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The Law of Limitation
This much-awaited practical compendium on the subject of limitation will greatly assist practitioners in all fields of civil litigation. The topic is set in the fullest possible context, with thorough coverage of the commonly arising matters in tort and contract, supplemented by expert and fine-tuned analysis of a wide range specialist frameworks. Insolvency, company law, and arbitration are among the more rarely discussed practical contexts presented here. Analysis of statutory limitation under the Limitation Act 1980 and a range of other intersecting statutes (including The Merchant Shipping Act; The Foreign Limitation Periods Act; International Transport Conventions; and contractual or ot...
Casebook on Restitution
Restitution has emerged over the last 50 years as an essential component in the modern law of obligations. Its central concerns are the reversal of unjust enrichment and the unscrambling of defective transactions. A major difficulty with studying restitution is terminological. Whereas the older cases utilize techniques such as "actions for money had and received" and "constructive trusts", modern cases and juristic writings speak of "unjust factors" and "incontrovertible benefit". This volume guides the reader through the often impenetrable language to an appreciation of the leading cases, and a clearer understanding of the practical difficulties of restitution claims. Cases cover issues ranging from the deceptively simple example of mistaken payments to the complicated fall-out of corporate collapse, as in the "Barlow Clowes", "Polly Peck" and "Maxwell" cases.
McMeel on the Construction of Contracts
"[This book] helps the reader to negotiate a complex area of law by combining principles and doctrine with relevant discussion of the case law [and identifies] and anticipates current and future trends in litigation New to this [edition includes]: updated discussion of the role of the appeal courts in their decisions on judgments relating to contract construction, most notably the cases of Rainy Sky v Kookmin Bank (2011), Arnold v Britton (2015), the Lloyds Bank Bonds case (2016), and Wood v Capita Insurance Services(2017); expanded coverage and critique of the principles of implication and rectification; extended treatment of good faith following Yam Seng (2014) and MSC Mediterranean Shipping v Cottonex (2016); and discussion of New Commercial Court Guide rules on background facts 'factual matrix' and statements of case."--
The Construction of Contracts
This practitioner-orientated new edition provides a clear and comprehensive account of the legal principles and doctrines that come into play whenever parties disagree about the meaning and effect of contractual words.
McMeel and Virgo on Financial Advice and Financial Products
Now in hardback, this comprehensive work covers the legal and regulatory environment in which claims concerning sales of and advice on financial products for individuals and businesses are brought and defended. Fully updated to explain the impact of the twin peaks regulation under the Financial Services Act 2012, the book analyses the role of the Financial Conduct Authority and considers its activities to date. The book covers both statutory claims and traditional 'professional negligence' claims based on contract and tort against financial advisers, brokers, other intermediaries and product providers. Also included in this third edition is a new chapter on consumer credit, considering the transfer of responsibility for the consumer credit regime from the Office of Fair Trading to the Financial Conduct Authority. This is the leading work on professional negligence in the financial services field and is an essential reference tool for all those who advise on bringing or defending such claims.
McMeel on The Construction of Contracts
An account of legal principles and doctrines which come into play whenever parties disagree about the meaning and effect of contractual words, this work provides an account of the principles involved, focusing on the practitioner's needs, tackling modernisation and helping readers to avoid pitfalls in contractual provisions.
McMeel and Virgo on Financial Advice and Financial Products
This comprehensive guide covers the legal and regulatory environment in which claims arising in the financial services context are brought and defended. With (approximately) two annual updates this loose-leaf is an invaluable source of reference to those in the field of financial services.
The Modern Law of Restitution
In a sequence of landmark decisions in the 1990s, from Lipkin Gorman v Karpnale to Klienwort Benson v Lincoln City Council, the House of Lords and courts throughout the common law world have recognised and developed a coherent law of restitution based upon the principle of reversing unjustenrichment. This intellectual revolution supersedes obsolete learning on quasi-contract and constructive trusts. Whenever money goes astray, or an apparently consensual transaction goes awry, lawyers need to be familiar with the principles and detailed rules of this "new" subject. This workaddresses the relationship between the unjust enrichment principle and the traditional rules on transactions and insists upon the primacy of contract and the subsidiarity of restitution to established categories of law. The book guides both the student and the busy practitioner through the difficultpractical issues and the arcane vocabulary towards a clearer understanding of the restitutionary enquiry.
Financial Advice and Financial Products
Timed so as to coincide with the Financial Services and Markets Act 2000 coming into force, this book looks in detail at the extent to which institutional or independant financial advisors are liable to those whom they advise for the accuracy and quality of their advice.
