With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.

Drumgold chronicles the bloody and violent civil war in the Solomon Islands in the 1990s and the intervening actions of Australia in July 2003. This is the first story of Solomon Islanders squashed under the Regional Assistance Mission juggernaut.

When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyer's main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after-thought when in fact it is the issue of remedies which is a constant and ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's leading specialists, brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principal issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best-known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah, who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition. Not for the first time, Professor Atiyah thinks the unthinkable.

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Legal lexicography or jurilexicography is the most neglected aspect of the discipline of jurilinguistics, despite its great relevance for translators, academics and comparative lawyers. This volume seeks to bridge this gap in legal literature by bringing together contributions from ten jurisdictions from leading experts in the field. The work addresses aspects of legal lexicography, both monolingual and bilingual, in its various manifestations in both civilian and common law systems. It thus compares epistemic approaches in a subject that is inextricably bound up with specific legal systems and specific languages. Topics covered include the history of French legal lexicography, ordinary language as defined by the courts, the use of law dictionaries by the judiciary, legal lexicography and translation, and a proposed multilingual dictionary for the EU citizen. While the majority of contributions are in English, the volume includes three written in French. The collection will be a valuable resource for both scholars and practitioners engaging with language in the mechanism of the law.

Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.

Jackson's classic text has been revised and updated for the times.

The idea of administrative justice is central to the British system of public law, more embracing than judicial review, or even administrative law itself. It embraces all the mechanisms designed to achieve a proper balance between the exercise of public and quasi-public power and those affected by the exercise of that power. This book contains revised versions of the papers given at the International Conference on Administrative Justice held in Bristol in 1997. Forty years after the publication of the Franks Committee report on Tribunals and Inquiries, the conference reflected on developments since then and sought to provoke debate about how the future might unfold. Participants included policy makers, tribunal chairs and ombudsmen, other decision-takers as well as academics - a formidable combination of expertise in the operation of the administrative justice system. Among the themes addressed in the papers are the following: the effect of the changing nature of the state on current institutions; human rights and administrative justice; the relationship between decision taking, reviews of decisions, and the adjudication of appeals; and the overview of administrative justice, taking into account lessons from abroad. The new millenium provides an opportunity for the reappraisal of the British system of administrative justice; this volume presents an indispenable repository of the ideas needed to understand how that system should develop over the coming years. Contributors: Michael Adler, Margaret Allars, Dame Elizabeth Anson, Lord Archer of Sandwell, Michael Barnes, Julia Black, Christa Christensen, David Clark, Gwynn Davis, Godfrey Cole, Suzanne Day, Julian Farrand, Tamara Goriely, Michael Harris (Ed), Neville Harris, Tony Holland, Terence Ison, Christine Lally, Douglas Lewis, Rosemary Lyster, Aileen McHarg, Walter Merricks, Linda Mulcahy, Stephen Oliver, Alan Page, Martin Partington (Ed), David Pearl, Jane Pearson, Paulyn Marrinan Quinn, John Raine, Andrew Rein, Alan Robertson, Roy Sainsbury, John Scampion, Chris Shepley, Caroline Sheppard, Patricia Thomas, Brian Thompson, Nick Wikeley, Tom Williams, Jane Worthington, Richard Young.

Clarity and precision in legal writing are essential skills in the practice and study of law. This book offers a straightforward, practical guide to effective legal style from a world-leading expert. The book is thoughtfully structured to explain the elements of good legal writing and its most effective use. It catalogues all aspects of legal style, topic by topic, phrase by phrase, usage by usage. It scrutinises them all, suggesting improvements. Its 'dictionary' arrangement makes it easy to navigate. Topics range as widely as ambiguity, definitions, provisos, recitals, simplified outlines, terms of art, tone, and the various principles of legal interpretation. Words and phrases deal with legal expressions that non-lawyers find opaque and obscure. The purpose is to show that you can usually substitute a plain-English equivalent. Usage entries include matters such as abbreviations, acronyms, active and passive voice, brackets, bullet points, citation methods, cross-referencing, deeds, fonts, document design, footnotes, gender-neutral language, numbering systems, plain language, punctuation, the use of Latin, structures for legal advices and documents, and techniques for editing and proofreading. With an emphasis on technical effectiveness and understanding, the book is required reading for all those engaged in the practice and study of law.

In law, gains, like losses, don't always lie where they fall. The circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers. The same cannot be said, however, of the reasons for ordering restitution of such gains. It is often suggested that unjust enrichment's existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes. Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going on to inquire into their rationale, this isn't true of unjust enrichment's existence as a distinct ground of such claims. If unjust enrichment exists as a body of like cases and claims, truly independent of contract and tort, it does so by virtue of the distinct reasons it identifies and to which these claims respond. Reason and Restitution examines the reasons which support and shape claims in unjust enrichment and how these reasons bear on the law's resolution of these claims. The identity of these reasons matters. For one thing, unjust enrichment's status as a distinct ground of liability depends on the distinctiveness of these reasons. But, more importantly, it matters to those charged with the practical tasks of deciding cases and making laws, for it is these reasons alone which can direct how judges and legislators ought to respond to these claims.