aCADEMIC NEWS SUMMER 2009
in this issue • Professor Alastair Hudson examines the law of finance • The Society of Legal Scholars celebrate their centenary • Professor Rebecca M.M. Wallace discusses the diverse area that is international law • Professor Roger Kerridge explains why succession is such an important subject • We detail how the publishing process works • Plus, we showcase our 2009 textbooks for students SWEET & MAXWELL’S CLASSIC SERIES Providing students with the detailed and extensive coverage needed to achieve top marks
TITLES INCLUDE: • Gower and Davies: The Principles of Modern Company Law • Schmitthoff’s Export Trade: The Law and Practice of International Trade • Treitel on the Law of Contract • Smith, Bailey & Gunn on the Modern English Legal System • Hanbury & Martin: Modern Equity • Wyatt & Dashwood’s European Union Law • Dennis: The Law of Evidence • Cretney’s Principles of Family Law • Cornish & Llewelyn Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights • Morris: The Conflict of Laws • Lloyd’s Introduction to Jurisprudence • Winfield & Jolowicz on Tort • Craig: Administrative law • Hudson: The Law of Finance • Megarry & Wade: The Law of Real Property
Request your inspection copies today
VISIT www.sweetandmaxwell.co.uk/academic EMAIL [email protected] CALL The Inspection Copy Hotline +44 (0) 20 7393 7293 Complete and post back the inspection copy request form ACADEMIC NEWS summer 2009 aCADEMIC NEWS
Welcome to the Summer 2009 issue of Academic News from Sweet & Maxwell – bringing you news from the legal world, by way of informative articles. In this issue: We look at how the law of finance is the bedrock of financial practice and why you should review the latest new work on the subject by Alastair Hudson. This year, the Society of Legal Scholars is celebrating one hundred years of legal scholarship. Find out who they are, what they do, and why you should join them. Rebecca M.M. Wallace discusses the diverse area that is international law, while Roger Kerridge argues why succession is such an important subject. We detail how the publishing process works and importantly, we detail the many new textbooks publishing for the 2009-2010 academic year – all of which are available on inspection. I hope you find this issue ofA cademic News informative and interesting. If you have any comments or suggestions, you can contact me at the address below. Enjoy reading!
Samantha Siddle, Editor, Academic News, Sweet & Maxwell 100 Avenue Road, London NW3 3PF OUT 1ST EDITION NOW contents The law of finance: the bedrock of financial practice by ProfessorA lastair Hudson....4-5 OUT The Society of Legal Scholars: celebrating one hundred years of legal scholarship13TH...... EDITION6 NOW International law: a diverse and ever changing area of law by Professor Rebecca M.M. Wallace...... 8-9 Key 2009 academic titles...... NEW10-13 2ND OUT The importance of succession by Professor Roger Kerridge...... EDITION14-15 NOW Why publish with Sweet & Maxwell...... 16 The WIPO journal: call for papers...... NEW 2ND17 Key services from Sweet & Maxwell...... EDITION18
ESSENTIAL FOR LAW STUDENTS OUT 5TH EDITION NOW OSBORN’S CONCISE LAW DICTIONARY 1ST EDITION OUT Edited by Mick Woodley NOW • For over 80 years Osborn’s has been the essential concise dictionary of legal terms for students NEW 11TH OUT NOW • Offers comprehensive coverage including an extensive listing of journals, law EDITION reports and their abbreviations • Contains over 4,700 references from the obscure to the everyday • Provides speedy access to a mass of technical terms and phrases in both English
and European law ISBN: 978-1-847-03308-6 • Takes all entries beyond definitions and basic context with extensive legal referencing to provide a solid basis for further research PRICE: £11.95 PUBLISHING: MARCH 2009
Available for students to buy from www.amazon.co.uk, www.hammickslegal.com and all good bookshops ACADEMIC NEWS summer 2009
The law of finance: the bedrock of financial practice
Sweet & Maxwell’s Classic Series has long been renowned for providing students with the detailed and extensive coverage needed to achieve top marks. With 100 supporting podcasts and essays, The Law of Finance by Alastair Hudson provides everything students need to excel in the subject. In the following article, Alastair explains why you should consider adding it to your reading list.
The role of the law of finance law principles with the principles of financial regulation. The law of finance is in its infancy.The Law of Finance by This financial regulation has its roots in EU law as Alastair Hudson attempts to describe its core principles implemented by the Financial Services Authority. and to map it out. It is very easy to be befuddled by The book considers the fascinating ways in which financial jargon and the pace of change in financial substantive law and financial regulation inter-act, as well markets. However, as future practitioners, students must as taking each market sector in turn and considering how know and understand the bedrock of the law before they the law applies to it. The work provides a detailed analysis consider how it inter-acts with the river of financial activity of the law of finance which can be taught and understood which washes over it every minute of every day. as a discrete legal field, as opposed simply to presenting The depth of the crisis that engulfed the world’s financial a description of documentation practices or an account system in 2007-09 demonstrates that the law of finance of regulatory principles. There is also discussion of the must be a code of legal principle first and a tool for financial crisis and its likely aftermath. financiers second.A coherent law of finance is needed to The book is divided in half between “General Principles” do this to protect the banks, customers and the broader of the law of finance and “Specific Financial Techniques” economy alike. Up to now there has not been anything which applies those principles to particular kinds of which could realistically be thought of a coherent field of market activity. The effect is a combined analysis of finance law. But as many financial products have become fundamental legal concepts with the detail of financial better known and as financial regulation has developed, regulation and of the structure of financial products. it is possible to start the job of defining that field now. When describing the law of finance we must do so using established legal concepts instead of simply using financiers’ ever-changing ideas to create models into which we attempt to shoe-horn legal concepts. Much financial market innovation is in fact the adaptation of well-known ideas for a new purpose: for example, securitizations are effectively old-fashioned debt factoring, equity options are at root the same as old-fashioned options to buy land, and so on. So, lawyers need to understand these financial instruments in legal terms. The established legal concepts of contract, property, equity, tort, criminal law and so forth are able to meet the challenge of describing financial markets. Financial innovation is not something impossible for students and qualified lawyers to understand: any suggestion to the contrary is either hubris or cowardice. For any student of law, knowledge of core legal principles applied to the context of financial market activity will make the study of the law of finance not only possible, but also creative and highly rewarding.
EVERYTHING YOUR STUDENTS NEED The Law of Finance was created to provide a comprehensive account of the law of finance (over 1,400 pages) which marries a discussion of substantive
4 www.sweetandmaxwell.co.uk/lecturers-students ACADEMIC NEWS summer 2009
Sweet & Maxwell’s Classic Series Providing students with the detailed and extensive coverage needed to achieve top marks. Titles include: • Gower and Davies: The Principles of Modern EXTENSIVE Companion website Company Law Teachers and students of the subject also benefit from the extensive range of supporting materials which • Schmitthoff’s Export Trade: The Law and Practice accompany the book and can be found on my website: of International Trade www.alastairhudson.com. Podcasts and vidcasts which • Treitel on the Law of Contract will be posted during the summer of 2009 cover the • Smith, Bailey & Gunn on the Modern English core elements of a finance law course, discussing the key Legal System issues in finance law and explaining finance terminology. “Course Documents” comprise of a range of material to • Hanbury & Martin: Modern Equity support the teaching of the subject. • Wyatt & Dashwood’s European Union Law In addition, the website includes links to other • Dennis: The Law of Evidence useful websites, as well as to regulatory material. • Cretney’s Principles of Family Law As developments occur throughout a year, so the website is updated so that lecturers can be secure in • Cornish & Llewelyn Intellectual Property: Patents, the knowledge that their students have the very latest Get your free copy Copyright, Trade Marks and Allied Rights You can obtain your free developments to hand. inspection copy of The Law • Morris: The Conflict of Laws of Finance, by completing and returning the inspection • Lloyd’s Introduction to Jurisprudence copy request form on page 13. • Winfield & Jolowicz on Tort Alternatively you can call the inspection copy hotline on • Craig: Adminitrative Law 020 7393 7293 or visit us at www.sweetandmaxwell.co.uk/ • Hudson: The Law of Finance lecturers-students • Megarry & Wade: The Law of Real Property
www.sweetandmaxwell.co.uk/lecturers-students 5 ACADEMIC NEWS
The Society of Legal Scholars
This year, The Society of Legal Scholars (SLS) is celebrating One Hundred Years of Legal Scholarship. In the following article, they explain who they are, what they do, and how you can join.
The Society of Legal Scholars (SLS) is the learned THE 2009 CENTENARY CONFERENCE society for those who teach law in a university or similar The 2009 Annual Conference will be held at Keele institution or who are otherwise engaged in legal University, commencing in the afternoon of Monday scholarship. As of Spring 2009 the Society had over 7th September and concluding at lunchtime on 3,100 members consisting of academic and practising Thursday 10th September. As the Society will be lawyers in a wide variety of subject areas. The Society celebrating its centenary a number of special events was founded in 1909 and has charitable status. We are have been planned to take place throughout the currently celebrating our centenary. conference to mark this occasion.
If you are interested in joining the THE ANNUAL CONFERENCE For further information on the conference and to SLS or for further information on The Society holds an annual conference in September, book your place, please visit the website at www. who they are visit their website at at which there are also meetings of the subject sections. legalscholars.ac.uk/keele-conference-2009/ www.legalscholars.ac.uk The annual conference is something of an institution, WHY JOIN THE SLS? and provides an unrivalled forum for networking. Papers Membership of the Society is open to legal scholars are read and discussed at each of the section meetings, working in the UK and Ireland, and beyond. Benefits and many of these are later published either in the of membership of the Society include: Society’s journal or elsewhere. The Presidency of the Society is an annual office, and the conference is usually • Legal Studies our referred journal held at the home university of the President. The 2009 • Reduced subscriptions for new members of staff President is Fiona Cownie, Professor of Law at Keele and postgraduate research students University. • The Directory of Members, the legal academic’s Who’s Who The annual conference not only allows formal • Regular editions of The Reporter, our lively consideration to be given to matters of current paper newsletter importance but also provides a unique opportunity • Discounted rates for the celebrated annual for academic lawyers to get to know each other and Conference share information about each other’s law schools, • Regular email news bulletin of jobs and legal for example, about research and research facilities events in the UK and Ireland or about responses to government policy. In difficult • An effective voice in the future of legal education times, this exchange of information and these personal in the British Isles contacts are indispensable. Without them, law schools • Automatic membership of our lively subject sections would be weaker and less well co-ordinated in the defence of the vital interests of legal education.
6 www.sweetandmaxwell.co.uk/lecturers-students THE FIRST DEFINITIVE THE DOS AND GUIDE TO OBTAINING A DON’TS OF ADVOCACY PUPILLAGE AT THE BAR EXPLAINED OF ENGLAND AND WALES
The Devil’s Advocate The Path to Pupillage: OUT 1ST EDITION NOW Iain Morley A Guide for the • Presents the leading book on advocacy, bridging the gap Aspiring Barrister between reading about advocacy and how you actually do it 13TH EDITION OUT Georgina Wolfe and Alexander Robson NOW • Written in a no-nonsense and engaging style to bring a fresh approach to studying advocacy • Takes students through each step of the route to pupillage from legal education throughNEW to the 2ND OUT • Explains the art of persuasiveness, how to make application process itself convincing speeches, and effective cross examination EDITION NOW • Draws on the authors’ own personal experiences – between • Describes well-established techniques and exercises them they have attended over forty pupillage interviews used in court for constantly improving questioning1ST EDITION OUT NEW 2ND and witness control NOW• Brings together advice and pearls of wisdom from over 50 contributors – from recently qualifiedEDITION barristers • Offers punchy advice and insightful comments through to senior barristers and judges – on everything on all of the necessary skills and processes such as what impresses them at an interview, to how involved in advocating 13TH EDITION OUT OUT NOWto make the most of the BVC 5TH EDITION NOW • Includes a new chapter on • Goes through the academic the International Criminal stage of training, looking at the Tribunals which require an NEW 2ND OUTpros and cons of the various 1ST EDITION OUT additional set of advocacy EDITION NOWvariables such as a law degree NOW skills due to the dynamics verses a law conversion thrown up such as the need for simultaneous translations • Details the extra-curricular NEW 11TH OUT NEW 2ND EDITION NOW EDITION activities that students should undertake in order to enhance their prospects 5TH EDITION OUT• Discusses the vocational – NOWBVC – part of training, looking in depth at the four Inns
1ST EDITION OUT ISBN: 978-1-847-03768-8 NOWISBN: 978-1-847-03401-4 PRICE: £16.95 PRICE: £16.95
PUBLISHING: FEBRUARY 2009 NEW 11TH OUTPUBLISHING: FEBRUARY 2008 EDITION NOW
Available for students to buy from www.amazon.co.uk, www.hammickslegal.com and all good bookshops ACADEMIC NEWS summer 2009
International Law: diverse and ever changing
Rebecca M.M. Wallace is a Professor and Director of UHI Centre for Rural Childhood at Perth College UHI, a visiting Professor at The Robert Gordon University, Aberdeen, and an Immigration Judge and non practising Barrister (member of Lincoln’s Inn). She is co-author of the new sixth edition of International Law and in the following article she examines why international law is such a popular and diverse subject.
The content of international law continues to expand. grounding in the basic principles of international law. A flick through the offerings of universities and colleges This is necessary so as to be informed with the tools is testimony to that. An increasing number of modules to tackle for instance the complexities of international on offer boast the adjective international: international security and migration. trade law, international criminal law, international Studying international law social justice, international human rights, international Many are ‘thrown’ by international law. Why? Essentially economic law, international banking, international because they (and this is especially true of law students arbitration and international dispute settlement. The and trained lawyers) are guilty of approaching list is seemingly endless and goes to illustrate the scope international law as if it were a domestic legal system. and diversity of contemporary international law. International law does not fit into such a mould. An ever-changing area International law is essentially voluntary, it is not The first edition of International Law appeared as a mandatory. International law is an expression for the student text at the end of the 80’s but as the years need of States to co-exist. The problems confronting have passed, new editions have become increasingly the international community are complex. The search necessary every three to four years. Look at what has for a solution demands not only co-operation, but happened during the period that has lapsed since the an acknowledgement of the inter-dependency of all publication of the fifth edition in 2004. That provides a participants within the global community. Lawyers are snapshot of how the international topology has changed guilty of over-emphasising rules of law. The absence and continues to develop. of mandatory sanctions makes inter-national law The debate on torture, its definition and ‘rendition’ has distinctive from municipal law. International law seeks been constantly under the international spotlight, the to achieve international peace and security, rather than controversy over Iraq and Afghanistan has continued, finding an alleged offending State ‘guilty’. However the so called “war on terrorism” has been conducted even as I write the foregoing I am conscious that such and the spectre of Guantanamo Bay has cast its shadow. a statement nowadays is too sweeping and requires The International Criminal Court has started operating qualification. The aim of international law is to seek and, recently, the unprecedented step was taken of conciliation and, hence, why low-key negotiations are issuing a warrant for the arrest of a serving Head of the principal channels initially utilised in efforts to settle State. This move serves to underscore the tension international disputes. between a human rights approach and the traditional International law unlike domestic law, is not confined principles of immunity. to regulating the relations of a homogeneous grouping Newcomers featuring on the international legal of States, but rather is confronted with bringing agenda include environmental issues, notably climate together the interests and needs of States which differ change, violence against women and the girl child politically, economically, ideologically and socially and poverty. Increasingly the international community from each other – a very hetero-geneous group. How is now grappling with such issues in the context of different from the club of 51 States that made up the globalisation and the worldwide economic recession. United Nations in 1945. Contemporary international The international scene is certainly not static! law has to accommodate and regulate the behaviour Accordingly it is important that the international legal of States it also has to take account of non traditional system be rooted in legal principle. The growth in international participants. These non State actors international subject matter has precipitated a spawning include international organisations, non-governmental of texts on international law. This is of course welcome. organisations and civil society groups, multi-national However, the increasing complexity of international law corporations, armed and terrorist groups as well demands that those fresh ‘first timers’ require a good as individuals.
8 www.sweetandmaxwell.co.uk/lecturers-students ACADEMIC NEWS summer 2009
United, there is little we cannot do… be fostered is the development within the international What makes international law sometimes difficult also fora of a political culture, which possesses a respect makes it exciting. Its subject matter is not exhaustively for the international rule of law. One recalls the truism defined, and its boundaries are not firmly established. spoken by John F Kennedy in his 1961 Inaugural International law is still relatively young, and, it Address, “united, there is little we cannot do in a host continues to develop. International law can mould of cooperative ventures. Divided, there is little we can behaviour. It can do this by being dynamic, adapting, do – for we dare not meet a powerful challenge at odds accommodating and responding to different conditions and split asunder”. and sets of circumstances. New Sixth Edition of International Law I also like to think of international law as a language. What International Law seeks to provide for the student A language in which those, working in the international are the tools which will provide a solid foundation for arena, should be able to converse fluently. Members further in depth study. Accordingly, International Law of the international community need to speak to each remains a “taster”, a reader, a narrative companion other, that is accepted, but to do this there needs to be to those growing number of Cases and Material texts a medium of communication – a common language as well as the more specialised treatises. Hence Olga Get your free copy which in its vocabulary includes respect for the rule of Martin-Ortega who has come on board and I have made You can obtain your free inspection copy of law, democracy, justice, and above all the human dignity a determined effort consistently throughout the text to International Law, by of all individuals, without distinction. In contemporary provide a clear and comprehensive exposition of what is completing and returning the international circles many tongues are spoken but the required for an understanding of the international legal inspection copy request form on one language which can be readily translated is that process. What the reader has is we hope a road map page 13. Alternatively you can call the inspection copy hotline of international law. What is required is an increasing rather than an Ordnance Survey guide. Yes, this is now on 020 7393 7293 or visit us at proficiency in international law so that it may be no longer a sole authored text. This further reflects the www.sweetandmaxwell.co.uk/ employed to educate and shape the conduct of those current compartmentalisation of international law as well lecturers-students responsible for the policies of States, as well of course as ensuring all being well, a continuing appeal for future of all participants on the international stage. What must generations of international students and teachers.
www.sweetandmaxwell.co.uk/lecturers-students 9 ACADEMIC NEWS summer 2009 key new textbooks
English for Contract and Effective Legal Research Smith & Thomas: A Casebook Company Law Legal Skills Series on Contract Marcella Chartrand, Catherine Millar and John Knowles Roger Brownsword Edward Wiltshire • Provides a practical guide to researching • The leading casebook on the law of • Provides non-native English speakers with or tracing legal information effectively contract for over 40 years, providing all the the English language skills necessary • Presents the information in a step-by-step material necessary for an in-depth study to carry out their legal studies and format, leading students through the of the area professional activities effectively world of legal research from using a law • Uses substantial case extracts combined • Focuses on the legal language required library to searching online with authoritative explanation to provide in the two major areas of contract law • Explains how to research EU and ECHR readers with an understanding of the and company law which are central to materials principles of contract law international business law • Incorporates examples of Law Reports, • Discusses both historical and • Incorporates user-friendly exercises such Acts, Halsbury’s, Current Law, Hansard contemporary cases to illustrate the key as crosswords, blankfilling and reading and European materials from the Official elements of contract law comprehension and discussion texts Journal, Eur-Lex and the European Court • Contains all relevant material including • Contains a high level of specific legal Includes web shots from key online key statutory material and law commission content and practical materials, including sources including Westlaw UK, LexisNexis reports cases, legislation, legal writings and Butterworths, BAILII, Europa and TSO examples 12th Edition • Provides exercises for both classroom and 2nd Edition Paperback • £30.95 • July 2009 self-study options Paperback • £18.95 • April 2009 • Comes with a concise teacher’s guide to Criminal Law give guidance on how the book can be used Equity & Trusts Textbook Series Textbook Series Alan Reed and Ben Fitzpatrick 3rd Edition Michael Haley and Lara McMurtry Consultant Editor: Peter Seago Paperback • £19.95 • July 2009 • Provides students with a clear and current • Provides students with a clear and picture of the law of trusts and equity detailed account of criminal law, Cretney and Probert’s Family Law placing the subject in its modern context explaining the principles and how the Textbook Series • Combines in depth commentary with law operates in practice Rebecca Probert critical analysis to give students more than • Focuses on topics common to the majority • Cuts through the black letter law to just a guide to the law of law courses including murder, offences provide students with guidance on all the • Takes account of the latest legislative and against the person, and offences against major themes and principles of family case law developments including those property law, covering both formal and informal brought about by the Charities Act 2006 • Sets out the conceptual basis of criminal relationships • Contains practical illustrations to show liability • Sets issues in their social and historical how the law operates • Includes hypothetical examples throughout context • Examines future law reforms to show how • Discusses how the law works in practice 2nd Edition the law may develop • Covers key case law and legislative Paperback • £28.95 • June 2009 developments including the Forced 4th Edition Paperback • £26.95 • July 2009 Marriage (Civil Protection) Act 2007, the Employment Law Child Maintenance and Other Payments Gwyneth Pitt Act 2008, the Human Fertilisation and • Provides a succinct account of employment Embryology Act 2008, and the Children law and industrial relations law and Young Persons Act 2008 • Set in the context of experience in the workplace as well as within the wider 7th Edition Paperback • £24.95 • July 2009 social and political framework • Draws references from the British courts,
the European Court of Justice and the
European Court of Human Rights • Written in a straightforward style, making
it easy for students to understand the topic
and grasp difficult concepts • Covers the latest legislative and case law developments
7th Edition Paperback • £28.95 • September 2009
10 www.sweetandmaxwell.co.uk/lecturers-students ACADEMIC NEWS summer 2009
Construction Law Jurisprudence: Theory and Context Medical Law and Ethics John Uff CBE Brian Bix Dr Shaun D. Pattinson • Provides comprehensive explanations • Explains the often complex and difficult • Covers the major topics of medical law of key topics and issues in a clear, ideas in legal philosophy clearly and and ethics, combining detailed legal concise tone concisely without over-simplification exposition and analysis with moral theory • Guides the reader through the world of • Introduces students to the fundamental and philosophy construction contracts, litigation, planning themes in legal philosophy • Considers the wider contextual pressures and environmental law • Analyses and comments on the writing of facing the law such as the impact of • Covers public and EU law, statutes, safety the foremost legal theorists patient consumerism, and the changing and building regulations • Takes into account the most recent perceptions of medicine • Extensively updated to reflect the fast scholarly work • Examines the impact of increasingly direct pace of change in this field of law, • Includes substantial “further reading” at (international and domestic) recognition of specifically within the implementation the end of each chapter to encourage the human rights and enforcement of construction law and reader to expand on individual sections of • Details all recent legislative developments the nature of contracts the text including the Mental Capacity Act • Includes updated contract forms from 2005 and Code of Practice, Redress Act FIDIC and NECC 5th Edition 2006, Mental Health Act 2007, Human Paperback • £22.95 • March 2009 • Provides the JCT and ICE forms of contract Fertilisation and Embryology Act 2008
10th Edition Parry and Kerridge: The Law of 2nd Edition Paperback • £28.95 • June 2009 Succession Paperback • £26.95 • August 2009 Roger Kerridge Hanbury and Martin: Modern Equity • Has been the leading textbook on the law The Law of Finance Dr Jill Martin of succession for over 70 years, providing Alastair Hudson • Presents a leading title on equity & trusts the detail required for a full understanding • Provides the first comprehensive account law, unparalleled in breadth of scope and of the subject of the whole of the law of finance in one wealth of detail • Covers both wills and intestacy as well as volume • Provides a critical commentary with full probate and the administration of estates • Explains the key principles of the various reference to materials from legal journals • Incorporates all key case law and areas of law such as contract, property and • Covers more than any other equity legislative developments including those tort, which are the building blocks of the textbook, featuring other aspects of equity, brought about by the Civil Partnership Act law of finance in particular equitable remedies, and 2004, the Mental Capacity Act 2005, and • Moves on to discuss the key areas of doctrines such as estoppel and undue the Family Provision (Intestate Succession) financial practice one-by one, including influence not usually covered Order 2008 customer banking, lending, stakeholding, • Discusses key case law and legislative refinancing, proprietary finance and 12th Edition collective investment entities developments including fundamental Paperback • £33.95 • April 2009 changes brought about by the Charities • Provides extra course support via Act 2006, Finance Act 2006 and podcasts on the author’s website
Companies Act 2006 (www.alastairhudson.com), together with updates, course materials and online links 18th Edition Paperback • £33.95 • February 2009 1st Edition Paperback • £41.95 • May 2009
www.sweetandmaxwell.co.uk/lecturers-students 11 ACADEMIC NEWS summer 2009
Morris: The Conflict of Laws Law of International Trade- International Law David McClean and Kisch Beevers Cross-Border Commercial Rebecca M.M. Wallace and Dr Olga Martin-Ortega Transactions • The leading textbook on the conflict of • Presents a user-friendly and accessible laws, covering all branches of private Jason Chuah exposition of the key concepts of international law • Presents a comprehensive and up to date International law • Explains the fundamental principles of the treatment of all key aspects of private • Describes the substantive procedural subject and how the law works in practice international trade law principles – critical to an understanding of • Encourages critical thinking by getting • Explains the theoretical framework, which the International legal process students to think about the issues which underpins the law against the background • Incorporates discussion and analysis concern the working of the conflict of laws of modern trade documentation and of both UK and US material including as a whole, in particular, the theoretical export practice examples of US cases and sources basis and methodology • Demonstrates a practical approach • Provides detailed discussion of human • Takes into account all recent developments to the subject incorporating example rights issues including the Rome I and Rome II contractual clauses, forms and diagrams • Provides in-depth coverage of issues Regulations on contractual and non- to demonstrate how the law works relating to the use of force and the global contractual obligations in practice war on terror • Examines recent case law from the • Sets out summaries of the more significant • Includes guidance on how to research European and English courts cases and, where relevant, cases from the International law, including conducting Commonwealth and other countries are research on the internet 7th Edition discussed Paperback • £31.95 • April 2009 • Discusses recent legal developments, 6th Edition including, the Rome 1 and Rome 2 Paperback • c. £24.95 • June 2009 Osborn’s Concise Law Dictionary Regulations, the final draft UNICTRAL Edited by Mick Woodley Transport Convention, insurance law The Devil’s Advocate • For over 80 years Osborn’s has been the reform, URR725 and the UCP 600 Iain Morley QC essential concise dictionary of legal terms • Presents the leading book on advocacy, 4th Edition • Offers comprehensive coverage including Paperback • £32.95 • June 2009 bridging the gap between reading about an extensive listing of journals, law reports advocacy and how you actually do it and their abbreviations • Written in a no-nonsense and engaging Bowett’s Law of International • Contains over 4,700 references from the style to bring a fresh approach to studying Institutions obscure to the everyday advocacy Philippe Sands QC and Pierre Klein • Provides speedy access to a mass of • Offers punchy advice and insightful technical terms and phrases in both • Provides an introductory overview of the comments on all of the necessary skills English and European law law of international institutions, covering and processes involved in advocating • Takes all entries beyond definitions the major organisations and explaining • Uses examples throughout to illustrate key and basic context with extensive legal their role and governing law points and aid knowledge retention referencing to provide a solid basis for • Covers all the major global, regional and • Includes a new chapter on the further research judicial institutions such as the UN, the International Criminal Tribunals which IMF, the WTO, the ICJ, the International require an additional set of advocacy skills 11th Edition Tribunal for the Law of Sea, the ICC and due to the dynamics thrown up such as the Paperback • £11.95 • March 2009 the ICTs as well as the EU and Council need for simultaneous translations of Europe • Split into three parts: part one describes 2nd Edition the global institutions and then the Paperback • £16.95 • February 2009 regional institutions, part two addresses the various functions of international organisations and part three considers the four sets of common institutional
problems
6th Edition Paperback • £31.95 • June 2009
12 www.sweetandmaxwell.co.uk/lecturers-students YES, Please send me the following on free inspection:
Bowett’s Law of International Institutions, 6th Edition 978-0-421-96490-7 How to request your title/s Construction Law, 10th Edition 978-1-847-03767-1 on inspection
Cretney and Probert’s Family Law, Textbook Series, 7th Edition 978-1-847-03553-0 Order Online @ Criminal Law, Textbook Series, 4th Edition 978-1-847-03740-4 Visit our website at www.sweetandmaxwell.co.uk/lecturers-students Devil’s Advocate, The, 2nd Edition 978-1-847-03768-8 by Email Effective Legal Research, Legal Skills Series, 978-1-847-03818-0 Email your details and the titles you are 2nd Edition interested in to [email protected] Employment Law, 7th Edition 978-1-847-03500-4 by Phone English for Contract and Company Law, 3rd Edition 978-1-847-03446-5 Call our Inspection Copy Hotline +44 (0)20 7393 7293 Equity & Trusts, Textbook Series, 2nd Edition 978-1-847-03731-2 Quoting Order Source No. above Hanbury and Martin: Modern Equity, 18th Edition 978-1-847-03512-7 by Fax International Law, 6th Edition 978-1-847-03631-5 Complete the sections and fax this form back to +44 (0)20 7393 7890 Jurisprudence: Theory and Context, 5th Edition 978-1-847-03445-8 or by Post Law of Finance, The, 1st Edition 978-0-421-94730-6 Complete and return this form to Inspection Copies Law of International Trade: Cross-Border Commercial Transactions, Marketing Data 4th Edition 978-1-847-03344-4 Sweet & Maxwell Ltd Medical Law and Ethics, 2nd Edition 978-1-847-03819-7 Freepost Lon 12091 London Morris: The Conflict of Laws, 7th Edition 978-1-847-03421-2 NW3 4YS Or return it in the FREEPOST envelope provided Osborn’s Concise Law Dictionary, 11th Edition 978-1-847-03308-6 Parry and Kerridge: The Law of Succession, 12th Edition 978-0-421-95930-9 Smith & Thomas: A Casebook on Contract, 12th Edition 978-1-847-03417-5
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(LBU031) V7 (06.2009) / SS / DA / DP ACADEMIC NEWS summer 2009
The importance of succession
The most important single legal transaction for every one of us is the disposition of his or her property on death. If not handled correctly, those that we wish to benefit could be left out in the cold. Roger Kerridge, Solicitor and Professor of Law, University of Bristol, is author of the new 12th edition of Parry and Kerridge: The Law of Succession. In the following article he looks back at how this area of law has developed and explains why it’s such a fascinating subject for both students and lawyers.
Missing wills Wigram’s theories – all these men, from their very Fashions change, of course they do, but some changes different backgrounds, reached the top of the profession are harder to account for, or to explain, than others. Had as specialists in wills, even if only one of the three left anyone asked a lawyer in the middle of the nineteenth a will behind him on his own death. Lord St Leonards’s century to list the subjects which a clever and ambitious will was stolen, and Hawkins died intestate. would-be law student should study, Succession would So what has happened to Succession and why? In the almost certainly have come close to the top of the list, if past fifty or sixty years it seems to have been squeezed not at the very top. Property lawyers were the cream of out of the syllabus by what some might think of as an the legal profession and Succession was something in odd mixture of Commercial Law, European Law and which they all worked and which they all understood. Human Rights. I began my working life as a commercial Lord St Leonards, the barber’s son who left school at lawyer, and then I worked, in France, for the European the age of twelve and who went on to become Lord Commission of Human Rights, but I have repented of Chancellor; Sir James Wigram, the mathematician the sins of my youth and would like to make amends whose expertise lay in the interpretation of wills; by restoring Succession to its rightful place at the centre Hawkins, the classical scholar who dared to challenge of any decent legal curriculum.
14 www.sweetandmaxwell.co.uk/lecturers-students ACADEMIC NEWS summer 2009
Wintle v Nye Had he noticed it, and seen its significance, then victory Succession Law is not, as some seem to think, a sad would almost certainly have been his. As it was, his subject – concerned with death. It is concerned not client lost the case. And there was another case where so much with the dead, but with those who survive nobody seemed to notice the impact of a constructive them, and who fight over their property. That is what trust where a beneficiary had murdered those from makes it so fascinating, it brings out the worst in almost whom he was destined to inherit. Yet the existence of everyone. The leading case of Wintle v Nye is all about a constructive trust in such circumstances had been a solicitor who (like many other solicitors at the time), referred to not only in all the textbooks on Succession, having a rich client who did not really know to whom to but in virtually all the Trust textbooks, as well. leave her property on her death, obligingly drafted a will Succession is not, and never was, a subject for the for her, in his own favour. His misfortune was that one amateur, who can wander into it and hope that he or of her first half cousins was a colonel in the Dragoons, she can get away with a bit of guesswork and a dose someone who enjoyed a fight, who challenged the will, of common sense. It is a fascinating mixture of rules Get your free copy lost the case at first instance, appealed and lost in the dreamed up over the centuries by a legal profession, You can obtain your Court of Appeal, and then went for broke. The colonel often in its own interests, and many of which rules are in free inspection copy of won in the House of Lords, as a litigant-in-person. The Parry & Kerridge: The Law urgent need of review. The fact that the Law Commission legal profession do not emerge well from that case – the of Succession, by completing are now (starting in 2009) going to undertake a solicitor, counsel, the trial judge – they all come out to and returning the inspection (hopefully radical) look at the reform intestacy and of copy request form on page 13. some degree tainted. But it was hugely entertaining, family provision is a step in the right direction. Alternatively you can call the and the public loved it. inspection copy hotline on 020 7393 7293 or visit us at Maybe this is the problem with Succession nowadays. The future of succession In the meantime, what is needed is an increased flow of www.sweetandmaxwell.co.uk/ In the “good old days” lawyers could make wills for lecturers-students students into the study of this branch of the law. Except their clients in their own favour and get away with it. in James Bond films, each of us will die only once, but Or, one lawyer could draft a will badly, and other lawyers the most important single legal transaction in the life could then charge enormous fees for sorting things out. of every one of us is the disposition of his or her property Only the clients suffered, because they had to pay for on death. Getting the rules on this right is essential, and, this pantomime. Things are different nowadays. because of the light it throws on the human condition, Since Ross v Caunters [1980] Ch 297 and White v Jones the study of the way in which people act in this field is [1995] 2 AC 207 professional draftsmen who make captivating. mistakes when drafting, or not drafting, wills may well find themselves liable for the losses suffered by those The 12th edition of Parry and Kerridge (the first edition of whom their clients intended to benefit, and this can be which appeared in 1937) was published in March 2009, expensive. It seems that the attitude now being taken just in time to cover the latest revision of the statutory in some circles is that will-drafting is too dangerous an legacy, the sum to which a widow or widower is entitled undertaking for lawyers to get involved in. But if we tell on a person’s death intestate. Bang up to date! But on the public that we are not capable of drafting their wills the front cover of the book there is a picture of the High for them, what do you expect them to think of us? The Court of Delegates, the Ecclesiastical Appeal Court, to long term effect of this approach will be catastrophic. which testamentary cases would have gone in the early nineteenth century. It was a court which gave no reasons Law Reform for its decisions, and which was eventually dissolved as The input of the legal profession into the Law of a result of its own scandalous behaviour (it imprisoned Succession during the past fifty or sixty years has not a litigant who dared to complain about the cost of been particularly edifying. There were two major, but proceedings before it). The interaction of the new and unsatisfactory, Reports from the Law Reform Committee the old, the dead and the living, the lawyers and their (the 19th and 22nd) and there have been a number of clients, all these give this subject its very special charm. other, half-hearted attempts at change from the Law Commission. The whole topic of beneficiary-made wills is in urgent need of an overhaul and it is surprising (that is the polite word) that so many lawyers venture into Succession but fail to grasp some of the basic rules. How was it that, in one fairly recent and well-reported case, counsel for a claimant who was challenging a decidedly suspect will failed to notice that the testator had (almost certainly) died domiciled outside England and Wales?
www.sweetandmaxwell.co.uk/lecturers-students 15 ACADEMIC NEWS
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18 www.sweetandmaxwell.co.uk/lecturers-students PRACTICAL GUIDANCE FOR YOUR STUDENTS woodroffe and Wills, Administration lowe’s consumer and Taxation Law law and practice and Practice Geoffrey Woodroffe and John Barlow, Lesley King and Robert Lowe Anthony King • Presents a concise but • Deals comprehensively with tax comprehensive guide to considerations, the substantive law consumer law and also covers drafting, probate practice and procedure • Focuses on the types of problems most likely to arise or be encountered • Uses precedents, examples of frequently used forms and in real life and uses examples to explain worked examples to present a clear, practical picture of how the law deals with such situations the operation of the law • Introduces new sections on holiday contracts and • Covers the multitude of changes in practice resulting Internet purchasing to deal with the exponential from the Finance Act 2006 growth in online purchases • Examines the implications of the Civil Partnership Act • Includes a selection of County Court precedents 2004 and Gender Recognition Act 2004, as well as all supplied by a District Judge other important developments such as new rules on taxation of estates and all key case law
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Employment Law Criminal Law and Practice and Practice John Sprack Stephen Forster • Provides clearly written practical • Presents a clearly written practical guidance on the essentials of guide to the essentials of criminal law employment law • Covers both law and procedure • Gives crisp analysis and up-to-date • Summarises the main principles commentary on basic principles, and provides a succinct step-by-step case law and legislation explanation of the most important • Provides a clear commentary on the points in criminal procedure procedure of the employment tribunals • Provides everything needed in a concise volume • Includes tables, flow-charts and examples to aid without sacrificing the detail that is required for understanding and clarify complex points of law a proper understanding of the subject • Uses headings and sub-headings and breaks • Contains over 100 pages of essential appendices the text down into bite size chunks to aid use and understanding of information
PAPERBACK, 1st EDITION, 978-1-847-03218-8, JUNE 2007, £28.95 PAPERBACK, 1st EDITION, 978-1-847-03449-6, JULY 2008, £28.95
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