aCaDEMIC NEWS - Sweet & Maxwell...aCaDEMIC NEWS SUMMER 2009 in this issue • Professor alastair Hudson examines the law of finance • The Society of Legal Scholars celebrate their

aCaDEMIC NEWSSUMMER 2009

in this issue• Professor alastair Hudson examines the law of finance• The Society of Legal Scholars celebrate their centenary• Professor Rebecca M.M. Wallace discusses the diverse area that is

international law• Professor Roger Kerridge explains why succession is such an important subject• We detail how the publishing process works• Plus, we showcase our 2009 textbooks for students

SWEET & MaXWELL’S CLaSSIC SERIESProviding students with the detailed and extensive coverage needed to achieve top marks

REqUEST yoUR INSPECTIoN CoPIES ToDay

VISIT www.sweetandmaxwell.co.uk/academicEMaIL [email protected] The Inspection Copy Hotline +44 (0) 20 7393 7293Complete and post back the inspection copy request form

TITLES INCLUDE:•GowerandDavies:ThePrinciples

of Modern Company Law

•Schmitthoff’sExportTrade:TheLaw and Practice of International Trade

•TreitelontheLawofContract

•Smith,Bailey&GunnontheModern English Legal System

•Hanbury&Martin:ModernEquity

•Wyatt&Dashwood’sEuropeanUnionLaw

•Dennis:TheLawofEvidence

•Cretney’sPrinciplesofFamilyLaw

•Cornish&LlewelynIntellectualProperty: Patents, Copyright, Trade Marks and allied Rights

•Morris:TheConflictofLaws

•Lloyd’sIntroductiontoJurisprudence

•Winfield&JolowiczonTort

•Craig:Administrativelaw

•Hudson:TheLawofFinance

•Megarry&Wade:TheLawofRealProperty

contents

The law of finance: the bedrock of financial practice by Professor alastair Hudson ...4-5

The Society of Legal Scholars: celebrating one hundred years of legal scholarship .......6

International law: a diverse and ever changing area of law by Professor Rebecca M.M. Wallace ...............................................................................8-9

Key 2009 academic titles ............................................................................................. 10-13

The importance of succession by Professor Roger Kerridge ......................................14-15

Why publish with Sweet & Maxwell .................................................................................. 16

The WIPo journal: call for papers ......................................................................................17

Key services from Sweet & Maxwell .................................................................................. 18

samantha siddle, editor, Academic news, sweet & Maxwell 100 Avenue Road, London nW3 3PF

available for students to buy from www.amazon.co.uk, www.hammickslegal.com and all good bookshops

AcADeMIc neWs suMMeR 2009

aCaDEMIC NEWS

ESSENTIALFORLAWSTUDENTS

Edited by Mick Woodley

• Forover80yearsOsborn’shasbeentheessentialconcisedictionaryoflegal terms for students

• offers comprehensive coverage including an extensive listing of journals, law reports and their abbreviations

• Contains over 4,700 references from the obscure to the everyday• Provides speedy access to a mass of technical terms and phrases in both English

and European law• Takes all entries beyond definitions and basic context with extensive legal

referencing to provide a solid basis for further research

OSBORN’SCONCISELAWDICTIONARY

1ST EDITION OUTNOW

13TH EDITION OUTNOW

NEW 2NDEDITION

OUTNOW

NEW 2ND EDITION

5TH EDITION OUTNOW

1ST EDITION OUTNOW

NEW 11TH EDITION

OUTNOW

ISBN: 978-1-847-03308-6

PRICE: £11.95

PUBLISHING: MARCH2009

Welcome to the Summer 2009 issue of academic News from Sweet & Maxwell – bringing you news from the legal world, by way of informative articles. In this issue:

We look at how the law of finance is the bedrock of financial practice and why you should review the latest new work on the subject by alastair Hudson. This year, the Society of Legal Scholars is celebrating one hundred years of legal scholarship. Findoutwhotheyare,whattheydo,andwhyyoushouldjointhem.

Rebecca M.M. Wallace discusses the diverse area that is international law, while Roger Kerridge argues why succession is such an important subject. We detail how the publishing process works and importantly, we detail the many new textbooks publishingforthe2009-2010academicyear–allofwhichareavailableoninspection.

I hope you find this issue of academic News informative and interesting. If you have any comments or suggestions, you can contact me at the address below.

Enjoy reading!

4www.sweetandmaxwell.co.uk/lecturers-students

the law of finance: the bedrock of financial practice


the RoLe oF the LAW oF FInAnceThe law of finance is in its infancy. The Law of Finance by alastair Hudson attempts to describe its core principles and to map it out. It is very easy to be befuddled by financial jargon and the pace of change in financial markets. However, as future practitioners, students must know and understand the bedrock of the law before they considerhowitinter-actswiththeriveroffinancialactivitywhich washes over it every minute of every day.

The depth of the crisis that engulfed the world’s financial systemin2007-09demonstratesthatthelawoffinancemust be a code of legal principle first and a tool for financiers second. a coherent law of finance is needed to do this to protect the banks, customers and the broader economy alike. Up to now there has not been anything which could realistically be thought of a coherent field of financelaw.Butasmanyfinancialproductshavebecomebetter known and as financial regulation has developed, it is possible to start the job of defining that field now.

When describing the law of finance we must do so using established legal concepts instead of simply using financiers’ever-changingideastocreatemodelsintowhichweattempttoshoe-hornlegalconcepts.Muchfinancial market innovation is in fact the adaptation ofwell-knownideasforanewpurpose:forexample,securitizationsareeffectivelyold-fashioneddebtfactoring,equityoptionsareatrootthesameasold-fashionedoptions to buy land, and so on. So, lawyers need to understand these financial instruments in legal terms.

The established legal concepts of contract, property, equity, tort, criminal law and so forth are able to meet thechallengeofdescribingfinancialmarkets.Financialinnovation is not something impossible for students and qualified lawyers to understand: any suggestion to the contraryiseitherhubrisorcowardice.Foranystudentof law, knowledge of core legal principles applied to the context of financial market activity will make the study of the law of finance not only possible, but also creative and highly rewarding.

eVeRYthInG YouR stuDents neeDThe Law of Finance was created to provide a comprehensive account of the law of finance (over 1,400pages)whichmarriesadiscussionofsubstantive

law principles with the principles of financial regulation. This financial regulation has its roots in EU law as implementedbytheFinancialServicesAuthority.

The book considers the fascinating ways in which substantivelawandfinancialregulationinter-act,aswellas taking each market sector in turn and considering how the law applies to it. The work provides a detailed analysis of the law of finance which can be taught and understood as a discrete legal field, as opposed simply to presenting a description of documentation practices or an account of regulatory principles. There is also discussion of the financial crisis and its likely aftermath.

Thebookisdividedinhalfbetween“GeneralPrinciples”ofthelawoffinanceand“SpecificFinancialTechniques”which applies those principles to particular kinds of market activity. The effect is a combined analysis of fundamental legal concepts with the detail of financial regulation and of the structure of financial products.

Sweet & Maxwell’s Classic Series has long been renowned for providing students with the detailed and extensivecoverageneededtoachievetopmarks.With100supportingpodcastsandessays,TheLawofFinancebyAlastair hudson provides everything students need to excel in the subject. In the following article, alastair explains why you should consider adding it to your reading list.

www.sweetandmaxwell.co.uk/lecturers-students5

eXtensIVe coMPAnIon WebsIteTeachers and students of the subject also benefit from the extensive range of supporting materials which accompany the book and can be found on my website: www.alastairhudson.com. Podcasts and vidcasts which will be posted during the summer of 2009 cover the core elements of a finance law course, discussing the key issues in finance law and explaining finance terminology. “CourseDocuments”compriseofarangeofmaterialtosupport the teaching of the subject.

In addition, the website includes links to other useful websites, as well as to regulatory material. as developments occur throughout a year, so the website is updated so that lecturers can be secure in the knowledge that their students have the very latest developments to hand.

Get YouR FRee coPYyou can obtain your free inspection copy of the Law of Finance, by completing and returning the inspection copyrequestformonpage13.alternatively you can call the inspection copy hotline on 02073937293orvisitusat www.sweetandmaxwell.co.uk/lecturers-students


sWeet & MAXWeLL’s cLAssIc seRIes

Providing students with the detailed and extensive coverage needed to achieve top marks. Titles include:

• GowerandDavies:ThePrinciplesofModernCompany Law

• Schmitthoff’s Export Trade: The Law and Practice of International Trade

• Treitel on the Law of Contract

• Smith,Bailey&GunnontheModernEnglishLegal System

• Hanbury & Martin: Modern Equity

• Wyatt & Dashwood’s European Union Law

• Dennis: The Law of Evidence

• Cretney’sPrinciplesofFamilyLaw

• Cornish & Llewelyn Intellectual Property: Patents, Copyright, Trade Marks and allied Rights

• Morris:TheConflictofLaws

• Lloyd’sIntroductiontoJurisprudence

• Winfield&JolowiczonTort

• Craig: adminitrative Law

• Hudson:TheLawofFinance

• Megarry & Wade: The Law of Real Property


AcADeMIc neWs

If you are interested in joining the SLS or for further information on who they are visit their website at www.legalscholars.ac.uk

the society of legal scholars

TheSocietyofLegalScholars(SLS)isthelearnedsociety for those who teach law in a university or similar institution or who are otherwise engaged in legal scholarship. as of Spring 2009 the Society had over 3,100membersconsistingofacademicandpractisinglawyers in a wide variety of subject areas. The Society wasfoundedin1909andhascharitablestatus.Wearecurrently celebrating our centenary.

the AnnuAL conFeRenceThe Society holds an annual conference in September, at which there are also meetings of the subject sections. The annual conference is something of an institution, and provides an unrivalled forum for networking. Papers are read and discussed at each of the section meetings, and many of these are later published either in the Society’s journal or elsewhere. The Presidency of the Society is an annual office, and the conference is usually held at the home university of the President. The 2009 PresidentisFionaCownie,ProfessorofLawatKeeleUniversity.

The annual conference not only allows formal consideration to be given to matters of current importance but also provides a unique opportunity for academic lawyers to get to know each other and share information about each other’s law schools, for example, about research and research facilities or about responses to government policy. In difficult times, this exchange of information and these personal contacts are indispensable. Without them, law schools wouldbeweakerandlesswellco-ordinatedinthedefence of the vital interests of legal education.

the 2009 centenARY conFeRenceThe 2009 annual Conference will be held at Keele University, commencing in the afternoon of Monday 7th September and concluding at lunchtime on Thursday10thSeptember.AstheSocietywillbecelebrating its centenary a number of special events have been planned to take place throughout the conference to mark this occasion.

Forfurtherinformationontheconferenceandtobook your place, please visit the website at www.legalscholars.ac.uk/keele-conference-2009/

WhY JoIn the sLs?Membership of the Society is open to legal scholars workingintheUKandIreland,andbeyond.Benefits of membership of the Society include:

• Legal Studies our referred journal• Reduced subscriptions for new members of staff

and postgraduate research students• The Directory of Members, the legal academic’s

Who’s Who• Regular editions of The Reporter, our lively

paper newsletter• Discounted rates for the celebrated annual

Conference • Regular email news bulletin of jobs and legal

events in the UK and Ireland• an effective voice in the future of legal education

intheBritishIsles• automatic membership of our lively subject sections

This year, the society of Legal scholars (SLS)iscelebratingOneHundredYearsofLegalScholarship.In the following article, they explain who they are, what they do, and how you can join.

THE DEVIL’S aDVoCaTEIain Morley• Presentstheleadingbookonadvocacy,bridgingthegap

between reading about advocacy and how you actually do it

• Writteninano-nonsenseandengagingstyletobring a fresh approach to studying advocacy

• Explainstheartofpersuasiveness,howtomakeconvincing speeches, and effective cross examination

• Describeswell-establishedtechniquesandexercisesused in court for constantly improving questioning and witness control

• Offerspunchyadviceandinsightfulcomments on all of the necessary skills and processes involved in advocating

• Includesanewchapteron the International Criminal Tribunals which require an additional set of advocacy skills due to the dynamics thrown up such as the need for simultaneous translations

THE DoS aND DON’TSOFADVOCACY EXPLaINED

ISBN: 978-1-847-03768-8

PRICE: £16.95

PUBLISHING: FEBRUARY2009


1ST EDITION OUTNOW

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THEFIRSTDEFINITIVEGUIDETOOBTAININGA PUPILLAGEATTHEBAR OFENGLANDANDWALES

THEPATHTOPUPILLAGE: AGUIDEFORTHE ASPIRINGBARRISTERGeorginaWolfeandAlexanderRobson• Takesstudentsthrougheachstepoftherouteto

pupillage from legal education through to the application process itself

• Drawsontheauthors’ownpersonalexperiences–betweenthem they have attended over forty pupillage interviews

• Bringstogetheradviceandpearlsofwisdomfromover50contributors–fromrecentlyqualifiedbarristersthrough to senior barristers and judges – on everything such as what impresses them at an interview, to how tomakethemostoftheBVC

• Goesthroughtheacademic stage of training, looking at the pros and cons of the various variables such as a law degree verses a law conversion

• Detailstheextra-curricular activities that students should undertake in order to enhance their prospects

• Discussesthevocational– BVC–partoftraining,looking in depth at the four Inns

1ST EDITION OUTNOW

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PUBLISHING: FEBRUARY2008


international law: diverse and ever changing


The content of international law continues to expand. Aflickthroughtheofferingsofuniversitiesandcollegesis testimony to that. an increasing number of modules on offer boast the adjective international: international trade law, international criminal law, international social justice, international human rights, international economic law, international banking, international arbitration and international dispute settlement. The list is seemingly endless and goes to illustrate the scope and diversity of contemporary international law.

An eVeR-chAnGInG AReAThe first edition of International Law appeared as a studenttextattheendofthe80’sbutastheyearshave passed, new editions have become increasingly necessary every three to four years. Look at what has happened during the period that has lapsed since the publication of the fifth edition in 2004. That provides a snapshot of how the international topology has changed and continues to develop.

The debate on torture, its definition and ‘rendition’ has been constantly under the international spotlight, the controversy over Iraq and afghanistan has continued, thesocalled“waronterrorism”hasbeenconductedandthespectreofGuantanamoBayhascastitsshadow.The International Criminal Court has started operating and, recently, the unprecedented step was taken of issuing a warrant for the arrest of a serving Head of State. This move serves to underscore the tension between a human rights approach and the traditional principles of immunity.

Newcomers featuring on the international legal agenda include environmental issues, notably climate change, violence against women and the girl child and poverty. Increasingly the international community is now grappling with such issues in the context of globalisation and the worldwide economic recession. The international scene is certainly not static! accordingly it is important that the international legal system be rooted in legal principle. The growth in international subject matter has precipitated a spawning of texts on international law. This is of course welcome. However, the increasing complexity of international law demands that those fresh ‘first timers’ require a good

grounding in the basic principles of international law. This is necessary so as to be informed with the tools to tackle for instance the complexities of international security and migration.

stuDYInG InteRnAtIonAL LAWMany are ‘thrown’ by international law. Why? Essentially because they (and this is especially true of law students andtrainedlawyers)areguiltyofapproachinginternational law as if it were a domestic legal system. International law does not fit into such a mould.

International law is essentially voluntary, it is not mandatory. International law is an expression for the needofStatestoco-exist.Theproblemsconfrontingthe international community are complex. The search forasolutiondemandsnotonlyco-operation,butanacknowledgementoftheinter-dependencyofallparticipants within the global community. Lawyers are guiltyofover-emphasisingrulesoflaw.Theabsenceofmandatorysanctionsmakesinter-nationallawdistinctive from municipal law. International law seeks to achieve international peace and security, rather than finding an alleged offending State ‘guilty’. However even as I write the foregoing I am conscious that such a statement nowadays is too sweeping and requires qualification. The aim of international law is to seek conciliationand,hence,whylow-keynegotiationsarethe principal channels initially utilised in efforts to settle international disputes.

International law unlike domestic law, is not confined to regulating the relations of a homogeneous grouping of States, but rather is confronted with bringing together the interests and needs of States which differ politically, economically, ideologically and socially fromeachother–averyhetero-geneousgroup.Howdifferentfromtheclubof51StatesthatmadeuptheUnitedNationsin1945.Contemporaryinternationallaw has to accommodate and regulate the behaviour of States it also has to take account of non traditional international participants. These non State actors includeinternationalorganisations,non-governmentalorganisationsandcivilsocietygroups,multi-nationalcorporations, armed and terrorist groups as well as individuals.

Rebecca M.M. Wallace is a Professor and Director of UHI Centre for Rural Childhood at Perth College UHI, avisitingProfessoratTheRobertGordonUniversity,Aberdeen,andanImmigrationJudgeandnonpractisingBarrister(memberofLincoln’sInn).Sheisco-authorofthenewsixtheditionofInternationalLawandinthefollowing article she examines why international law is such a popular and diverse subject.



unIteD, theRe Is LIttLe We cAnnot Do…What makes international law sometimes difficult also makes it exciting. Its subject matter is not exhaustively defined, and its boundaries are not firmly established. International law is still relatively young, and, it continues to develop. International law can mould behaviour. It can do this by being dynamic, adapting, accommodating and responding to different conditions and sets of circumstances.

I also like to think of international law as a language. a language in which those, working in the international arena,shouldbeabletoconversefluently.Membersof the international community need to speak to each other, that is accepted, but to do this there needs to be a medium of communication – a common language which in its vocabulary includes respect for the rule of law, democracy, justice, and above all the human dignity of all individuals, without distinction. In contemporary international circles many tongues are spoken but the one language which can be readily translated is that of international law. What is required is an increasing proficiency in international law so that it may be employed to educate and shape the conduct of those responsible for the policies of States, as well of course of all participants on the international stage. What must

be fostered is the development within the international fora of a political culture, which possesses a respect for the international rule of law. one recalls the truism spokenbyJohnFKennedyinhis1961Inaugural address, “united, there is little we cannot do in a host of cooperative ventures. Divided, there is little we can do – for we dare not meet a powerful challenge at odds andsplitasunder”.

neW sIXth eDItIon oF InteRnAtIonAL LAWWhat International Law seeks to provide for the student are the tools which will provide a solid foundation for further in depth study. accordingly, International Law remainsa“taster”,areader,anarrativecompanionto those growing number of Cases and Material texts as well as the more specialised treatises. Hence olga Martin-OrtegawhohascomeonboardandIhavemadea determined effort consistently throughout the text to provide a clear and comprehensive exposition of what is required for an understanding of the international legal process. What the reader has is we hope a road map rather than an ordnance Survey guide. yes, this is now nolongerasoleauthoredtext.Thisfurtherreflectsthecurrent compartmentalisation of international law as well as ensuring all being well, a continuing appeal for future generations of international students and teachers.

Get YouR FRee coPYyou can obtain your free inspection copy of International Law, by completing and returning the inspection copy request form on page13.Alternativelyyoucancall the inspection copy hotline on02073937293orvisitusatwww.sweetandmaxwell.co.uk/lecturers-students


enGLIsh FoR contRAct AnD coMPAnY LAW Marcella chartrand, catherine Millar and edward Wiltshire

• Providesnon-nativeEnglishspeakerswiththe English language skills necessary to carry out their legal studies and professional activities effectively

• Focusesonthelegallanguagerequiredin the two major areas of contract law and company law which are central to international business law

• Incorporatesuser-friendlyexercisessuchas crosswords, blankfilling and reading comprehension and discussion texts

• Contains a high level of specific legal content and practical materials, including cases, legislation, legal writings and examples

• Provides exercises for both classroom and self-studyoptions

• Comes with a concise teacher’s guide to give guidance on how the book can be used

3rdEdition Paperback•£19.95•July2009

cRetneY AnD PRobeRt’s FAMILY LAWTextbook SeriesRebecca Probert

• Cuts through the black letter law to provide students with guidance on all the major themes and principles of family law, covering both formal and informal relationships

• Sets issues in their social and historical context

• Discusses how the law works in practice• Covers key case law and legislative

developmentsincludingtheForcedMarriage(CivilProtection)Act2007,theChild Maintenance and other Payments Act2008,theHumanFertilisationandEmbryologyAct2008,andtheChildrenandYoungPersonsAct2008

7th Edition Paperback•£24.95•July2009

eFFectIVe LeGAL ReseARchLegal Skills SeriesJohn Knowles

• Provides a practical guide to researching or tracing legal information effectively

• Presentstheinformationinastep-by-stepformat, leading students through the world of legal research from using a law library to searching online

• Explains how to research EU and ECHR materials

• Incorporates examples of Law Reports, acts, Halsbury’s, Current Law, Hansard and European materials from the official Journal,Eur-LexandtheEuropeanCourt Includes web shots from key online sources including Westlaw UK, LexisNexis Butterworths,BAILII,EuropaandTSO

2nd Edition Paperback•£18.95•April2009

equItY & tRustsTextbook SeriesMichael haley and Lara McMurtry

• Provides students with a clear and current picture of the law of trusts and equity placing the subject in its modern context

• Combines in depth commentary with critical analysis to give students more than just a guide to the law

• Takes account of the latest legislative and case law developments including those broughtaboutbytheCharitiesAct2006

• Contains practical illustrations to show how the law operates

2nd Edition Paperback•£28.95•June2009

eMPLoYMent LAW Gwyneth Pitt

• Provides a succinct account of employment law and industrial relations law

• Set in the context of experience in the workplace as well as within the wider social and political framework

• DrawsreferencesfromtheBritishcourts,theEuropeanCourtofJusticeandtheEuropean Court of Human Rights

• Written in a straightforward style, making it easy for students to understand the topic and grasp difficult concepts

• Covers the latest legislative and case law developments

7th Edition Paperback•£28.95•September2009

sMIth & thoMAs: A cAsebooK on contRActRoger brownsword

• The leading casebook on the law of contract for over 40 years, providing all the materialnecessaryforanin-depthstudy of the area

• Uses substantial case extracts combined with authoritative explanation to provide readers with an understanding of the principles of contract law

• Discusses both historical and contemporary cases to illustrate the key elements of contract law

• Contains all relevant material including key statutory material and law commission reports

12thEdition Paperback•£30.95•July2009

cRIMInAL LAWTextbook SeriesAlan Reed and ben Fitzpatrick consultant editor: Peter seago

• Provides students with a clear and detailed account of criminal law, explaining the principles and how the law operates in practice

• Focusesontopicscommontothemajorityof law courses including murder, offences against the person, and offences against property

• Sets out the conceptual basis of criminal liability

• Includes hypothetical examples throughout• Examines future law reforms to show how

the law may develop

4th Edition Paperback•£26.95•July2009

key new textbooks




constRuctIon LAWJohn uff cbe

• Provides comprehensive explanations of key topics and issues in a clear, concise tone

• Guidesthereaderthroughtheworldofconstruction contracts, litigation, planning and environmental law

• Covers public and EU law, statutes, safety and building regulations

• Extensivelyupdatedtoreflectthefastpace of change in this field of law, specifically within the implementation and enforcement of construction law and the nature of contracts

• Includes updated contract forms from FIDICandNECC

• ProvidestheJCTandICEformsofcontract

10thEdition Paperback•£28.95•June2009

hAnbuRY AnD MARtIn: MoDeRn equItY Dr Jill Martin

• Presents a leading title on equity & trusts law, unparalleled in breadth of scope and wealth of detail

• Provides a critical commentary with full reference to materials from legal journals

• Covers more than any other equity textbook, featuring other aspects of equity, in particular equitable remedies, and doctrines such as estoppel and undue influencenotusuallycovered

• Discusses key case law and legislative developments including fundamental changes brought about by the Charities Act2006,FinanceAct2006andCompaniesAct2006

18thEdition Paperback•£33.95•February2009

JuRIsPRuDence: theoRY AnD conteXtbrian bix

• Explains the often complex and difficult ideas in legal philosophy clearly and conciselywithoutover-simplification

• Introduces students to the fundamental themes in legal philosophy

• analyses and comments on the writing of the foremost legal theorists

• Takes into account the most recent scholarly work

• Includessubstantial“furtherreading”atthe end of each chapter to encourage the reader to expand on individual sections of the text

5thEdition Paperback•£22.95•March2009

PARRY AnD KeRRIDGe: the LAW oF successIon Roger Kerridge

• Has been the leading textbook on the law of succession for over 70 years, providing the detail required for a full understanding of the subject

• Covers both wills and intestacy as well as probate and the administration of estates

• Incorporates all key case law and legislative developments including those brought about by the Civil Partnership act 2004,theMentalCapacityAct2005,andtheFamilyProvision(IntestateSuccession)Order2008

12thEdition Paperback•£33.95•April2009

MeDIcAL LAW AnD ethIcsDr shaun D. Pattinson

• Covers the major topics of medical law and ethics, combining detailed legal exposition and analysis with moral theory and philosophy

• Considers the wider contextual pressures facing the law such as the impact of patient consumerism, and the changing perceptions of medicine

• Examines the impact of increasingly direct (internationalanddomestic)recognitionofhuman rights

• Details all recent legislative developments including the Mental Capacity act 2005andCodeofPractice,RedressAct2006,MentalHealthAct2007,HumanFertilisationandEmbryologyAct2008

2nd Edition Paperback•£26.95•August2009

the LAW oF FInAnceAlastair hudson

• Provides the first comprehensive account of the whole of the law of finance in one volume

• Explains the key principles of the various areas of law such as contract, property and tort, which are the building blocks of the law of finance

• Moves on to discuss the key areas of financialpracticeone-byone,includingcustomer banking, lending, stakeholding, refinancing, proprietary finance and collective investment entities

• Provides extra course support via podcasts on the author’s website (www.alastairhudson.com),togetherwithupdates, course materials and online links

1stEdition Paperback•£41.95•May2009



MoRRIs: the conFLIct oF LAWsDavid Mcclean and Kisch beevers

• Theleadingtextbookontheconflictoflaws, covering all branches of private international law

• Explains the fundamental principles of the subject and how the law works in practice

• Encourages critical thinking by getting students to think about the issues which concerntheworkingoftheconflictoflawsas a whole, in particular, the theoretical basis and methodology

• Takes into account all recent developments including the Rome I and Rome II Regulationsoncontractualandnon-contractual obligations

• Examines recent case law from the European and English courts

7th Edition Paperback•£31.95•April2009

osboRn’s concIse LAW DIctIonARYedited by Mick Woodley

• Forover80yearsOsborn’shasbeentheessential concise dictionary of legal terms

• offers comprehensive coverage including an extensive listing of journals, law reports and their abbreviations

• Contains over 4,700 references from the obscure to the everyday

• Provides speedy access to a mass of technical terms and phrases in both English and European law

• Takes all entries beyond definitions and basic context with extensive legal referencing to provide a solid basis for further research

11thEdition Paperback•£11.95•March2009

LAW oF InteRnAtIonAL tRADe-cRoss-boRDeR coMMeRcIAL tRAnsActIons Jason chuah

• Presents a comprehensive and up to date treatment of all key aspects of private international trade law

• Explains the theoretical framework, which underpins the law against the background of modern trade documentation and export practice

• Demonstrates a practical approach to the subject incorporating example contractual clauses, forms and diagrams to demonstrate how the law works in practice

• Sets out summaries of the more significant cases and, where relevant, cases from the Commonwealth and other countries are discussed

• Discusses recent legal developments, including,theRome1andRome2Regulations, the final draft UNICTRaL Transport Convention, insurance law reform,URR725andtheUCP600

4th Edition Paperback•£32.95•June2009

boWett’s LAW oF InteRnAtIonAL InstItutIonsPhilippe sands qc and Pierre Klein

• Provides an introductory overview of the law of international institutions, covering the major organisations and explaining their role and governing law

• Covers all the major global, regional and judicial institutions such as the UN, the IMF,theWTO,theICJ,theInternationalTribunal for the Law of Sea, the ICC and the ICTs as well as the EU and Council of Europe

• Split into three parts: part one describes the global institutions and then the regional institutions, part two addresses the various functions of international organisations and part three considers the four sets of common institutional problems

6thEdition Paperback•£31.95•June2009

InteRnAtIonAL LAW Rebecca M.M. Wallace and Dr olga Martin-ortega

• Presentsauser-friendlyandaccessibleexposition of the key concepts of International law

• Describes the substantive procedural principles – critical to an understanding of the International legal process

• Incorporates discussion and analysis of both UK and US material including examples of US cases and sources

• Provides detailed discussion of human rights issues

• Providesin-depthcoverageofissuesrelating to the use of force and the global war on terror

• Includes guidance on how to research International law, including conducting research on the internet

6thEdition Paperback•c.£24.95•June2009

the DeVIL’s ADVocAteIain Morley qc

• Presents the leading book on advocacy, bridging the gap between reading about advocacy and how you actually do it

• Writteninano-nonsenseandengagingstyle to bring a fresh approach to studying advocacy

• offers punchy advice and insightful comments on all of the necessary skills and processes involved in advocating

• Uses examples throughout to illustrate key points and aid knowledge retention

• Includes a new chapter on the International Criminal Tribunals which require an additional set of advocacy skills due to the dynamics thrown up such as the need for simultaneous translations

2nd Edition Paperback•£16.95•February2009

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the importance of succession


MIssInG WILLsFashionschange,ofcoursetheydo,butsomechangesare harder to account for, or to explain, than others. Had anyone asked a lawyer in the middle of the nineteenth century to list the subjects which a clever and ambitious would-belawstudentshouldstudy,Successionwouldalmost certainly have come close to the top of the list, if not at the very top. Property lawyers were the cream of the legal profession and Succession was something in which they all worked and which they all understood.

Lord St Leonards, the barber’s son who left school at the age of twelve and who went on to become Lord Chancellor;SirJamesWigram,themathematicianwhose expertise lay in the interpretation of wills; Hawkins, the classical scholar who dared to challenge

Wigram’s theories – all these men, from their very different backgrounds, reached the top of the profession as specialists in wills, even if only one of the three left a will behind him on his own death. Lord St Leonards’s will was stolen, and Hawkins died intestate.

So what has happened to Succession and why? In the pastfiftyorsixtyyearsitseemstohavebeensqueezedout of the syllabus by what some might think of as an odd mixture of Commercial Law, European Law and Human Rights. I began my working life as a commercial lawyer,andthenIworked,inFrance,fortheEuropeanCommission of Human Rights, but I have repented of the sins of my youth and would like to make amends by restoring Succession to its rightful place at the centre of any decent legal curriculum.

The most important single legal transaction for every one of us is the disposition of his or her property on death. If not handled correctly, those that we wish to benefit could be left out in the cold. Roger Kerridge, SolicitorandProfessorofLaw,UniversityofBristol,isauthorofthenew12theditionofParryandKerridge: The Law of Succession. In the following article he looks back at how this area of law has developed and explains why it’s such a fascinating subject for both students and lawyers.



WIntLe v nYe Succession Law is not, as some seem to think, a sad subject – concerned with death. It is concerned not so much with the dead, but with those who survive them, and who fight over their property. That is what makes it so fascinating, it brings out the worst in almost everyone. The leading case of Wintle v Nye is all about asolicitorwho(likemanyothersolicitorsatthetime),having a rich client who did not really know to whom to leave her property on her death, obligingly drafted a will for her, in his own favour. His misfortune was that one of her first half cousins was a colonel in the Dragoons, someone who enjoyed a fight, who challenged the will, lost the case at first instance, appealed and lost in the Court of appeal, and then went for broke. The colonel wonintheHouseofLords,asalitigant-in-person.Thelegal profession do not emerge well from that case – the solicitor, counsel, the trial judge – they all come out to somedegreetainted.Butitwashugelyentertaining,and the public loved it.

Maybe this is the problem with Succession nowadays. Inthe“goodolddays”lawyerscouldmakewillsfor their clients in their own favour and get away with it. or, one lawyer could draft a will badly, and other lawyers could then charge enormous fees for sorting things out. only the clients suffered, because they had to pay for this pantomime. Things are different nowadays. Since Ross v Caunters[1980]Ch297andWhite v Jones [1995]2AC207professionaldraftsmenwhomakemistakes when drafting, or not drafting, wills may well find themselves liable for the losses suffered by those whom their clients intended to benefit, and this can be expensive. It seems that the attitude now being taken insomecirclesisthatwill-draftingistoodangerousanundertakingforlawyerstogetinvolvedin.Butifwetellthe public that we are not capable of drafting their wills for them, what do you expect them to think of us? The long term effect of this approach will be catastrophic.

LAW ReFoRMThe input of the legal profession into the Law of Succession during the past fifty or sixty years has not been particularly edifying. There were two major, but unsatisfactory, Reports from the Law Reform Committee (the19thand22nd)andtherehavebeenanumberofother,half-heartedattemptsatchangefromtheLawCommission.Thewholetopicofbeneficiary-madewillsis in urgent need of an overhaul and it is surprising (that isthepoliteword)thatsomanylawyersventureintoSuccession but fail to grasp some of the basic rules. How wasitthat,inonefairlyrecentandwell-reportedcase,counsel for a claimant who was challenging a decidedly suspect will failed to notice that the testator had (almost certainly)dieddomiciledoutsideEnglandandWales?

Had he noticed it, and seen its significance, then victory would almost certainly have been his. as it was, his client lost the case. and there was another case where nobody seemed to notice the impact of a constructive trust where a beneficiary had murdered those from whom he was destined to inherit. yet the existence of a constructive trust in such circumstances had been referred to not only in all the textbooks on Succession, but in virtually all the Trust textbooks, as well.

Succession is not, and never was, a subject for the amateur, who can wander into it and hope that he or she can get away with a bit of guesswork and a dose of common sense. It is a fascinating mixture of rules dreamed up over the centuries by a legal profession, often in its own interests, and many of which rules are in urgent need of review. The fact that the Law Commission arenow(startingin2009)goingtoundertakea(hopefullyradical)lookatthereformintestacyandoffamily provision is a step in the right direction.

the FutuRe oF successIonInthemeantime,whatisneededisanincreasedflowofstudents into the study of this branch of the law. Except inJamesBondfilms,eachofuswilldieonlyonce,butthe most important single legal transaction in the life of every one of us is the disposition of his or her property ondeath.Gettingtherulesonthisrightisessential,and,because of the light it throws on the human condition, the study of the way in which people act in this field is captivating.

The12theditionofParry and Kerridge (the first edition of whichappearedin1937)waspublishedinMarch2009,just in time to cover the latest revision of the statutory legacy, the sum to which a widow or widower is entitled onaperson’sdeathintestate.Banguptodate!Butonthe front cover of the book there is a picture of the High Court of Delegates, the Ecclesiastical appeal Court, to which testamentary cases would have gone in the early nineteenth century. It was a court which gave no reasons for its decisions, and which was eventually dissolved as a result of its own scandalous behaviour (it imprisoned a litigant who dared to complain about the cost of proceedingsbeforeit).Theinteractionofthenewandthe old, the dead and the living, the lawyers and their clients, all these give this subject its very special charm.

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suMMeR 2009

call for papers

shARe YouR eXPeRtIse In IPPublishedinassociationwithWIPO,TheWIPOJournalis a brand new interdisciplinary, international journal focussingonglobalIPissuesacrossthe184WIPOmember states.

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