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A Practical Guide to the Insurance Act 2015 (Practical Insurance Guides)
by David Kendall Harry WrightThe Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured’s pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.
A Practical Guide to the Insurance Act 2015 (Practical Insurance Guides)
by David Kendall Harry WrightThe Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured’s pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.
Practical Guide to Successful Intellectual Property Valuation and Transactions
Identifying the optimal price for a transaction involving an intellectual property (IP) asset necessarily involves a thorough, well-reasoned, and well-supported IP valuation analysis. This matchless book draws on decades of experience from the world’s most renowned IP valuation experts, patent office chief economists, finance and accounting professors, and top-tier legal professionals to provide clear guidance and immediately actionable knowledge on how to value IP assets in a multitude of scenarios. <span style="mso-fareast-font-family:"Times New Roman"; color:black">The contributors explore all major facets of IP valuation, ranging from the basics of value to technical economic methods in an approachable manner. The book examines the valuation of brands, copyright, trade secrets, patents, and other forms of IP from a multidisciplinary viewpoint with worked examples, draft contract language, case law analysis, and up-to-date theoretical considerations. Issues and topics considered in depth include the following: <p style="margin-left:0in;mso-line-height-alt:10.0pt; background:white" class="MsoListParagraph"> fair, reasonable, and non-discriminatory terms; determining reasonable royalty rates; standard essential patents; profit apportionment; discount rates; <span style="mso-fareast-font-family: "Times New Roman";mso-bidi-font-family:Calibri;color:black">role of the IP asset manager and multi-functional teams; <span style="mso-fareast-font-family:"Times New Roman";mso-bidi-font-family:Calibri; color:black">IP management in collaborative research and development; financial methods and economic considerations; and operationalization of IP valuation in practice. <p style="margin-left:0in;mso-line-height-alt:10.0pt; background:white" class="MsoListParagraph"> The handbook is the result of five years of dedication and hard work by the advisors and a growing network of researchers, supporters, and end-users involved in the Asia-Pacific Research and Training Network on Trade. <span style="font-size:12.0pt;font-family:"Times New Roman",serif; mso-fareast-font-family:"Times New Roman";color:black;mso-ansi-language:EN-GB; mso-fareast-language:AR-SA;mso-bidi-language:AR-SA">As IP becomes ever more indispensable in so many activities and industries that cross national borders, the need to overcome the lack of shared understanding of how to approach the valuation of IP becomes more urgent. This book will facilitate consistent approaches to the valuation of IP as an indispensable component of trade, investment, and sustainable economic development. It will provide IP asset managers and transactional attorneys, both seasoned experts and newcomers, with up-to-date methods on how to value IP assets and apply them in practice.
A Practical Guide to Successful Construction Projects (Practical Construction Guides)
by Arent van WassenaerWritten by experienced and innovative projects lawyer Arent van Wassenaer, this book explains what the critical success factors are for construction projects to be completed on time, within everyone’s budget, to the right quality, with all stakeholders satisfied and without disputes. In so doing, van Wassenaer discusses how such projects could be structured, tendered for, executed and completed, and what legal and non-legal mechanisms are available to achieve success in construction projects. Using examples of real projects, A Practical Guide to Successful Construction Projects provides tools for those in leading and managerial positions within the construction industry to change – where necessary – their usual operational methods into methods which are aimed at achieving project success.
A Practical Guide to Successful Construction Projects (Practical Construction Guides)
by Arent van WassenaerWritten by experienced and innovative projects lawyer Arent van Wassenaer, this book explains what the critical success factors are for construction projects to be completed on time, within everyone’s budget, to the right quality, with all stakeholders satisfied and without disputes. In so doing, van Wassenaer discusses how such projects could be structured, tendered for, executed and completed, and what legal and non-legal mechanisms are available to achieve success in construction projects. Using examples of real projects, A Practical Guide to Successful Construction Projects provides tools for those in leading and managerial positions within the construction industry to change – where necessary – their usual operational methods into methods which are aimed at achieving project success.
Practical Guide to Search and Seizure under Income Tax Act, 3e
by Gagan KumarAbout the book It serves as a ready reckoner explaining complex provisions of Search and Seizure in a lucid manner. It gives pointed answers to common questions. Answers are supported with relevant case laws. Offers practical solutions to complex situations. Step by step guide to deal with search and surveys.Key Features It serves as a ready reckoner explaining complex provisions of Search and Seizure in a lucid manner. It gives pointed answers to common questions. Answers are supported with relevant case laws. Offers practical solutions to complex situations. Step by step guide to deal with search and surveys.About the authorGagan Kumar is a commerce graduate from Delhi University, a member of the Bar Council of Delhi and a fellow member of the Institute of Chartered Accountants of India. Before setting up "Krishnomics Legal" Gagan was Principal Associate with one of the leading law firms of India and also worked with large accounting firms. With extensive experience in litigation and advisory aspects on tax practice, he has successfully represented various matters before the Supreme Court, High Court, Income tax and central excise and service tax tribunals and district courts.Gagan has advised several domestic and international companies on tax issues relating to corporate tax, transfer pricing, mergers and restructuring, tax prosecution, GST, custom, service tax etc. he has also advised on structuring options to various private equity funds.
A Practical Guide to Public Procurement
by Abby SempleHow can public contracts be used effectively to achieve the broader aims of government? Increasingly, emphasis is placed on strategic aspects of public procurement such as value for money, competition, environmental sustainability and social value. The 2014 EU procurement directives offer a new framework in which to pursue these objectives, significantly expanding upon the possibilities under earlier directives. They also represent an evolution in the scope of coverage of the rules, with concessions and certain forms of public-public cooperation being explicitly regulated for the first time, and social and other specific services now subject to a lighter regime. This book offers both an accessible introduction to the new directives and a critical assessment of their impact. Drawing upon a detailed understanding of the motivations for the reform process and the relevant case law of the Court of Justice, it is a valuable reference for public sector practitioners, lawyers and others with an interest in what the rules mean in practice. Each chapter includes analysis of the EU law applicable to different procurement activities-from pre-procurement and advertising to tender evaluation, contract management, and modifications to contracts. Detailed consideration is given to the procedures available under the 2014 directives and how these can be used to achieve desired outcomes. Relevant cases from the Court of Justice, UK, and Irish courts are discussed throughout the text. Particular attention is given to the potential to further green, social, and economic development policies through procurement. The final chapter analyses the remedies regime as applied in the UK and Ireland, drawing lessons regarding clarification of tenders, evaluation methods, and notification letters. The book contains practical examples and diagrams illustrating key points discussed in the text.
A Practical Guide to Public Procurement
by Abby SempleHow can public contracts be used effectively to achieve the broader aims of government? Increasingly, emphasis is placed on strategic aspects of public procurement such as value for money, competition, environmental sustainability and social value. The 2014 EU procurement directives offer a new framework in which to pursue these objectives, significantly expanding upon the possibilities under earlier directives. They also represent an evolution in the scope of coverage of the rules, with concessions and certain forms of public-public cooperation being explicitly regulated for the first time, and social and other specific services now subject to a lighter regime. This book offers both an accessible introduction to the new directives and a critical assessment of their impact. Drawing upon a detailed understanding of the motivations for the reform process and the relevant case law of the Court of Justice, it is a valuable reference for public sector practitioners, lawyers and others with an interest in what the rules mean in practice. Each chapter includes analysis of the EU law applicable to different procurement activities-from pre-procurement and advertising to tender evaluation, contract management, and modifications to contracts. Detailed consideration is given to the procedures available under the 2014 directives and how these can be used to achieve desired outcomes. Relevant cases from the Court of Justice, UK, and Irish courts are discussed throughout the text. Particular attention is given to the potential to further green, social, and economic development policies through procurement. The final chapter analyses the remedies regime as applied in the UK and Ireland, drawing lessons regarding clarification of tenders, evaluation methods, and notification letters. The book contains practical examples and diagrams illustrating key points discussed in the text.
The Practical Guide to Public Inquiries
by Isabelle Mitchell Peter Watkin Jones Sarah Jones Emma IretonThis practical guide provides legal practitioners, participants, witnesses and all those with an interest in public inquiries, with stage-by-stage 'hands on' guidance on the process of public inquiries into matters of public concern. With its user-friendly format of summaries, checklists, 'top tips' and flow charts, this book looks at the setting up of a public inquiry through to its close. It includes information on:- the appointment of the chair and inquiry team;- the choice and significance of the venue;- the drawing up of inquiry procedures, protocols and rulings;- the appointment and role of core participants;- evidence taking;- conducting and attending hearings;- the role of experts;- the writing and publication of the inquiry report.Drawing on the authors' extensive experience as public inquiry lawyers, working on inquiries such as the Bloody Sunday Inquiry, Mid Staffordshire NHS Foundation Trust Inquiry, Leveson Inquiry and Grenfell Tower Inquiry, together with contributions from a number of other eminent practitioners in the field, this book provides valuable, comprehensive guidance on the public inquiry process.
The Practical Guide to Public Inquiries
by Isabelle Mitchell Peter Watkin Jones Sarah Jones Emma IretonThis practical guide provides legal practitioners, participants, witnesses and all those with an interest in public inquiries, with stage-by-stage 'hands on' guidance on the process of public inquiries into matters of public concern. With its user-friendly format of summaries, checklists, 'top tips' and flow charts, this book looks at the setting up of a public inquiry through to its close. It includes information on:- the appointment of the chair and inquiry team;- the choice and significance of the venue;- the drawing up of inquiry procedures, protocols and rulings;- the appointment and role of core participants;- evidence taking;- conducting and attending hearings;- the role of experts;- the writing and publication of the inquiry report.Drawing on the authors' extensive experience as public inquiry lawyers, working on inquiries such as the Bloody Sunday Inquiry, Mid Staffordshire NHS Foundation Trust Inquiry, Leveson Inquiry and Grenfell Tower Inquiry, together with contributions from a number of other eminent practitioners in the field, this book provides valuable, comprehensive guidance on the public inquiry process.
The Practical Guide to Mooting
by Jeffrey HillA must-read for students involved in mooting, this new edition of Jeffrey Hill's textbook has been fully updated and revised, and provides students with clear and compelling advice on every aspect of mooting. The book covers: - key aspects of the legal system;- the way in which moots are assessed;- what the judges are looking for;- how to structure a legal argument; and - how to prepare a skeleton argument and bundles. The text is accompanied by videos of Supreme Court hearings so that students can learn from, and emulate, the advocacy skills of some of the most eminent advocates and lawyers.
The Practical Guide to Mooting
by Jeffrey HillA must-read for students involved in mooting, this new edition of Jeffrey Hill's textbook has been fully updated and revised, and provides students with clear and compelling advice on every aspect of mooting. The book covers: - key aspects of the legal system;- the way in which moots are assessed;- what the judges are looking for;- how to structure a legal argument; and - how to prepare a skeleton argument and bundles. The text is accompanied by videos of Supreme Court hearings so that students can learn from, and emulate, the advocacy skills of some of the most eminent advocates and lawyers.
A Practical Guide to Medicine and the Law
by J. P. JacksonLegal action involving doctors, either as defendants or expert witnesses, has greatly increased over the past decade and few can now remain aloof from this aspect of their profession. Written by doctors (including five Council Members of the Medical Defence Union of Great Britain) and lawyers, this practical guide offers clear and comprehensive advice to all concerned. Part I discusses how to write medical reports, especially when consent is required or confidential information is involved. Part II covers contentious issues in various clinical specialties which repeatedly arise in litigation; well-known examples are cases involving whiplash injuries or perinatal brain damage. In Part III lawyers discuss the medico-legal problems of the solicitor's role, court testimony and medical negligence. This book is a valuable reference to all members of the medical profession. Lawyers, officials and others outside the medical profession who come into contact with medical litigation but have limited medical knowledge will find much helpful information.
A Practical Guide to Medical Negligence Litigation
by Michael BoylanA Practical Guide to Medical Negligence Litigation covers the lifetime of a High Court medical negligence action from first contact with a client through to plenary hearing, settlement and mediation including inquests.This practical guide to procedural steps that must be taken cites all relevant case law and statutes including the Rules of the Superior Courts, the Civil Liability and Courts Acts 2004, the various statutory instruments and Coroners Act.
Practical Guide to Litigation
by Jonathan Leslie John KingstonAgainst the background of Lord Woolf's interim report "Access to Justice", this text includes accounts of tactical matters and practical litigation "tips", as well as descriptions of the procedures involved. Litigation is often conducted by companies who do not have much practical experience of the processes that might be expected of them. The same applies to others who become involved in litigation without actually having to conduct the procudure as lawyers. This book is intended to give a brief, clear and comprehensive overview of litigation, arbitration and ADR in England. Intended as a comprehensive overview of litigation, arbitration and ADR in England, this guide is aimed at clients and firms who are involved in, or assist cases, who would like to understand the process better in a non-technical way but do not want to see every statement supported by authority.
Practical Guide to Litigation
by Jonathan Leslie John KingstonAgainst the background of Lord Woolf's interim report "Access to Justice", this text includes accounts of tactical matters and practical litigation "tips", as well as descriptions of the procedures involved. Litigation is often conducted by companies who do not have much practical experience of the processes that might be expected of them. The same applies to others who become involved in litigation without actually having to conduct the procudure as lawyers. This book is intended to give a brief, clear and comprehensive overview of litigation, arbitration and ADR in England. Intended as a comprehensive overview of litigation, arbitration and ADR in England, this guide is aimed at clients and firms who are involved in, or assist cases, who would like to understand the process better in a non-technical way but do not want to see every statement supported by authority.
A Practical Guide to Lawyering Skills
by Fiona Boyle Deveral CappsLegal skills are an important and increasing part of undergraduate law degrees as well as postgraduate vocational law courses. This fully updated fourth edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their experience of teaching and of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: • written communication; • mediation; • opinion writing; • drafting; • advocacy; • interviewing; • negotiation; • legal research. The text also considers the professional and ethical context of legal practice, provides an insight into the legal services landscape as well as offering valuable careers advice. Diagrams and flow charts help to explain and develop each skill and each chapter ends with suggestions for further reading. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.
A Practical Guide to Lawyering Skills
by Fiona Boyle Deveral CappsLegal skills are an important and increasing part of undergraduate law degrees as well as postgraduate vocational law courses. This fully updated fourth edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their experience of teaching and of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: • written communication; • mediation; • opinion writing; • drafting; • advocacy; • interviewing; • negotiation; • legal research. The text also considers the professional and ethical context of legal practice, provides an insight into the legal services landscape as well as offering valuable careers advice. Diagrams and flow charts help to explain and develop each skill and each chapter ends with suggestions for further reading. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.
A Practical Guide to Lawyering Skills
by Fiona Boyle Deveral Capps Philip Plowden Clare SandfordLawyering skills are increasingly part of undergraduate law degrees as well essential elements in the postgraduate vocational law courses, the LPC and the BVC. This fully updated third edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their vast experience of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: written communication mediation information technology opinion writing drafting advocacy interviewing negotiation legal research. Each chapter uses diagrams, boxes, lists and flow charts to further explain and develop each skill and ends with a further reading section. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.
A Practical Guide to Lawyering Skills
by Fiona Boyle Deveral Capps Philip Plowden Clare SandfordLawyering skills are increasingly part of undergraduate law degrees as well essential elements in the postgraduate vocational law courses, the LPC and the BVC. This fully updated third edition continues to bring together the theory and practice of these skills in an accessible and practical context. The authors draw on their vast experience of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include: written communication mediation information technology opinion writing drafting advocacy interviewing negotiation legal research. Each chapter uses diagrams, boxes, lists and flow charts to further explain and develop each skill and ends with a further reading section. A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.
A Practical Guide to IT Law
by Stuart Smith Stewart James Andrew Katz Jennifer Pierce Nikki Cordell Sam De Silva Sara Ellacott Victoria Hordern Andy LucasThis comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the relevant legal frameworks and gives examples from actual cases. New material in this edition include chapters on GDPR, cyber security, cloud computing contracts and Agile.
A Practical Guide to IT Law
by Stuart Smith Stewart James Andrew Katz Jennifer Pierce Nikki Cordell Sam De Silva Sara Ellacott Victoria Hordern Andy LucasThis comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the relevant legal frameworks and gives examples from actual cases. New material in this edition include chapters on GDPR, cyber security, cloud computing contracts and Agile.
A Practical Guide to INTERPOL and Red Notices (Criminal Practice Series)
by Christopher David Nicholas HearnRed Notices are issued by INTERPOL in response to a request by a national police force to locate a wanted person and have them arrested for the purposes of extradition to the requesting state. There is no single practitioner guide to this important process and, in fact, it is an area of law that is extremely difficult to get clarity on. A Practical Guide to INTERPOL and Red Notices puts context around red notices, including the history and structure of INTERPOL, as well as providing the legal basis for finding out where a red notice exists and, if so, how it might be challenged. It also explains how extradition engages with INTERPOL and red notices, with mention of EAWs (European Arrest Warrants). Practical guidance will be way of case studies and tactics/tips based on the authors' own experiences. The book also includes a comprehensive set of Appendices of all relevant INTERPOL Resolutions, Statues and Operating Rules, as at present there is no single source for these other than being spread around INTERPOL's website.
A Practical Guide to International Arbitration in London (Dispute Resolution Guides)
by Hilary HeilbronWith the development of international arbitration globally and London as a leading arbitration centre, the need for knowledge of the subject extends to a wider legal audience. A Practical Guide to International Arbitration in London takes a pragmatic look at how to run an international arbitration with a London seat. It explores on a stage-by-stage basis the tactical, procedural and legal issues that need to be considered in an international arbitration in London from the perspective of the arbitral process, including its relationship with the support given by the English courts. The book also examines the role of the English courts in assisting foreign arbitrations.
A Practical Guide to International Arbitration in London (Dispute Resolution Guides)
by Hilary HeilbronWith the development of international arbitration globally and London as a leading arbitration centre, the need for knowledge of the subject extends to a wider legal audience. A Practical Guide to International Arbitration in London takes a pragmatic look at how to run an international arbitration with a London seat. It explores on a stage-by-stage basis the tactical, procedural and legal issues that need to be considered in an international arbitration in London from the perspective of the arbitral process, including its relationship with the support given by the English courts. The book also examines the role of the English courts in assisting foreign arbitrations.