. At the time of writing, there are a number of additional thinking questions and useful website links which adds considerable value to the text. Although not available at the time of writing, a new feature to the text is Pearson Longman’s Case Navigator which sounds like a fantastic feature.

This is an excellent text. The material is both clear and comprehensive. It also has a fantastic amount of added value with a companion website providing updates to the text and the Case Navigator. At a little over £30, I recommend this to anyone interest in family law.

Reviewed on 28 July 2007

14 March 20047 June 2020

Civil Actions Against the Police

Civil Actions Against the Police by Richard Clayton QC, Hugh Tomlinson QC, Edwin Buckett & Andrew Davies
Publisher: Sweet & Maxwell
Edition: 3rd Edition (December 2003)
ISBN: 0 421 63090 6
Price: £139.00

It is some twelve years since the second edition of this work was published in 1992. Much has happened in the intervening years involving the clash of State with citizens, so Clayton and Tomlinson have fully updated this edition with the latest statute and case law.

The text’s best feature is that all civil actions are discussed under one cover. It guides the reader through all the established torts such as assault and battery, false imprisonment, wrongful interference with goods and malicious prosecution. It then looks at the emerging actions which play such an important part in today’s society including the tort of misfeasance in public office, and the worrying area of claims in breach of confidence and data protection. Two areas which mark this publication as unique include a new chapter on negligence, and the range of remedies which are available to litigants: both specific to actions against police officers.

As mentioned previously, the delay between editions has meant that the authors have had to include coverage of the Police Reform Act 2002, which introduced changes to the complaints system and created a wide range of powers for civilians, such as arrest and detention (quasi police powers). There is also excellent coverage of other important statutory developments such as the Police Act 1996, the Human Rights Act 1998, the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000 and the Terrorism Act 2000

The text also provides special treatment for the relevant procedural steps. Public interest immunity, disclosure of documents and the conduct of civil jury trials are dealt with in useful detail.

In conclusion, this is a definitive source of reference and it explains what avenues are open to practitioners when their clients’ civil liberties are impinged upon. It also examines what the police can do when people take action against them. In my opinion, the third edition has built upon the respected reputation of its predecessors and is fully up-to-date with the latest Acts of Parliament and leading authorities and is a must for anyone interested in this area.

Reviewed on 14 March 2004

23 November 200311 June 2020

Cases and Materials on UK and EC Competition Law

The recent changes in European Law led to the introduction of the Competition Act 1998, which came in to force in 2000, and this has meant that competition law has become increasingly important for both small and large business concerns.

This text is superbly balanced, with an excellent use of case reports, Commission papers and legislation. The extracts are included at particularly pertinent points to explain what can, at times, be complicated and dry areas of law. These examples, such as the investigation of whether there was a monopoly in the brewing industry, enable the important points to stick in the reader’s mind.

Another excellent inclusion is the ‘notes’ sections at the end of extracts. This explains any developments in the law or how it has been practically applied. This enables the reader to be fully up to date on the current state of the law. The authors have also taken in to consideration the Enterprise Act 2002. These sections of the book demonstrate to the reader how the law will change in the future and is an excellent inclusion in the text.

In conclusion, this is a very welcome text on UK and EU Competition Law. The materials are extremely accessible and the ‘notes’ and Enterprise Act 2002 sections are superb. It is a text of use to both students and practitioners alike.

Reviewed on 23 November 2003