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This practical guide is intended for practitioners seeking to navigate disputes involving easements and restrictive covenants.In the context of easements, this book addresses the creation of easements, liability, extinguishment of easements and remedies, with a particular focus on the issues that are most likely to be encountered in practice. Further, it also explores common freehold covenants, how these can be enforced, modified or discharged and the remedies available.The guide provides insight into how the courts are likely to resolve such disputes and important points on evidence and procedure which will inform case preparation.ABOUT THE AUTHORPriya Gopal is a barrister at Gatehouse Chambers. Her practice encompasses all aspects of Property Law, Commercial Dispute Resolution, Professional Liability and Costs. She is an experienced court advocate, appearing in trials, interim applications, appeals and hearings on ancillary matters, often against counsel who are more senior to her in call.CONTENTSChapter One - Rights of Way and Other Common EasementsChapter Two - Creation of EasementsChapter Three - Easements and LiabilityChapter Four - Extinguishment of EasementsChapter Five - Common Freehold CovenantsChapter Six - Enforcement of Freehold CovenantsChapter Seven - Discharge and Modification of Restrictive CovenantsChapter Eight - Remedies

Intended for busy solicitors and surveyors, 'A Practical Guide to Alienation, Alteration and User Covenants in Commercial Property' provides an efficient guide to the workings of these important covenants. Each type of covenant is dealt with in its own standalone chapter, highlighting the key legislative provisions and case law as well as discussing the practical issues likely to be encountered in practice. The book also explains the principles which govern the interpretation of leases generally, the test for the implication of terms into a lease, the workings of the Landlord and Tenant (Covenants) Act 1995 and the principles governing forfeiture, all of which are of wider application and will be of use to those practising in commercial property. Each of the chapters is broken down by topic, so the busy reader can quickly extract the key points.Applications for landlord consent and tenant remedies for an unreasonable refusal of consent are considered in detail. The interrelationship between lease renewal proceedings under the Landlord and Tenant Act 1954 and alteration, alienation and user covenants is explained.This accessible account of the law of landlord and tenant will also be a valuable resource for those studying this technical area.ABOUT THE AUTHORRichard Clarke is a barrister at Landmark Chambers who specialises in all aspects of property litigation including commercial and residential landlord and tenant, easements, covenants, boundaries and injunctions.CONTENTSChapter One - The Interpretation of LeasesChapter Two - The Implication of Lease Terms at Common LawChapter Three - Rules Governing Alienation CovenantsChapter Four - Rules Governing Alteration CovenantsChapter Five - Rules Governing User CovenantsChapter Six - When Is Consent Unlawfully Withheld?Chapter Seven - Interaction Between the Landlord and Tenant Act 1954 and Alteration, Alienation and User CovenantsChapter Eight - Remedies for Breach of Covenant

Data insecurity can cripple businesses. The Information Commissioner makes large organisations pay fines of millions of pounds for data security breaches. Google and others have had to face the possibility of representative actions claiming compensation for data breaches on behalf of millions of users.This book is written for both organisations and individuals. It brings together the legislation, policies and procedures needed to navigate enforcement in data protection law when things may have gone wrong.ABOUT THE AUTHORMariel Irvine is a solicitor and qualified data protection practitioner. She was a partner in an insurance litigation firm in the City before founding her firm twenty years ago. This is her third legal textbook.She acts as an external Data Protection Officer for companies and advises businesses in a number of different sectors, particularly when taking over other companies, setting up and merging websites and obtaining consent for marketing from customers. She provides data protection training in both the private and public sector.CONTENTSChapter One - IntroductionChapter Two - PreliminariesChapter Three - Enforcement Against the Information CommissionerChapter Four - Information Commissioner's Regulatory Action PolicyChapter Five - Commissioner's Investigative Powers: Information and Assessment Notices: Warrants to Enter PremisesChapter Six - Commissioner's Corrective Powers: Enforcement NoticesChapter Seven - Commissioner's Corrective Powers: Penalty NoticesChapter Eight - Procedure for Appeals to the TribunalChapter Nine - Enforcement by Data Subjects in the CourtsChapter Ten - Conclusion

Grandparents have become more and more involved in the lives of their grandchildren, yet their legal position is still vague and uncertain. This useful new updated guide sets out what remedies are available and what action grandparents can take should they become caught up in family breakup or disharmony. The author has represented and advised grandparents in both private and public law proceedings over many years. Topics covered include:Grandparents - the current position;Orders available to grandparents in private and public law proceedings;Permission to file applications for court orders;Acquisition of Parental Responsibility;Contact with grandchildren in the care of the Local AuthoritySpecial Guardianship Orders including discharge and variation applications;The cases of Re J (2002), Re A (2015) & Re C (2009) Re M (2021) Re F&G (2021)Practical suggestions on advising grandparents on court applications.ABOUT THE AUTHORStuart Barlow is in the family team at Bhatia Best Solicitors. He has specialised in Family Law for over 40 years. His focus is now on representing Parents and other parties in Children Cases. He is a member of the Law Society Children Panel and Accredited Specialist with Resolution in Private Children and Cohabitation Law. He is the former Chief Assessor of the Law Society Family Law Panel and adjudicator for the Legal Aid Agency. He is a regular presenter of training courses for family lawyers throughout England and Wales and the author of several family law books.CONTENTSIntroductionChapter One - Summary of the Current PositionChapter Two - Common Situations Faced by GrandparentsChapter Three - Orders Available to GrandparentsChapter Four - Who Can Apply? - Section 10 Children Act 1989Chapter Five - What if the Court's Permission Is Required?Chapter Six - Other Important FactorsChapter Seven - Application for Party StatusChapter Eight - The Court ProcessChapter Nine - Applications for Leave by the Child ConcernedChapter Ten - Funding an Application to the CourtChapter Eleven - Public Law ProceedingsChapter Twelve - Grandparents' Contact With Their Grandchildren in the Care of a Local AuthorityChapter Thirteen - Special Guardianship OrdersChapter Fourteen - Special Guardianship Order ChangesChapter Fifteen - Practical Suggestions When Advising ClientsChapter Sixteen - ConclusionAppendix A - Children Act 1989 Part IIIAppendix B - Adoption and Children Act 2002Appendix C - Part 18 Procedure for Other Applications in Proceedings

This authoritative study is the first devoted to Permanence Orders. It comprehensively describes the court process from initiation to conclusion. It guides the practitioner from considering the available orders into considering the rules governing the application. The form of evidence required is described before an examination of the expanding caselaw detailing the thresholds of the different orders, the role of welfare and contact. The book concludes with consideration of expenses and the exacting hurdles attaching to appeals.ABOUT THE AUTHORAlan Inglis was Called to the Bar of England and Wales in 1989 and the Scots Bar in 2009. He practices in both jurisdictions but primarily in Scotland. He has appeared in many of the leading cases which are considered in this book. He has always practiced exclusively in Family Law, particularly public law children's cases. Before that he was a social worker in Inner London specialising in child protection and mental health.Alan is based at Arnot Manderson Advocates in Edinburgh and 4PB in London. He is a trustee of both the Scottish Child Law Centre and of the Equality Network, and also a Fellow of the International Academy of Family Lawyers.CONTENTSChapter One - IntroductionChapter Two - The Structure of a Permanence OrderChapter Three - The ApplicationChapter Four - EvidenceChapter Five - The Threshold CriteriaChapter Six - WelfareChapter Seven - ContactChapter Eight - ExpensesChapter Nine - AppealsAppendix One - Adoption and Children (Scotland) Act 2007Appendix Two - Rules of the Court of Session - Chapter 67Appendix Three - Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 No. 284

The second edition of this book incorporates the recent amendments to the Electronic Communications Code and recent cases including consideration of the Code by the Supreme Court. It is a practical guide to litigation arising out of the Electronic Communications Code. Its goal is to assist those who litigate about code rights or code agreements on behalf of clients who own or occupy land that is, or may become, subject to them.This book begins by explaining the relevant rights which may be conferred under the Code. This includes an analysis of its technical requirements, and the highlighting of potential pitfalls which may arise both in substantive disputes and the relevant tribunal procedures that apply.The text goes on to focus on the parts of the Code that are most likely to have a substantial impact on landowners or occupiers, and so contains a detailed consideration of the growing body of case law that is developing on the most contentions aspects of the new code.CONTENTSChapter 1: An Introduction to the New Electronic Communications CodeChapter 2: Code Operators, Their Networks, and Code RightsChapter 3: Notices, their Service, and Paragraph 20 NoticesChapter 4: The Identity of "the court", and Applications to it to Acquire Code RightsChapter 5: Terms of and Formalities for Code Agreements, and EnforcementChapter 6: Consideration and ValuationChapter 7: CompensationChapter 8: Part 5 of the Code, and the Continuation and Termination of Code Agreements to Which it AppliesChapter 9: Variation of Code Agreements, and Interim Payments of ConsiderationChapter 10: Removal of ApparatusChapter 11: Third Parties, Code Rights and Land Registration, and the Assignment of Code RightsChapter 12: The Transitional ProvisionsChapter 13: Parts 4A and 4ZA of The Code: Unresponsive Owners and OccupiersChapter 14: ADR, Procedures and Practicalities

Knowledge of the law, and litigation of the cases, are two very different concepts. This book is not a legal textbook in the conventional sense as that already exists in an excellent work by HHJ Luba KC, Catherine O'Donnell, and Giles Peaker. This work concentrates exclusively on how to litigate housing conditions cases successfully so as to achieve the best result for the tenant in the shortest reasonable timescale. In all areas of practice, efficient and cost-effective conduct of litigation is essential. This work aims to achieve that important objective.As the title of the book suggests, it is aimed at solicitors, barristers and surveyors - the main professionals involved in this area of practice. It deals with many, if not all, of the areas likely to be encountered on a daily basis in housing conditions cases, and answers many of the questions frequently asked about day-to-day conduct. It is essential reading for those practising in this very important area of the law, and should make the work involved a lot more straightforward for both experienced professionals, as well as newcomers.ABOUT THE AUTHORDavid Bennett is a senior barrister and head of chambers at Liverpool Civil Law, 1 Old Hall Street, Liverpool.During his long career at the Bar he has practised in many different areas of law, including housing conditions litigation, but for the last 10 years he has concentrated solely on housing conditions work in which he has a very busy practice.His decision to write this practical guide was motivated by two factors.First, he considers this to be a very important area of law in which the lay clients are heavily reliant on the expertise of all the professionals concerned, namely solicitors, barristers and surveyors. In many cases the lives of tenants and their families are often badly affected by their housing conditions, causing discomfort, inconvenience, frustration, and not infrequently ill-health. He regards the work therefore as very important, and for many tenants, life changing.Secondly, he has acquired a great deal of knowledge and expertise in housing conditions work over many years and feels that he needs to pass on this expertise to the relevant professionals - some of whom may be new to this area of law, so that the work done at all levels by the experts involved, is of the highest quality to ensure the best result for the lay client.CONTENTSPART ONE - THE WORK OF THE SOLICITORThe Correct PartiesTaking InstructionsThe Correspondence PhasePre-Action Disclosure / Subject Access RequestUse of the Landlord's Internal Complaints ProcedureThe Landlord's Obligations Under the ProtocolThe Requirement for the Tenant to Provide Access to the LandlordPersonal InjuryThe Protocol Requirements for Personal Injury ClaimsLimitationHuman RightsJudgement in DefaultBreach ProceedingsInstructing a SurveyorInstructing CounselPART TWO - COUNSELThe Role of CounselOther Points Commonly Raised in the DefenceAllocation HearingsBirmingham City Council v Avril Lee [2008] EWCA Civ 891DamagesPART THREE - SURVEYORSThe Function of the Surveyor in Housing Conditions CasesPART FOUR - MISCELLANEOUSThe Housing Ombudsman ServiceConclusion

The existence of 'stranded spouse' cases in family law has existed for many decades. The issues that emerge in stranded spouse cases are complex in nature but also emotive. In the family law context, stranded spouse cases can raise issues that practitioners and the courts of England and Wales have to grapple with in a sensitive and effective manner This is because ultimately, the court is concerned on the welfare of the subject children who may be caught up in a practice which is a form of domestic abuse and the welfare of the subject children is as a consequence, impacted upon.This book will provide practitioners a toolkit as to how the courts of England and Wales deal with the vast amount of issues that arise in stranded spouse cases. In particular, this book will outline the strategies practitioners can adopt when representing either parent or the subject children throughout each stage of proceedings. This book will illustrate the powers that can be utilised by virtue of the inherent jurisdiction. In particular, this book will consider the following practical considerations for practitioners:The definition of stranded spouses and the case law relating to this area of the law;The use of the inherent jurisdiction in stranded spouse cases;The use of wardship in stranded spouse cases;The powers and purpose of the High Court and orders that can be obtained such as Tipstaff orders, disclosure orders and return orders;How to effectively represent applicants, respondents and children in these types of proceedings;The format of court hearings and how to deal with certain issues within the court arena; andRepresenting vulnerable clients and participation of parties in stranded spouse cases.ABOUT THE AUTHORMani Singh Basi is a barrister at 4PB. He is a practitioner who has a specialist interest in cases with an international element. As such, he regularly appears in the High Court in cases relating to the inherent jurisdiction of the High Court such as child abduction cases and what can be regarded as 'stranded spouse' cases. He was the winner of the Family Law Commentator of the Year Award at the LexisNexis 2022 Family Law Awards.CONTENTSChapter One - An Introduction to Stranded Spouse CasesChapter Two - Defining Stranded SpouseChapter Three - Stranded and Separated and the Inherent Jurisdiction of the High CourtChapter Four - Stranded and Separated From the ChildrenChapter Five - Stranded With the Subject ChildrenChapter Six - Being Stranded With the PerpetratorChapter Seven - Participation of Parties in Stranded Spouse CasesChapter Eight - Outcomes in Stranded Spouse CasesChapter Nine - Conclusion

This is an essential handbook for any family law practitioner.The last few years have seen a significant increase in awareness of menopausal symptoms and the potentially significant adverse impact they can have on quality of life, ability to work for certain periods of time, relationships, and much more. The average age at divorce has been gradually increasing and now directly collides with the generally accepted "average" age range for onset of menopausal symptoms.A party's menopausal symptoms are now, more than ever, likely to be a relevant factor which should be considered in family law proceedings (to include financial remedy and Children Act matters). This is new territory for practitioners and the judiciary alike.This book will give practical advice to practitioners about how to identify, approach and manage a case in which either or both parties are experiencing symptoms of the menopause.ABOUT THE AUTHORJennifer Williamson is a Partner at Blake Morgan LLP, based in the firm's Southampton office but regularly working from other locations including London and Oxford. She specialises in family law, undertaking a full range of divorce, financial remedy, and private Children Act work in which she acts for a wide and varied client base.Jennifer regularly features in the legal directories (Legal 500, Chambers and Partners) where she is ranked as a "Next Generation Partner" and "Up & Coming". The flowing published testimonials evidence the high regard for her from clients and fellow practitioners alike. Her technical expertise, proportionate and human approach are particularly noted.Jennifer has been at the forefront of thought leadership about the interplay between menopause and family law. She is passionate about the need for recognition of, and a sensible, balanced approach to, the issues.CONTENTSChapter One - Why This Is ImportantChapter Two - Relationship BreakdownChapter Three - Approach & PathChapter Four - Financial Remedy WorkChapter Five - Nuptial AgreementsChapter Six - Children Act 1989 MattersChapter Seven - Domestic Abuse & Family Law Act ApplicationsChapter Eight - Cohabitation MattersChapter Nine - Disability, Protected Characteristics, Ethnic Minorities, Ethnic Groups and LGBTQ+Chapter Ten - Evidence and ExpertsChapter Eleven - Should the Menopause Be Run as an Issue?Chapter Twelve - Family Lawyers and the MenopauseChapter Thirteen - Avoiding Potential NegligenceConclusion

Special educational needs ('SEN') has been a developing legal area since 1993. Just under 1.5 million pupils in England have special educational needs ('SEN') and the number of children and young people with Education Health and Care ('EHC') plans increased to 473,300, as at January 2022. Apart from a decrease in 2020, requests for EHC plans have increased each year since EHC plans were introduced. In the academic year 2021/22, HMCTS tribunals recorded 11,000 registered SEN appeals, an increase of 29% when compared to the prior year.These appeals, which deal with disputes in England between a Local Authority and parents or young people relating to EHC needs assessments and plans, can now be "extended" to include health and social care issues too. They are heard in private, by independent panels consisting of a judge and 1 or 2 specialist members who have relevant specialism and experience. Examination of expert evidence is a common feature of these appeals.This is a detailed practitioner's guide to this fast-growing area. It addresses in detail the relevant statutory and case law as well as the rules and procedure of the First-tier Tribunal and Upper Tribunal which govern these appeals.ABOUT THE AUTHORKatherine Anderson is a very experienced barrister and education law specialist ranked as a Leading Junior in Chambers and Partners and Legal 500 rankings since 2021. She regularly acts in proceedings before the First-tier Tribunal and Upper Tribunal on behalf of parents, young people, local authorities, and responsible bodies for schools. Her own education was at Cambridge University, United Kingdom, and Harvard University, United States. She is a member of 3PB Barristers, described by The Legal 500 2021 as a set that is "increasingly becoming a powerhouse in education law".CONTENTSChapter One - OverviewChapter Two - 'Refusal to Assess' or 'Reassess' AppealsChapter Three - 'Refusal to Issue' AppealsChapter Four - Special Educational Needs and 'Section B' AppealsChapter Five - Special Educational Provision and 'Section F' AppealsChapter Six - 'Section I' AppealsChapter Seven - Education Otherwise Than at School ('EOTAS')Chapter Eight - Ceasing to Maintain EHC Plans and 'Ceasing to Maintain' AppealsChapter Nine - Health and Social Care Needs and Provision and 'Extended Appeals'Chapter Ten - The First-Tier Tribunal in Special Educational Needs Cases - Practice and ProcedureChapter Eleven - Correcting, Setting Aside, Reviewing and Appealing First-Tier Tribunal Decisions

The UK is one of the few countries in the world where home ownership really strikes a chord with the population like no other. As the population grows then the only way to house them is to build more new property. This in itself has become a niche area of law. Many lawyers shy away from it due to the time pressure often placed and different nuances to already existing property.This updated book provides a practical guide for practitioners on how to approach such matters based on the writers' practical experience of dealing with these niche areas of law and their experience from running seminars on the topic for other lawyers across England and Wales. Planning, new homes warranties and the now infamous Help to Buy scheme will all be considered from a pragmatic perspective taking into account the rapid changes in the housing market in the past few years following the Covid 19 pandemic.ABOUT THE AUTHORSPaul Sams is a practicing property Solicitor actively involved in residential, residential and commercial development with niche specialisms in leasehold enfranchisement matters plus equity release.Rebecca East is a practicing Solicitor handling all aspects of residential conveyancing particularly new build purchases and equity release.CONTENTSChapter One - IntroductionChapter Two - What Is "New Build Conveyancing"?Chapter Three - Planning and Building RegulationsChapter Four - New Homes WarrantiesChapter Five - SearchesChapter Six - MortgagesChapter Seven - Help to BuyChapter Eight - Estate ChargesChapter Nine - CompletionChapter Ten - Conclusion

This Practical Guide to Dental Negligence Litigation provides helpful information for lawyers who are running dental negligence cases, be that for Claimant or Defendant.The book is aimed at students and practising lawyers and gives a gentle introduction to understanding dental records and also advice and tips for running dental negligence cases as separate from clinical negligence matters.ABOUT THE AUTHORLouisa Sherlock is dual qualified in dentistry and law. She practised as a dental surgeon for over a decade, both within the NHS and privately. As well as treating patients, she assisted with the running of a busy NHS practice and helped staff to prepare for CQC inspections.Louisa carried out further training in the field of dentistry, completing a two-year diploma to become a member of the Joint Dental Faculties of the Royal College of Surgeons of England, London. Following a further qualification in aesthetic dentistry, Louisa developed a private practice involving cosmetic dentistry, invisible orthodontics and facial aesthetics. She also did some work for a nationwide facial aesthetics company. In addition, Louisa was a member of her Local Dental Committee for several years.Throughout her legal training, Louisa received numerous awards, including the Lord Denning scholarship from Lincoln's Inn.Louisa was called to the Bar in 2018 and is a member of No5 Chambers based in Birmingham and London. Most of her work is in the field of clinical negligence and personal injury. She regularly provides lectures to dental surgeons and experts on relevant legal matters as part of their Continuing Professional Development, and cross-examines experts as part of their assessments with the Expert Witness Institute.CONTENTSChapter One - Introduction to DentistryChapter Two - Breach of DutyChapter Three - CausationChapter Four - Contributory NegligenceChapter Five - ConsentChapter Six - Expert Evidence - Which Expert to InstructChapter Seven - QuantumChapter Eight - Non-Delegable Duty of Care and Vicarious Liability in Dental Negligence CasesChapter Nine - Procedural Matters in Dental Negligence CasesChapter Ten - Conclusion

The need to provide affordable housing is increasing and with that the market for shared ownership properties is also growing. Shared ownership makes it easier for buyers to get on the housing ladder, with lower deposits needing to be paid, and can also help older people with certain schemes being solely aimed at those over 55.This book is intended for those conveyancers acting in respect of the purchase, re-mortgage and sale of shared ownership properties, together with those dealing with any staircasing transactions. The book contains guidance as to what you should be looking at in the lease together with various other considerations that should be kept in mind when dealing with shared ownership properties.ABOUT THE AUTHORSarah Sams is a partner at Dutton Gregory solicitors. She is a shared ownership specialist with an in-depth knowledge of this area of law. With over 20 years experience in residential conveyancing, she has worked with some of the largest social housing providers in the UK, including advising the providers themselves, as well as acting for the leaseholders and buyers.CONTENTSChapter One - IntroductionChapter Two - A Brief History of Shared OwnershipChapter Three - The Difference Between Shared Ownership and Shared EquityChapter Four - Past and Present Types of Shared Ownership LeaseChapter Five - Model Shared Ownership LeasesChapter Six - Capital Funding GuideChapter Seven - Stamp Duty Land Tax and Shared Ownership LeasesChapter Eight - The Right to Shared OwnershipChapter Nine - Miscellaneous Useful InformationChapter Ten - Conclusion

Technology has changed the way we communicate with each other, for better or for worse. The result is that most criminal investigations now involve some aspect of digital communications evidence - be it mobile telephones seized from suspects, call data obtained from mobile network operators, or records taken from social media platforms.This book is for practitioners looking to understand the most common types of digital communications evidence used in criminal prosecutions. From cell site mapping through to mobile telephone extraction, each category of evidence is explained and the relevant law set out. The uses and limitations are explored, as well as a focus on how best the evidence can be presented or challenged before judge and jury. Although primarily aimed at junior advocates and litigators, it is also intended to be a quick reference guide for those more senior.Part One contains a chapter on each category of evidence, covering: Mobile Telephone Extraction, SIM Card Extraction, Call Data Records, Subscriber Checks, Cell Site Evidence, IP Address Resolution, and Intercept Material. Part Two deals with the relevant notices and warrants under RIPA 2000 and IPA 2016. Part Three is focused on disclosure: how it should be managed, what review tools are available, and how complainants should be treated.ABOUT THE AUTHORSam Willis is a specialist criminal barrister at 5 King's Bench Walk, acting for both prosecution and defence. His practice is focused on serious and complex cases, usually involving violence, weapons, drugs, and fraud.Prior to his work as a barrister, Sam was an IT developer specialising in mobile applications and data analysis. He is regularly instructed in cases that require a sound technical understanding of digital evidence and the law that applies to it. He has published several mobile apps which are widely used by solicitors and barristers working in criminal law, and he sits on the Bar Council's IT Panel.CONTENTSPart One - Types of EvidenceMobile Telephone ExtractionSIM Card ExtractionCall Data RecordsSubscriber ChecksCell Site EvidenceIP Address ResolutionIntercept MaterialPrison InterceptsForeign InterceptsEncrypted Messaging InterceptsPart Two - Notices and WarrantsSection 49 RIPA NoticesTargeted Interception WarrantsTargeted Equipment Interference WarrantsPart Three - DisclosureManaging DisclosureDisclosure ToolsComplainants - Mobile Telephone Extraction

In recent times the use of expert evidence has hit the headlines when scrutiny over the expert's qualifications and experience has undermined the credibility of their evidence. This has rapidly become an area of law that practitioners cannot afford to get wrong.This book takes the practitioner through all stages of the process from initial identification of the need for expert evidence, through to maximising the benefit of this evidence at trial. It considers the practical steps required for adducing expert evidence at trial (noting the appropriate procedure rules and practice directions), and how this can most appropriately be presented to the tribunal (including references to key authorities as appropriate).The second edition of this book provides an update in relation to matters of admissibility and the use of expert evidence, but also expands on the types of expert evidence that practitioners may come across in their own work. It aims to provide the practitioner with a level of understanding of these fields that can be used to build confidence when tackling an expert report and challenging an expert in court. With that in mind it is suitable for both junior practitioners coming across these areas of expertise for the first time and seeking to build their knowledge afresh, as well as the more seasoned practitioner seeking to refresh their knowledge as well as understanding some of the greater detail surrounding the various fields of expertise.CONTENTSCh 1 - An Introduction to Expert Evidence - What is an expert report? Who can be an expert? The independence of expert witnessesCh 2 - The use of Expert Evidence in Criminal Proceedings - covering case management, unused material, the presentation of expert evidence in court, directing the juryCh 3- An introduction to the use of psychiatric evidence in the criminal justice systemCh 4 - Fitness to Plead - An overview of the fitness to plead procedure, including how it can be used in both the Magistrates' and Crown Court, how it is established, and how an acts hearing is conductedCh 5 - Insanity - How to establish insanity and the consequences of the return of the 'special verdict'Ch 6 - The utility of psychiatric evidence in establishing self defenceCh 7 - Disposal of cases involving elements of mental health treatment - an overview of the options available to the courtCh 8 - Digital Forensics - the principles for obtaining digital evidence, powers to obtain digital material from within the UK and from abroad, principles of examining devices for digital material, issues arising from the disclosure of gitial material.Ch 9 - Cell Site Evidence - What is it? How it can be used? What are its limitations? How can it be challenged?Ch 10 - Modern Slavery - How can an expert assist with matters of modern slavery?Ch 11 - Gangs, Lyrics and Association - When can the prosecution rely on evidence of gang assocation and music lyrics?Ch 12 - An introduction to Forensic Science - How does forensic science fit within the criminal justice system?Ch 13 - Fingerprint Analysis - Recovering and examining fingerprints; cognitive bias in fingerprint examination.Ch 14 - Firearms - analysis of firearms and ballistics; rifling and the identification of firearms; firearm discharge residue.Ch 15 - The use of DNA in Criminal Proceedings - an overview of the science; sources of DNA; interpretation of DNA; establishing the evidential significance of a match; the prosecutor's fallacy; limitations of the scienceCh 16 - The use of statistics in forensic science - random match probability; liklihood theory; bayesian theorum; statistical evidence in court.Ch 17 - General tips when using expert evidence

The HSE has identified silica as the greatest risk to construction workers after asbestos. Despite not only the risks of respiratory crystalline silica being well known, but also clear evidence that it is attributable to hundreds of deaths per year in the UK, to date, there has not been the level of litigation that may be suspected given the size of the problem.Recently the work of the HSE, the All Party Parliamentary Group on Respiratory Health, combined with increasing litigation in the USA and Australia has shone a light again on the problems caused by respiratory silica. With increasing publicity and awareness, for both individuals and medical professionals, there is forecast to be an increase in litigation.This book is a practical guide for both Claimant and Defendant lawyers involved in this litigation; covering all stages of the litigation process, including the historical knowledge of the problems caused by silica, injuries attributable to silica and how these claims can be brought.ABOUT THE AUTHORHelen Pagett was called to the Bar by Inner Temple in 2008. She is a tenant at Crown Office Chambers and specialises in personal injury, disease, clinical negligence and inquests, including where there are fraud and fundamental dishonesty allegations. Her practice has rapidly progressed to dealing with complex and high-value claims. Before coming to the Bar, Helen read Natural Sciences at Durham University before being awarded a Wellcome Trust Studentship to complete an MA in History and Philosophy of Science and Medicine. She then converted to law at BPP Law School. She was appointed a Deputy District Judge in 2019 and sits on the South Eastern Circuit.CONTENTSChapter One - IntroductionChapter Two - What Is Silica and Respirable Crystalline Silica?Chapter Three - a Brief History of the Awareness of the Risks Posed by Exposure to Respirable Crystalline SilicaChapter Four - Duty of Care and Statutory DutiesChapter Five - Breach of Duty of Care and Statutory DutiesChapter Six - CausationChapter Seven - DamagesChapter Eight - LimitationChapter Nine - Pre-LitigationChapter Ten - Litigation

This practical guide introduces the Court of Protection, an explanation of the relevant legal framework and provides practical support with common applications to the court. The book contains various precedent documents and is the go-to resource for practitioners.ABOUT THE AUTHORHolly Chantler is an experienced older and vulnerable client solicitor with particular expertise in dealing with complex issues relating to mental capacity, financial abuse, powers of attorney, advance decisions and the Court of Protection (contentious and non-contentious matters). Holly holds a number of professional appointments and qualifications, including as a Court of Protection panel deputy, panel guardian and a director of national organisations Solicitors for the Elderly and the Professional Deputies Forum. She also sits on the Court of Protection Rules Committee and acts as a professional stakeholder for the Ministry of Justice, Office of the Public Guardian and Court of Protection.CONTENTSChapter One - Introduction to the Court of ProtectionChapter Two - Specific Tests of Capacity: The Information Relevant to the DecisionChapter Three - When an Application to the Court of Protection May Be RequiredChapter Four - Common Applications to the Court of ProtectionChapter Five - ACC & Ors (Property and Affairs Deputy; Recovering Assets Costs for Legal Proceedings) [2020] EWCOP 9 (27 February 2020)Chapter Six - Making the ApplicationChapter Seven - Costs and Fees in the Court of ProtectionChapter Eight - Who Is the Client?Appendix 1 - ResourcesAppendix 2 - Email Addresses for the Court of ProtectionAppendix 3 - Letter of Instruction to an Independent AssessorAppendix 4 - Deed of Appointment of New Trustee Pursuant to Section 36(1) Trustee Act 1925Appendix 5 - Precedent Section 54 Trustee Act 1925 OrderAppendix 6 - Precedent Section 36(9) Trustee Act 1925 OrderAppendix 7 - Precedent Deputyship OrderAppendix 8 - Orders You Are Seeking (Box 4.1 COP1)Appendix 9 - Re ACC Precedent ClausesAppendix 10 - Precedent Statutory Will Provisions

A focused practical guide for advocates dealing with cases that involve FII, providing an understanding of the different definitions and terms. Helpful advice and guidance in how to draft thresholds with emphasis on the case law and how the complex and case specific issues that arise in such cases can be dealt with and managed, alongside analysis of the pitfalls and areas of difficulties that also can arise.ABOUT THE AUTHORSharan Bhachu is a family law practitioner, whose practice has a particular emphasis on child protection work. She is regularly instructed on behalf of parents, local authorities and children's guardians and has developed a reputation for being straightforward and forthright. Sharan's experience in public law is extensive, ranging from emergency protection orders to secure accommodation orders and discharging care orders. Similarly, her experience in private law is also wide-ranging and includes declarations of parentage and all aspects of abduction, Hague and non-Hague Convention related and Forced Marriage.Sharan has considerable experience in allegations of sexual abuse, physical domestic violence and non-accidental injury cases, including where the injuries were caused by rare genetic mutations, and has often represented interveners in such cases. She has experience in cross-examining a wide range of experts, including medical experts, and is also experienced in cases involving transgender and cultural issues and factitious illness. She has particular experience in complex matters involving the forensic analysis of often disputed expert evidence.CONTENTSChapter One - Defining Factitious Illness DisordersIntroductionMedically unexplained symptoms (MUS)Perplexing presentationsOther factitious disorders- Malingering- Somatic symptom disorders (SSD)SummaryChapter Two - How Do FII Cases Fit Within Care Proceedings: Pre-ProceedingsPerplexing Presentations (PP) / Fabricated or Induced Illness (FII) in Children RCPCH Guidance- Alerting signs- Health and Education Rehabilitation Plans- Responsible Consultant and Named and Designated professionals- Record keeping and ChronologiesSafeguarding Children in whom illness is fabricated or induced' - The 2008 GuidanceSummaryChapter Three - Threshold and Fact-FindingRecognition of which type of FII is involvedPreparation of the papersPleading of thresholds and schedule of findingsFurther legal considerationsCovert Recordings- Recordings by parents/carers- Covert Video Surveillance- Intimate ImagesExpert assessmentSummaryChapter Four - Post-Fact FindingHarm to childrenWhat now?SummaryConclusion

In a world where an application to court should be seen in almost all cases as the absolute last resort, many family law practitioners surprisingly have little or no understanding of the benefit of 'out of court' dispute resolution processes and how they actually work on the ground. As the natural tendency is to 'stick to what you know' this can cause a nervousness and a reluctance to engage in any form of dispute resolution which is unfamiliar. This can give rise to unwittingly becoming 'the other side' whose intransigence is blamed for a failure to consider other alternatives.Mediation/arbitration training courses are expensive - and not everyone wants to do additional training beyond their skills as a family lawyer. The purpose of this practical guide is to provide you with everything you need to know to support your client through all forms of 'out of court' dispute resolution with complete confidence.First you are taken through the reasons why this might be beneficial to you as a practitioner - and of course your clients. You are then provided with a clear 'step by step' guide, intended to dispel all of the mystery of the unfamiliar. Armed with this clear and concise information you can comfortably move away from the court process and quickly find that there is an 'out of court' solution for almost every situation in which you are involved.ABOUT THE AUTHORKarin Walker is the founder of KGW Family Law, a niche family law practice based in Woking. A former Chair of Resolution's national DR Committee (2014-2017), Karin has always been keen to promote out of court dispute resolution. Her aim is to assist clients settle issues on separation through constructive communication.A Family Lawyer, Mediator, Collaborative Practitioner and Arbitrator, Karin is an established figure in the family law world. In addition to her highly successful practice, she also provides training for family lawyers and mediators and has lectured extensively on a variety of topics. She is co-author of the internationally best selling book 'Divorcing a narcissist - the lure, the loss and the law' and also 'Narcissism and Family Law - a Practitioner's Guide'.CONTENTSIntroductionSection One - First ConsiderationsChapter One - Why, What and When? the Impact of the New Divorce LegislationChapter Two - The Expectation of the New ClientChapter Three - Your Pressures as a PractitionerChapter Four - Raising the Issue of Out of Court Dispute Resolution With Your ClientChapter Five - How to Approach the "Other Side"Chapter Six - The Real Purpose of the MIAM and How to Get the Best Out of That AppointmentChapter Seven - The Bespoke Nature of the Out of Court Methods of Dispute ResolutionSection Two - The Out of Court Options and How They Work in PracticeChapter Eight - Mediation and Hybrid MediationChapter Nine - Neutral EvaluationChapter Ten - Collaborative PracticeChapter Eleven - The Private FDRChapter Twelve - ArbitrationChapter Thirteen - The Certainty ProjectAnd Finally...Top Tips for Out of Court Dispute Resolution

'A Practical Guide to Succession to Social Housing Tenancies' by Stephanie Lovegrove examines the law surrounding succession on death to tenancies granted by social housing providers. The area is complex, with the statutory schemes under the Housing Acts 1985 and 1988 and Renting Homes (Wales) Act 2016 operating alongside established principles under Intestacy, Landlord and Tenant and Contract law.This book provides a comprehensive practical guide to navigating issues of and relating to succession faced by social housing providers, their tenants, and those advising them, from ensuring tenancy agreements and policies properly reflect a provider's desired succession entitlement to defending possession proceedings where it is said no entitlement to succeed exists.ABOUT THE AUTHORStephanie Lovegrove is a barrister at 4-5 Gray's Inn Square specialising in Housing, Landlord and Tenant and related Local Government and Property law. She has over 19 years of experience acting for and advising both landlords and tenants in housing-related matters, including succession-related policy development, procedures and possession claims.Stephanie is ranked in both Chambers and Partners and the Legal 500 where she has been described as "demonstrating prowess across all areas of landlord and tenant law", "absolutely excellent: clients and solicitors love her alike", and it said that "her intelligence and her knowledge of housing law will blow anyone away".CONTENTSChapter One - IntroductionChapter Two - What Is Tenancy Succession?Chapter Three - Secure TenanciesChapter Four - Assured TenanciesChapter Five - Limited Security of TenureChapter Six - Secure Tenancies Under Renting Homes (Wales) Act 2016Chapter Seven - Succession and Children Under 18 Years OldChapter Eight - Possession ProceedingsChapter Nine - Conclusion

'Court Duty: A Reference Guide to Defending Tenants in the Possession Lists' by Daniel Bacon will be a comprehensive but easy-reference guide to the defences that may be available to common possession proceedings encountered on Court Duty, with references to legislation, case law and CPR provisions. It will also deal with matters of the court's discretion and addresses other matters that always arise but can sometimes seem remote or opaque - such as the applicability of the fixed costs regime, the exceptional hardship test, and calculating deemed dates of service.Developed from the notes the author uses in his own Court Duty practice, this guide is designed to maximise utility when time is short but thoroughness is still required.Designed for the often-junior solicitors who carry out Court Duty, it is hoped that this guide will be of assistance to all duty advisers, the court itself, and even, perhaps, those acting for the claimants!ABOUT THE AUTHORDaniel Bacon is a solicitor at Duncan Lewis Solicitors in the City of London who specialises in housing law. He regularly acts as Court Duty adviser defending tenants on the possession lists. He also acts for landlords on a private basis. He holds a Master of Laws (LLM) from the University of Law.CONTENTSChapter One - General Discretion of the Court and Possible OrdersChapter Two - Security of TenureChapter Three - Reasonableness of Making a Possession OrderChapter Four - Deemed Date of Service of the NOSPChapter Five - Actual Service of the NOSPChapter Six - Personal Service of the NOSPChapter Seven - Raising a Defence of Set Off Against ArrearsChapter Eight - Gas Safety Records and the Validity of a Section 21 NoticeChapter Nine - The Exceptional Hardship TestChapter Ten - CostsChapter Eleven - Introduction to DefencesChapter Twelve - General Defences- Standing- Conduct of the Litigation and Rights of Audience- Particularisation of the Claim- Court Forms Used- Verification by Statement of Truth- Covid Notice- Service of the Nosp- Limitation- Form and Substance of the Nosp- Notice Period- Lack of Capacity- Equality Act DefencesChapter Thirteen - Section 21 Specific Defences- Service of the NOSP in the First 4 Months of the AST- Expiry of the NOSP and / or Issue of Proceedings Within the Contractual Period- The How to Rent Guide- Gas Safety Record- Energy Performance Certificate- Deposit Protection and Prescribed Information- Improvement Notice From the Local Authority- Licensing Requirements (Selective Licensing for Rental Properties)- Licensing Requirements (Houses in Multiple Occupation)- Prohibited FeesChapter Fourteen - Section 8 (The Rent Arrears Grounds) Specific Defences- Making Out Grounds 8, 10, and 11- Section 48 Notice- Defence of Set-Off by Way of a Counterclaim: Disrepair / Housing Conditions- Begin Here if You Are Short of Time- Defence of Set-Off by Way of a Counterclaim: Deposit Protection / Service of Prescribed Information- Defence of Set-Off by Way of a Counterclaim: Breaches of the Equality Act (Discrimination and Harassment)

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) can have a significant impact on the broader commercial aspects of a corporate transaction, outsourcing or re-tendering process. If it applies, it will usually result in the automatic transfer of employees (and liabilities associated with them) from one employer to another. It provides protection from dismissal and restricts the new employer's ability to change employment terms. It imposes strict requirements to share employee information and a duty to inform and consult with representatives of affected employees.Written in straightforward, user-friendly language, this book demystifies the core legal principles which underpin TUPE and explains how they are applied in practice. It offers clear guidance to employers and their advisers on how best to achieve their business objectives, even where these may be inconsistent with how TUPE works.Dominic explains complex issues such as when TUPE applies to sub-contractor relationships and insolvency scenarios; its impact on pension rights, restrictive covenants and share incentives; and how to manage cross-border transfers or multi-jurisdictional projects. He deals with the emerging UK and European case law on fragmentation (and the extent to which an individual's employment may transfer to two or more new employers).There is also comprehensive guidance on how the potential impact of TUPE applying (or not applying) can be managed effectively. Dominic looks at a wide range of commercial provisions that may be negotiated by the parties to deal with TUPE and employment-related liabilities. He explores how a TUPE scenario might be approached differently by each of the parties involved, whether they are seeking to inherit, transfer out, retain or dismiss employees - or where they are a third-party customer seeking to manage the potential transfer or otherwise of employees from one service provider to another.This is an essential companion for employment law practitioners, in-house lawyers, procurement specialists and HR professionals who want to enhance their understanding of how TUPE operates in the real world.ABOUT THE AUTHORDominic Holmes is a Partner at Mishcon de Reya. He is known for his straightforward, commercial approach to complex employment law issues and has over 17 years' experience in advising employers on the legal and practical implications of TUPE across a range of sectors, both within the UK and in the context of multi-jurisdictional projects. He has supported businesses on TUPE issues in matters as varied as global outsourcing exercises, intra-group transfers of undertakings, the sale of businesses out of insolvency and TUPE-related litigation.CONTENTS1. TUPE: Introduction and OverviewPart A: Does TUPE Apply?2. Transfer of an Economic Entity3. Service Provision Changes4. Public Sector Transfers5. Sub-ContractorsPart B: Basic Protections6. Automatic Transfer of Employees7. Automatic Transfer of Rights and Liabilities8. Terminating Employment9. Changing Terms of EmploymentPart C: Tricky Issues10. Fragmentation11. Trade Unions and Collective Agreements12. Pensions13. Insolvency14. Bonuses, Incentives and Benefits15. Restrictive CovenantsPart D: TUPE Processes16. Employee Liability Information17. Information and Consultation ObligationsPart E: TUPE in Practice18. Negotiating Commercial Agreements19. International Transfers20. Managing a TUPE Project21. Outsourcing: Commercial ChecklistsPostscript: TUPE Post-Brexit: What Next?

This book is designed to provide trainee solicitors, general practitioners and solicitors who don't normally deal with estates a guide to dealing with the practical and effective administration of estates in England & Wales. It covers the main issues that the practitioner/Executor is likely to come up against when dealing with an estate. It also aims to highlight opportunities to add value to the Executors and beneficiaries and create further business opportunities for the practice.ABOUT THE AUTHORStephanie Christie-Carmichael is a consultant private client solicitor with over 17 years' experience in dealing exclusively with Wills, trusts, succession & Inheritance Tax planning for high net-worth individuals and estate administration across mainland UK.Stephanie was born and raised in Glasgow, Scotland. Stephanie studied Business Law and graduated with a BA Hons from the University of Strathclyde before returning to complete her LLB and Post Graduate Diploma in Legal Practice.Stephanie started her career in private practice before moving in house to global accountancy firm, Mazars. From there, she became Managing Director with EBS Trustees Limited, one of Scotland's oldest Will writing & private trust companies, before returning to private practice in 2020 as a Consultant Solicitor.As well as being a current member of the Law Society of Scotland, Stephanie is also a Notary Public and a full member of STEP (The Society of Trusts and Estates Practitioners), an internationally recognised association for private client professionals. Stephanie has also attained STEP diplomas in both Scottish and English Wills, Trusts and Estates as well as STEP's English Advanced Certificate in Will Writing which was obtained with distinction.Stephanie's first book "How to Settle an Estate in Scotland - a Practical Guide" was published in 2021 and is available from Law Brief Publishing, Amazon and all good book shops.A well-known face in the West of Scotland business community, Stephanie is also a regular contributor to Quality Radio's "Legal Matters" program.CONTENTSChapter One - Preliminary MattersChapter Two - Intestate EstatesChapter Three - Testate EstatesChapter Four - Commorientes RuleChapter Five - Commencing the Administration of the EstateChapter Six - Protecting the ExecutorsChapter Seven - Initial InvestigationsChapter Eight - Assets Written in TrustChapter Nine - Types of GrantChapter Ten - Settled LandChapter Eleven - Applying for the GrantChapter Twelve - Stopping a GrantChapter Thirteen - Knowing When a Grant Has Been MadeChapter Fourteen - Problem ExecutorsChapter Fifteen - Ingathering AssetsChapter Sixteen - Payment of Debts & Expenses, Distribution & DischargeChapter Seventeen - Varying the Terms of an EstateChapter Eighteen - Inheritance TaxChapter Nineteen - Income TaxChapter Twenty - Capital Gains TaxChapter Twenty-One - Contesting EstatesChapter Twenty-Two - Business Development OpportunitiesChapter Twenty-Three - Useful Addresses and Contact DetailsChapter Twenty-Four - Further Reading

This is a practical guide to the "Right to Roam in Scotland", further to Anstalt v Loch Lomond and The Trossachs National Park Authority [2018] CSIH - 22.The book concentrates on part 1 of the Land Reform (Scotland) Act 2003. It offers helpful guidance on matters such as Occupiers Liability and contains detailed guidance on how to litigate matters arising; primarily section 14 notices.ABOUT THE AUTHORGreg Sanders, Advocate, has been involved in numerous property cases since calling to the Scottish Bar in 2001. These have included Right to Roam cases acting for Landowners and Ramblers. Greg's property practice has included being instructed as a skilled witness for the High Court in England (relating to Scottish servitude rights (easements).CONTENTSChapter One - IntroductionChapter Two - Definitions and TerminologyChapter Three - Access RightsChapter Four - Enforcement of Access RightsChapter Five - Scottish Outdoor Access CodeChapter Six - Core Paths and PathsChapter Seven - Rangers and Local Access ForumsChapter Eight - Case LawChapter Nine - AnimalsChapter Ten - Occupiers' LiabilityChapter Eleven - Dispute ResolutionChapter Twelve - Court-Summary ApplicationChapter Thirteen - ConclusionAppendix One - Summary Application and Answers

Drawing on over a decade of experience advising on civic licensing in Scotland, and specifically advising clients over the last two years in relation to the new short-term lets licensing scheme, this practical guide looks at the historical context leading to the new licensing scheme, what it means to have a short-term let licence, how to apply for a licence, the interaction between planning law and licensing law, what the regulatory implications of holding a licence are, and what alternative options there might be if you only want to licence a short-term let for a brief (temporary) period of time.This practical guide brings together in one place the relevant provisions of the Civic Government (Scotland) Act 1982, Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, non-statutory guidance, and other relevant information so as to be a helpful aide for operators, applicants, practitioners and licensing officers alike. It provides a timeline as to how the Scottish Government reached the stage of requiring short-term lets to be licensed, while also drawing on examples to consider complex issues Kevin has already seen arise as operators and hosts grapple with the new statutory regime.ABOUT THE AUTHORKevin Clancy is a partner and solicitor-advocate at Shepherd and Wedderburn. For over a decade, he has advised and represented clients at Licensing Boards and Licensing Committees throughout Scotland.A trusted adviser to his clients, Kevin has experience of dealing with routine and contentious hearings in relation to liquor licences, taxi and private hire licences, public entertainment licences, houses in multiple occupation licences, and late hours catering licences.For the past two years Kevin has been advising clients regarding the consultation, legislation, and implementation stages of the new Short-term Lets Licensing Scheme.CONTENTSChapter One - Historical ContextChapter Two - Short-Term Lets: Basic PrinciplesChapter Three - Rules of the Game for Making an ApplicationChapter Four - The Interaction Between Planning Law and Licensing LawChapter Five - The Mandatory Conditions (And Additional Conditions)Chapter Six - Can I Let Out Short-Term Properties on a Temporary Basis?Chapter Seven - The Application ProcessChapter Eight - ComplianceChapter Nine - Looking to the Future

This book is a practical guide for any lawyer navigating contracts on the blockchain. It covers a wide range of contractual issues in the context of smart contracts, from formation, to breach, to termination. It includes contract drafting tips to reduce interpretation issues, insights on resolving disputes and enforcing remedies, as well as an overview of the key caselaw.ABOUT THE AUTHORLizzie Williams is a solicitor advocate at Harbottle & Lewis with extensive experience of litigation and arbitration from the pre-action stage to trial, including urgent injunctions, appeals, group litigation, mediation and settlement negotiations. Lizzie has a particular interest in disputes relating to innovative technologies and digital transformation, including disputes involving traditional IT contracts (e.g. software development, outsourcing, licensing), disputes involving blockchain technology (e.g. NFTs, crypto fraud) and contractual disputes for technology businesses.CONTENTSChapter One - IntroductionChapter Two - What Is a Smart Contract?Chapter Three - What Is a Smart Legal Contract?Chapter Four - FormationChapter Five - MistakeChapter Six - MisrepresentationChapter Seven - TermsChapter Eight - Discharge & RemediesChapter Nine - Dispute ResolutionChapter Ten - Overarching Considerations

'A Practical Guide to International Crimes in Proceedings Before the Courts of England and Wales' will examine how international criminal law and international crimes have been, are, and can be litigated in domestic proceedings. It will examine the applicable law and practice in relation to the prosecution of international crimes before the Crown Court in England and Wales and the developing case law in this area from the UK Supreme Court and Court of Appeal.The book will set out the jurisdiction to try international crimes in our domestic courts, focussing on war crimes, crimes against humanity, genocide and torture. It will address the substantive law that applies in relation to these crimes, bringing together and summarising the relevant domestic and international legislation, including the International Criminal Court Act 2001, which must be read in conjunction with materials from the International Criminal Court. It will set out the elements of these international crimes, including the contextual elements, i.e. the elements that make murder as a crime against humanity a crime against humanity, rather than an ordinary domestic homicide. The book will refer to domestic and international case law, including the decision of the United Kingdom Supreme Court in relation to the interpretation of torture as an international crime under the United Nations Convention against Torture (R v TRA [2019] UKSC), case law from the Court of Appeal of England and Wales, and cases before the Central Criminal Court under section 134 of the Criminal Justice Act 1988 and the War Crimes Act 1991.The book will provide useful practical guidance for a range of practitioners in private practice, in Government, in United Kingdom and international NGOs, as well as judges and legal advisers in domestic and international courts and mechanisms. The book will be of benefit both to those prosecuting and defending in this evolving area of law. It will address various discrete topics which have resonance pre-trial and during the trial, including how cases can be referred to the relevant UK prosecuting authorities and disclosure. The book will also be of assistance to extradition and immigration practitioners in cases where international crimes arise, such as requests for extradition in relation to international crimes and immigration cases concerning Article 1F(a) of the Refugee Convention.ABOUT THE AUTHORKathryn Howarth is a barrister at Temple Garden Chambers. She practices in international law, including international criminal law, public law, including public inquiries and extradition. Over the last two decades her work in the field of international criminal law has taken her to The Hague, as well as countries including Sierra Leone, Tanzania and Bosnia-Herzegovina. Her expertise in international criminal law and extradition is consistently recognised in the Legal 500.CONTENTSChapter One - Jurisdiction to Try International CrimesChapter Two - TortureChapter Three - War Crimes Under the ICCAChapter Four - Crimes Against Humanity Under the ICCAChapter Five - Genocide Under the ICCAChapter Six - Investigation, Referral and Pre-TrialChapter Seven - DisclosureChapter Eight - The Trial

Cyber fraud is a well-established and significant concern for business and individuals. The problem has developed exponentially, in terms of scale, coverage and value, in recent years. In part, this has been the result of recent events, such as the Covid-19 pandemic making remote working the norm and the widespread use of cryptocurrencies, providing increased opportunity for fraud. In addition to the obvious financial consequences, incidents of cyber fraud cause reputational harm and embarrassment to the victims, as well as engaging regulatory obligations for some persons.However, well-established principles of law and procedure can be adapted to meet the new challenges posed by cyber fraud. The Court has shown willingness to develop its jurisdiction to give the victims of cyber fraud the tools needed to trace, identify, seize and recover the proceeds of frauds perpetrated against them.This book is a practical handbook to assist the reader in navigating the peculiarities of claims in respect of cyber fraud. It acts as a guide on the procedure and substantive law relating to this burgeoning practice area, assisting the practitioner who is dealing with cyber fraud litigation - often under strict time pressures. Significant updates since the previous edition include dealing with crypto-assets in their own chapter, analysing recent trends in banks' liability for cyber fraud, and considering in greater depth the use of disclosure orders to identify anonymous cyber fraudsters and the proceeds of their wrongdoing.ABOUT THE AUTHORMatthew McGhee is a barrister at Twenty Essex with a broad commercial practice and a significant focus on civil fraud claims. He has been at the forefront of cyber fraud litigation, having acted for victims of cyber fraud and having both brought and defended fraud claims levelled against financial institutions. Matthew also has practical experience in cryptocurrency litigation.Notable instructions have included CMOC v Persons Unknown [2018] EWHC 2230 (Comm) (a claim to trace and recover money stolen by cyber fraudsters, and the first-known occasion that a worldwide freezing injunction has been granted against 'persons unknown') and IFT v Barclays [2020] EWHC 3125 (Comm) (concerning a claim against the bank which received the proceeds of fraud, raising issues of when banks may be held liable for their customers' frauds).Matthew is regularly invited to speak at national and international industry conferences and events about cyber law and litigation.CONTENTSIntroductionChapter One - Commencing Proceedings Against Anonymous FraudstersChapter Two - Fraudulent Payments: Recovery From WrongdoersChapter Three - Fraudulent Payments: Recovery From 'Innocent' PartiesChapter Four - ExtortionChapter Five - Other Wrongful AcquisitionsChapter Six - Crypto-AssetsChapter Seven - Procedural GuidanceChapter Eight - Coda on Future Developments

In recent years, it has become increasingly common for consumers to travel abroad for cosmetic surgical and dental procedures. Consumers may be enticed to go abroad from seeing surgical packages advertised on social media, such as TikTok or Instagram, which may be cheaper than private treatment costs in the United Kingdom and may entail a stay at a luxury hotel. Unfortunately, things can and do go wrong. When consumers suffer with complications arising from their procedures or an outcome that they are dissatisfied with, it may be the case that there has been causative negligence by the foreign surgeon and/or clinic such that proceedings are contemplated.However, cross-border clinical negligence claims can be challenging to handle and bring with them a number of issues. Unlike a standard clinical negligence claim, practitioners often face additional complexities, such as whether England and Wales is the appropriate forum to hear the claim, as well as questions as to what the applicable law of the claim is.This book provides practical guidance to practitioners handling cross-border clinical negligence claims, covering issues including jurisdiction and applicable law, deaths abroad and inquests, applicable standards, expert evidence, and different types of claim.ABOUT THE AUTHORDominique Smith is a barrister at Deka Chambers, specialising in travel law, inquests, clinical negligence, and personal injury. She has a busy court practice, with a particular interest in cross-border clinical negligence disputes and complex personal injury claims. Dominique is known for her expertise in respect of jurisdictional issues and package travel contracts. She often acts in multi-injury claims in the County Court and High Court, for both claimants and defendants.Dominique has been recognised as a 'rising star' in travel law for several years in the Legal 500 and is also ranked in Chambers and Partners. She is a co-author of the leading travel textbook, Saggerson on Travel Law and Litigation, published in 2022, with this book being her second publication.CONTENTSChapter One - IntroductionChapter Two - Deaths Abroad and InquestsChapter Three - Package Travel Clinical Negligence ClaimsChapter Four - Non-Package Contract Clinical Negligence ClaimsChapter Five - JurisdictionChapter Six - Applicable LawChapter Seven - Applicable StandardsChapter Eight - Expert EvidenceChapter Nine - Contribution ClaimsChapter Ten - Quantum

The Public Sector Equality Duty has generated an enormous amount of litigation in recent years. Even the reported decisions themselves regularly complain about the sheer volume of authorities that have been cited by the parties in each case. This book draws together the threads of the case law and explains the key principles of the PSED as it arises in the context of housing law.The book provides essential practical guidance for lawyers involved in social housing possession claims, homelessness appeals, and allocations and policy challenges. As well as explaining the principles of law, book looks at the important issues of evidence-gathering and litigation strategy in the unusual context of an 'ongoing' process duty.ABOUT THE AUTHORNick Bano is a barrister at Garden Court Chambers, who has been involved in bringing many of the significant PSED challenges in the field of housing law. He appeared in the key case of Forward v Aldwyck, as well as more recent and housing-specific matters such as TM v Metropolitan, London & Quadrant v Patrick and Adesotu v Lewisham.CONTENTSChapter One - Preliminary Points1.1 - The current duty in context1.2 - The duty1.3 - The protected characteristics1.4 - Process duty1.5 - Not a cause of action1.6 - A context-specific duty1.7 - Importance of the dutyChapter Two - Possession Proceedings2.1 - A viable defence2.2 - When to comply2.3 - Triggering compliance2.4 - Evidence2.5 - Aspects of compliance2.6 - Defending the claim2.7 - Pre-trial practicalities2.8 - Questioning the decision-maker2.9 - Consequences of a breach2.10 - The enforcement stage2.11 - Where next?Chapter Three - Homelessness3.1 - A viable ground of appeal3.2 - Triggering compliance3.3 - Inquiries3.4 - Aspects of compliance3.5 - Materiality3.6 - Representations3.7 - Evidence3.8 - Where next?Chapter Four - Allocations & Housing Judicial Reviews4.1 - Context: A troubling legacy4.2 - When to comply4.3 - Triggering compliance4.4 - Evidence4.5 - Aspects of compliance4.6 - Consequences of a breach