This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between w...

Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transn...

The Consumer Rights Act is a vital and far-reaching piece of legislation containing provisions specific to contract and consumer law, criminal law, and competition law. It sets out a much-needed framework to consolidate the key consumer rights surrounding contracts for goods, services, and digital content, as well as the law relating to unfair terms in consumer contracts. The Act introduces easier routes for consumers and SMEs to challenge anti-competitive behaviour through the Competition...

This prize-winning book, first published in 1991, provides a detailed legal account of the development of the UK Official Secrets Acts 1911-1989. In particular, the Espionage section (s.1) of this criminal law is analysed carefully, illustrated by leading cases of UK spies prosecuted under this section, particularly during the 1980’s — including MI5 officer Michael Bettaney and Geoffrey Prime who worked at GCHQ. The author also examines problems of evidence in espionage prosecutions, and t...

The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the...

What is the purpose of the company and its role in society? From their origin in medieval times to their modern incarnation as powerful transnational bodies, companies remain an important part of business and society at large. Drawing from a variety of perspectives, this book adopts a normative approach to understanding the modern company and provides insights into how companies should be conceptualized. It considers key topics such as the development of corporate theory, the rights and ob...

Civil Procedure is a branch or a body of law that sets the rules and the standards for the court to follow in cases of having to adjudicate civil lawsuits. In essence, it is simply a set of rules that tells a certain jury or court how a lawsuit, a case or a disagreement between two opposing partiesshould be settles or heard of in a court. It details what kind of service, of process is required, the motions that can be applied, the pleadings or the statements that have to be made, o...

This anthology highlights the theoretical foundations as well as the various applications of Behavioural Law and Economics in European legal culture. By the same token, it fosters the dialogue between European and American Law and Economics scholars.The traditional neo-classical microeconomic theory explains human behaviour by using Rational Choice. According to this model, people tend to maximize the difference between expected utility and cost (“expected utility theory”). This th...

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered.Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure...

This work aims to analyse substantive and conflict of laws rules regarding intermediated securities in a comparative way. For this purpose, it examines major jurisdictions’ rules for intermediated securities and the intermediated securities holding systems, such as the rules of the German, US, Korean, Japanese and Swiss systems, as well as the relevant EU regimes and initiatives. Above all, it analyses the two international instruments related to intermediated securities, i.e. the Geneva S...