The new 5th edition of Commercial Contracts: A Practical Guide to Standard Terms provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: Key common clauses; When to use standard terms; Procedures and good practice; Termination of contracts; Remedies for breach; Specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on Business-to-Business and Business-to-Consumer agreements, providing users with an excellent tool for drafting commercial contracts.Key changes for the new 5th edition include coverage and analysis of:
- important case law as to when terms are unfair or unreasonable, notably the first Supreme Court ruling on the fairness test in ParkingEye Ltd v Beavis
- Changes in the regulation of consumer credit since regulation passed to the Financial Conduct Authority
- Fresh court guidance as to when terms have been incorporated into a contract
- Rulings on the rules as to the enforceable of onerous terms
- The Consumer Rights Act 2015
- The effect of the Data Protection Act 2018 and GDPR
- Brexit and the transitional period
- The new 2019 EU Regulation on privacy
- Replacement of the PECR regulations by the new EU Directive on trade secrets and UK implementation
An essential resource for commercial contract drafters helping them to prepare water tight legal agreements and ensure that they are completely clear on what a business must do to stay on the right side of the law.
Includes online access to downloadable precedents
The new, fifth edition of Internet Law & Regulation is the long-awaited new edition of the leading title in its field, authored by Graham Smith of Bird & Bird. The title presents an analysis of key areas of internet law & regulation from a UK perspective. It is fully updated including recent developments relating to GDPR, the Investigatory Powers Act 2016, eIDAS, online intermediary liability, including site blocking injunctions and updated UK and EU case law across all chapters.
Internet Law and Regulation:
- Takes a comparative approach to themes that have arisen in relation to the Internet, providing detailed coverage of English law
- Provides guidance on areas of importance such as encryption, obscenity, freedom of speech, tax and competition law
- Contains helpful, practical guidance for both legal and non-legal audience
- Includes extensive intellectual property law coverage, including Copyright and Confidential Information, Patents, Trade Marks, and Domain Names
- Contains dedicated chapters on Defamation, Data Protection, Internet Payments, Tax and Competition Law
- Takes the reader through issues with liability including both content liability and protection, as well as enforcement and cross-border liability
- Discusses both the Communications Regulation and the Broadcasting Regulation
- Contains detailed analysis on online contracting and auctions; and statutory requirements and international contracts
- Covers prohibited and regulated activities, such as computer misuse, offensive communications and online safety, pornography and sexual offences, contempt of court, gambling, pharmaceuticals, and advertising and promotional activities
- Written by cyberlaw expert Graham Smith and a team of contributors from leading law firm Bird & Bird
In Online Courts and the Future of Justice, Richard Susskind, the world’s most cited author on the future of legal services, shows how litigation will be transformed by technology and proposes a solution to the global access-to-justice problem.
In most advanced legal systems, the resolution of civil disputes takes too long, costs too much, and the process is not just antiquated; it is unintelligible to ordinary mortals. The courts of some jurisdictions are labouring under staggering backlogs – 100 million cases in Brazil, 30 million in India.
More people in the world now have internet access than access to justice. Drawing on almost 40 years in the fields of legal technology and jurisprudence, Susskind shows how we can use the remarkable reach of the internet (more than half of humanity is now online) to help people understand and enforce their legal rights.
Online courts provide ‘online judging’ – the determination of cases by human judges but not in physical courtrooms. Instead, evidence and arguments are submitted through online platforms through which judges also deliver their decisions.
Online courts also use technology to enable courts to deliver more than judicial decisions. These ‘extended courts’ provide tools to help users understand relevant law and available options, and to formulate arguments and assemble evidence. They offer non-judicial settlements such as negotiation and early neutral evaluation, not as an alternative to the public court system but as part of it.
A pioneer of online courts, Susskind maintains that they will displace much conventional litigation. He rigorously assesses the benefits and drawbacks, and looks ahead, predicting how AI, machine learning, and virtual reality will likely come to dominate court service.
The new 14th edition of Drafting Trusts and Will Trusts is a crucial guide to drafting and understanding wills and trust documents.
The work offers a comprehensive selection of precedents to suit a wide range of requirements, and helps ensure the practitioner can make the best succession planning judgments through the use of the correct wills and trusts.
This fully updated 14th edition has been written to incorporate all of the key developments in this area of law in the years since the publication of the previous edition.
Features of the 14th edition include:
- Guidance on the technical issues involved in drafting settlements, common mistakes and traps, which matters are essential to cover and those that can be safely be omitted
- Coverage of the inheritance tax Residence Nil Rate Band
- A new chapter on the drafting of co-ownership trusts of the family home and six new related precedents, including trusts providing for both fixed and floating shares and charge arrangements to protect third party contributions
- Coverage of the Finance Act 2019
- Updated chapters to reflect changes in law and practice including revised Law Society Guidance on Making Gifts of Assets, the use by beneficiaries of data protection legislation to obtain information about trusts, and the use of the STEP Standard Provisions in personal injury trusts
- Written in an easy to understand style enabling the less experienced drafter to comprehend more complex issues
- Fully reviewed and updated precedents for practical assistance with drafting
- Precedents are accompanied with an explanation of why the text is there and the choices which need to be made
Agricultural Precedents Handbook from LexisNexis (formerly published by Jordans), now in its third edition, is a specialist publication providing those advising farmers and other members of the rural community with a comprehensive collection of time-saving and reliable precedents, accompanied by a very useful commentary.
The precedents range from those dealing with the acquisition and sale of agricultural property to tenancies governed by the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995, residential tenancies, grazing agreements, alternative land uses, livery arrangements for horses, shooting leases, partnership agreements and contract and share farming arrangements.
Agricultural Precedents Handbook is written by leading practitioners in this area and offers a library of precedents in twelve separate chapters, covering many of the types of transactions that are likely to be met in day to day practice.
A CD accompanying the book contains all of the precedents allowing users to download and adapt each document as necessary. There are over 100 precedents in the revised edition.
The new edition has been thoroughly revised and updated to take into account major developments in the law since the last edition in 2009, including the introduction of the Basic Payment Scheme and consideration of and suggestions regarding the situation leading up to and then post Brexit, with appropriate suggested wording for new documentation, changes to the model clauses regulations under the Agricultural Holdings Act 1986 as well as the tenancy succession application regime following the replacement of the Agricultural Land Tribunal by the First-tier Tribunal, and changes to the Agricultural Tenancies Act 1995.
In addition to the new precedents in this third edition, the latest forms required for succession applications on retirement and death in the First-tier Tribunal are included as well as updated tenancy agreements, forms of notice, and other documents all of which incorporate reference to current statutes as well as, where appropriate, endeavouring to deal with the anticipated post-Brexit situation.
This brand new title explores the key legal issues and the complex and ever-changing inter-relationship between the law and technology. It is a must-have practical guidance resource for junior lawyers and lawyers in training who are new to technology law, and is essential reading for undergraduates and postgraduates on law courses covering the law related to technology.
An Introduction to Technology Law is written by industry experts, practical support lawyers and key legal professionals from top UK firms and chambers, and provides a practical introductory guide to technology law as it affects the TMT (technology, media and telecommunications) industry sector. The title includes coverage of key technology law issues across software, cloud, websites, domain names, outsourcing, artificial intelligence, autonomous vehicles, blockchain, drones, media, advertising, and telecommunications.
The Internet, Warts and All: Free Speech, Privacy and Truth asks questions. Why are government digital policies so often out of touch and counter-productive? Why is surveillance law problematic and ineffective – and often defeated in court? Do companies like Google and Facebook really care about freedom of speech? Why are neither laws nor technology companies able to get to grips with trolling? Is ‘fake news’ something that can be ‘dealt with’? Can these issues be addressed more effectively, intelligently and appropriately in the future? To answer these questions, The Internet, Warts and All busts a number of myths and illusions about the internet – about the neutrality of algorithms, the permanence of information, the impact of surveillance, the nature of privacy and more. It shows how trolling and ‘fake news’ arise – and why current moves to deal with them are doomed to failure. It suggests a way forward – by embracing the unruly nature of the internet.
Written under the general editorship of two specialist employment law practitioners, with contributions from their respective Chambers and Law Firm, Employment Covenants and Confidential Information: Law, Practice and Technique, Fourth Edition provides a comprehensive yet highly practical analysis of the law and practice in this area of employment disputes, setting out appropriate strategies from both the employer’s and employee’s perspective.
The book focuses on how to prevent competitive activity by an employee or former employee and what to do when it happens. Clear guidance is given on drafting to minimise the risk of competitive activity, what activities an employee or ex-employee may and may not undertake and the remedies available where competitive activity occurs.
This expanded edition includes up-to-date coverage of:
Case law relevant to the drafting and interpretation of employment covenants
Current trends regarding enforcement of employment covenants and duties of confidentiality
Developments in the law on fiduciary duties and the interrelationship with duties of fidelity
Fresh perspectives on garden leave, springboard injunctions and team moves
Remedies available against the (ex-)employee and third party competitors
Disputes with a foreign law element: conflict of laws, exclusive jurisdiction clauses, choice of law and anti-suit injunctions
Employment Covenants and Confidential Information, Fourth Edition is essential reading for all employment law practitioners, HR professionals and company directors responsible for drafting and enforcing employment contracts. Through the use of checklists, flowcharts, precedents and case studies it translates theory into practice.
Structured to reflect the process in practice Beswick and Wine: Buying and Selling Private Companies and Businesses focuses on the key commercial, tax and legal issues that arise from business sales. By addressing fundamental issues from the perspective of both the seller and the purchaser it is a perfect handbook for all those involved in such acquisitions.
From due diligence through to completion of the share purchase or business transfer agreement Beswick and Wine: Buying and Selling Private Companies and Businesses contains clear, expert advice.
The 10th edition has been fully revised and updated to include:
- Latest Companies Act 2006 cases;
- Tax changes including to entrepreneurs’ relief and both corporate and personal taxes and impact on sale of share and sale of assets of a company;
- Sectoral specific changes such as changes to intellectual property and competition law and impact on due diligence process including EU data protection regulation.
It also includes checklists, draft enquiries, letters of disclosure and a specimen completion agenda, together with an accompanying electronic download containing all the precedents in the work.
Written by leading lawyers in the field and published by Jordan Publishing, this popular guide to the tax efficient drafting of wills, estate planning and administration provides practitioners with help and guidance, and discusses the typical problems and pitfalls that may be encountered in practice. The precedents have been carefully selected to deal in a straightforward fashion with the common needs of clients.
This new edition has been updated to include:
- A new chapter dealing with the residential nil rate band together with a selection of precedents. The impact of this change is also considered in the chapters on IPDI trusts; variations and estate administration
- All the recent cases dealing with the validity of wills and aspects of administration together with developments in the equitable remedy of mistakes
- A new chapter dealing with international aspects.