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• Setting the scene
• Investigations
• Restraint orders
• Management receivers
• Practice and procedure in Crown Court restraint and management receivership cases
• Applications to vary and discharge restraint orders
• Ancillary orders
• Enforcement of restraint and receivership orders : contempt of court
• Confiscation preliminary matters
• The confiscation hearing
• The confiscation hearing
• Reconsideration of confiscation orders
• Enforcement of confiscation orders
• The insolvent defendant
• Civil recovery: property freezing orders, receivers, unexplained wealth orders, interim freezing orders, and legal expenses
• Civil recovery: recovery orders, the ECHR, and pensions
• Civil recovery and taxation
• Civil forfeiture: the seizure and recovery of cash and other assets
• Third parties
• Appeals
• The international element
• Money laundering
• Disclosure of suspicious transactions
• Costs, funding issues, and compensation
• Terrorism and the proceeds of crime
• Bribery and corruption
• Sanctions.

"The proceeds of crime field continues to be one of the fastest moving areas of the law within the criminal justice system. New cases are reported on a weekly, sometimes daily, basis as well as frequently in the major law reports. Millington and Sutherland Williams on the Proceeds of Crime offers an extensive, authorative examination of proceeds of crime and confiscation legislation. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. The newest edition has been fully updated to include all important legislative changes since the publication of the fifth edition. A chapter dedicated to sanctions has been added, the impact of crypto currencies is examined, analysis is provided of Law Commission reports on Supicious Activity Reports and the Proceeds of Crime Act (POCA), and there is a new chapter focusing on part six of POCA. Previous editions have been recognised by governments, both national and international, for their focus on the importance of asset recovery as a vital weapon in the fight against organised crime and corruption. Millington and Sutherland Williams on The Proceeds of Crime is used in the Academy of European Law (ERA) as well as the libraries of the Chief Justices of Jamaica, Barbados, and Papua New Guinea. The book serves as an international guide, assisting barristers, solicitors, practitioners, and academics in navigating this often-complex area of the law" -- Provided by publisher.

• General introduction
• The Nature of duress
• Is the pressure illegitimate?
• Causation and absence of reasonable alternative
• Types of duress
• Introduction to Part II
• Equitable undue influence
• Actual undue influence
• Presumed undue influence
• Presumed undue influence : a relationship of influence
• Presumed undue influence : a transaction that calls for explanation
• Rebutting the presumption of undue influence
• Undue influence in probate law
• Abuse of confidence
• Introduction to Part III
• Was the claimant at a serious disadvantage?
• Is the defendant's conduct unconscionable?
• Is the transaction overreaching and oppressive?
• Independent advice
• Scope of unconscionable dealing
• Introduction to Part IV
• The doctrine of agency
• Actual and constructive notice
• Constructive notice : when is a party put on inquiry?
• Steps to be taken by a creditor put on inquiry
• Comparison with equivalent doctrines in Australia and Scotland
• Introduction to Part V
• Remedies
• Equitable defences.

"Duress, Undue, Influence and Unconscionable Dealing are grounds on which a contract can be set aside because the claimant was induced to enter into it by means which the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances where an otherwise valid transaction can be avoided on each of these grounds. Duress : Duress is a common law doctrine under which a contract may be avoided where the complainant was induced to enter into it by illegitimate pressure, such as a threat of physical violence, a threat to seize or damage property or economic pressure. Undue Influence : There are two doctrines of undue influence: the equitable doctrine of undue influence is concerned with lifetime transactions (such as contracts), while the probate doctrine of undue influence is concerned with wills. The equitable doctrine of undue influence deals with cases where one person has acquired influence over another, and the ascendant person abuses that influence to induce the other person to enter into a lifetime transaction. It includes an evidential presumption of undue influence in certain cases. Probate undue influence applies in relation to wills. It allows the court to refuse to admit a will to probate where the testator was induced to sign the will by the exercise of undue influence. Unlike equitable undue influence, probate undue influence does not include an evidential presumption of undue influence. Abuse of Confidence : The book also discusses the equitable doctrine of abuse of confidence, which is sometimes confused with, but is different from, the equitable doctrine of undue influence. The doctrine of abuse of confidence is concerned to protect a person (the principal) who has placed confidence in another person (the fiduciary) from abuse of that confidence in any transaction between the fiduciary and the principal (as where a solicitor buys property from his client). Unconscionable dealing : Unconscionable dealing or unconscionable bargains is an equitable doctrine that provides protection to weaker parties in certain situations. The court will intervene on this ground to set aside a contract where, at the time of the contract: one party was suffering from some serious disadvantage, such as poverty, ignorance, illness, or otherwise, so that the circumstances existed of which unfair advantage could be taken; that weakness was exploited by the other party ("the stronger party") in a morally reprehensible manner; and the resulting transaction is extremely one-sided in favour of the stronger party" -- Provided by publisher.

• Beginnings : from Whitchurch to Oxford
• The First World War
• 1920s : from Oxford to the bar
• 1930s : from first marriage to the Second World War
• The Second World War
• Judicial beginnings : wills, wives and rrecks
• 1945–47 : second marriage, second judicial role
• The Court of Appeal
• The House of Lords
• Master of the Rolls : appointment and beginnings
• Profumo
• Master of the Rolls : travel and other engagements
• Master of the Rolls : pre-trial remedies
• Master of the Rolls : common law
• Master of the Rolls : family law
• Master of the Rolls : employment law
• Master of the Rolls : public law
• Master of the Rolls : security of the realm
• Master of the Rolls : A belated author
• Master of the Rolls : resignation
• Later years
• The end
• A final judgment.

"This book looks at that remarkable life story as well as assessing Denning’s legacy, showing how he continues to influence, inspire and occasionally infuriate"-- Provided by publisher.

• Introducing champerty and maintenance
• The abolition, and reservation, of champerty and maintenance in England
• Champerty and maintenance in other jurisdictions
• The modern effects of champerty and maintenance on funded litigation
• Non-lawyers' funding
• Lawyers' funding
• General concepts : assessing champertous assignments
• Assigning causes of action ancillary to property interests
• Assigning 'bare' causes of action : proving a genuine commercial interest
• Public policy and the administration of justice
• Key reform issue for funded litigation
• Key reform issues for assignments.

"As torts and as crimes, champerty and maintenance were abolished by statute in England and Wales in 1967. They were considered to be obsolete and the product of a bygone age, when abuses of the court system as practised by rich and powerful noblemen required a robust legal response. A modern, sophisticated, and independent judiciary rendered it unnecessary either to punish or to compensate for champerty or maintenance any longer. However, post-1967, their impact was retained via a 'reservation provision', which ensures that any contract tainted by champerty or maintenance 'is to be treated as contrary to public policy or otherwise illegal.' Fast forward five decades to the present day, and whilst maintenance has arguably reached its use-by date in English law, the same cannot be said of its more aggressive cousin. Champerty, as a doctrine, retains considerable modern impact in this jurisdiction, stalking the modern funding and civil procedure landscape. It continues to have greatest impact in two areas: the funding of litigation, and the assignments of causes of action. The Modern Doctrines of Champerty and Maintenance looks comparatively at jurisdictions' attitudes towards champerty and maintenance, together with an analysis of law reform studies in the area, both in England and elsewhere"-- Provided by publisher.

• Part 1. History and development of costs
• Part 2. Introduction to the law of costs
• Part 3. Orders for costs
• Part 4. Orders regarding costs
• Part 5. Bases of costs and Part 36
• Part 6. Points of law regarding costs
• Part 7. The overriding objective, proportionality and relief from sanctions
• Part 8. Agreements between legal services provider and client
• Part 9. Agreements with Funders and Insurers
• Part 10. Costs as between solicitor and client
• Part 11. Practice Issues
• Part 12. Assessments, appeals and Alternative Dispute Resolution between opposing parties
• Part 13. Quantification of costs between opposing parties
• Part 14. Particular persons
• Part 15. Particular circumstances
• Part 16. Materials.

"Friston on Costs is the acclaimed and often-cited authority on the law of costs. Separated into sixteen well-defined and easily navigable parts, this substantial and encyclopaedic text covers all aspects of the law of civil costs from funding and contracts of retainers, all the way through to the assessment of costs (both between opposing parties and between solicitor and client). The fourth edition has been updated to take into account the considerable number of authorities on this difficult and technical topic. Areas of interest to specialists have also been expanded upon, such as the recoverability of the costs of inquests, the costs of solicitors who act in their own cause, and disclosure of litigation funding. Friston features thorough cross-referencing throughout, enabling the user to easily locate answers to even the most complex of costs issues. It is an invaluable resource for costs judges, academics, and practitioners alike"-- Provided by publisher.

• Introduction / Samia Bano
• Religious-only marriages in England and Wales : raking the long view / Rebecca Probert
• Women and Shari'a law : the impact of soft legal pluralism in the UK / Elham Manea
• Sharia councils in the UK : reform and regulation / Dr Islam Uddin
• Domestic abuse : the dichotomy of choosing between informal and formal forum for mediation, arbitration and justice / Naheed Ghauri
• Sharia councils and Muslim family law : analyzing the Parity governance model, the Sharia Inquiry and the role of the state/law relations / Samia Bano.

"In February 2018, the 'Independent Review on Sharia Law in England and Wales' was published headed by Professor Mona Siddiqui. The review focused on whether sharia law is being misused or applied in a way that is incompatible with the domestic law in England and Wales, and in particular whether there were discriminatory practices against women who use sharia councils. It came about after years of concerns raised by academics, lawyers and women's activists. This timely collection of essays from experts, scholars and legal practitioners provides a critique and evaluation of the Inquiry findings as a starting point for analysis and debate on current British Muslim family law practices in the matters of marriage and divorce. At the heart of the collection lie key questions of state action and legal reform of religious practices that may operate 'outside the sphere of law and legal relations' but also in conjunction with state law mechanisms and processes. This cutting-edge book is a must read for those with an interest in Islamic law, family law, sociology of religion, human rights, multiculturalism, politics, anthropology of law and gender studies"-- Provided by publisher.

The British constitution has grown organically in response to changes in its economic, political, and social environment, and is not contained in a single authoritative text. In this 'Very Short Introduction', Martin Loughlin examines the nature and authority of the constitution, and its challenging prospects for the future.

"Exclusion Clauses and Unfair Contract Terms examines, in a detailed, practical, and incisive manner, this important area of contract law. It provides guidance to the practitioner on drafting and using exclusion clauses effectively within the formative phase of a contract. Additionally, it offers commentary on the possibility of challenging an exclusion clause. The text deals with exclusion clauses and unfair contract terms in the context of both commercial and consumer contracts, considering the legal tests which are applied to determine whether the exclusion clause has been successfully incorporated, how it should be interpreted, and the extent to which it might be invalidated at Common Law and under statute"-- Provided by publisher.

• Preface
• The nature of judicial review
• Claimants, interested parties and interveners
• Defendants and decisions subject to judicial review
• Concepts of jurisdiction and lawful administration
• Illegality
• Substantive review and justification
• Legitimate expectations
• Procedural fairness : introduction, history and comparative perspectives
• Procedural fairness : entitlement and content
• Procedural fairness : exceptions
• Procedural fairness : fettering of discretion
• Procedural fairness : bias and predetermination
• Convention rights as grounds for judicial review
• Review under European Union related law
• The historical development of judicial review remedies and procedures
• CPR Pt 54 claims for judicial review
• Other judicial review proceedings
• Judicial review remedies
• Monetary remedies in judicial review.

"The Ninth edition includes comprehensive coverage of the law and practice of judicial review with extensive comparative material from leading common law jurisdictions. This edition has been thoroughly re-written and updated to take account of recent doctrinal developments and theoretical controversies. It includes recent changes to the law on remedies and limiting judicial review by ouster clauses. It examines retained EU law, separate agreement law, and future relationship law, the Ireland/Northern Ireland Protocol and the Windsor Framework. It also covers proposals, such as the Bill of Rights Bill"-- Provided by publisher.

• Introduction
• Early encounters : protecting maps and atlases 1400-1700
• Enlightenment mapmaking and lawmaking part one : the legislation
• Enlightenment mapmaking and lawmaking part two : the litigation
• Legal highways and byways : road books in court
• Public surveys, national maps : the rise of the ordnance survey
• Shipwrecks and copyrights : hydrographic information and the UK hydrographic office
• 'A painted sssemblage of facts' : private mapmaking in the nineteenth century
• The twentieth century : for crown and country
• Conclusion.

"This open access book explores the intertwined histories of mapmaking and copyright law in Britain from the early modern period up to World War 1, focusing chiefly on the 18th and 19th centuries. Taking a multidisciplinary approach and making extensive use of the archival record, this is the first detailed, historical account of the relationship between maps and copyright. As such, it examines how the emergence and development of copyright law affected mapmakers and the map trade and how the application of copyright law to the field of mapmaking affected the development of copyright doctrine. Its explorations cast new light on the circulation of geographical knowledge, different cultures of authorship and creativity, and connections between copyright law, print culture, technology, and society. The book will be of interest to legal historians, intellectual property scholars, and historians of the map and print culture, as well as those interested in the history of knowledge and how legal control over data has been exerted over time. It takes the reader back to the earliest attempts to establish who can own and control geographical information and its graphic representation in the form of a map. In so doing, it establishes a long history of tension between the interests of private enterprise, government, and the public. The book's investigations end in the first decades of the 20th century, but the tensions it identifies persist in the 21st century, although today paper maps have been largely replaced by web-based mapping platforms and digital geospatial data. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Australian Research Council"-- Provided by publisher.

• Einleitung
• Die Grundlagen des Zustellungsrechts im deutschbritischen Rechtsverkehr
• Die Entwicklung des deutsch-britischen Zustellungsverkehrs bis zum Brexit
• Die Auswirkungen des Brexits auf die Zustellung von Schriftstücken im deutsch-britischen Rechtsverkehr
• Die Entwicklungsperspektiven für den deutsch-britischen Zustellungsverkehr
• Zusammenfassung der Ergebnisse.

"What impact does Brexit have on delivery traffic between Germany and the United Kingdom? After introducing the basics of national and international delivery law, Daniel Nitschmann examines this question based on developments in German-British delivery traffic. In particular, the consequences of the reversion from the European Service Regulation to the Hague Service Convention and to the German-British Agreement on Legal Transactions of 1929 are discussed. The author is guided by the purposes that a modern right of service has to achieve. Finally, he discusses what possible solutions exist at bilateral, European and global levels in order to improve German-British delivery traffic again"-- Provided by publisher.

• Introduction
• John Carleton, the replication; or, certain vindicatory depositions
• Mary Carleton, an historical narrative of the German princess
• Mary Carleton, the case of Madam Mary Carleton
• John Carleton, the ultimum vale of John Carleton, of the middle temple
• F. B. Gent., Vercingetorixa; or, the German princess reduced to an English habit
• T. P. Gent., a witty combat; or, the female victor. a tragi-comedy
• The arraignment, trial, and examination of Mary Moders.

"Seven pamphlets related to the sensational seventeenth-century bigamy trial of Mary Carleton, who may have saved herself from hanging by her eloquent self-defense"-- Provided by publisher.

• The weapons of lawfare
• Why free speech?
• Defamation
• Privacy
• Reform?

Now a new terror has been added through misguided judicial development of the laws of privacy, breach of confidence and data protection, to suppress the reporting of truths of public importance to tell. Drawing upon the author's unparalleled experience of defending journalists and editors in English and Commonwealth courtrooms over the past half-century, the book describes the hidden world of lawfare, in which authors struggle against unfair rules that put them always on the defensive and against a costs burden that runs to millions. Law schools do not teach freedom of speech and judges in the Supreme Court do not understand it. This book identifies and advocates the reforms that will be necessary before Britain can truly boast that it is a land of free speech, rather than a place where free speech can come very expensive.

• Introduction
• Leading dates
• The trial
• First day : Thursday 25th October 1849
• Second day : Friday 26th October 1849
• Case for the defense
• Reply
• Summing up
• The verdict.

"The crime of Frederick and Maria Manning in 1849 has all the elements of a classic; the brutal cold-blooded murder of a friend for money, the discovery of a buried decomposing corpse, the escape of the couple and dramatic pursuit and capture by the police. It was a national sensation which culminated in the last public double hanging of a husband and wife, an event which shocked Charles Dickens and played a part in the later abolition of public executions. But one mystery remains – both Frederick and Maria asserted their innocence, each claiming that the other alone was guilty. Was either of them telling the truth? This new examination of the case offers a compelling resolution"-- Provided by publisher.

"Administrative Law provides a detailed and clear examination of what is a conceptually difficult area of law. Craig's thorough and contextual approach to the subject has prompted thought, discussion and understanding amongst all those interested in the subject. Craig highlights the central issues of each topic area, providing a grounding in the themes covered, before moving forward with a more detailed look at each aspect of the subject, making this an invaluable text for students and academics alike" -- Provided by publisher.

• Introduction
• Early encounters : protecting maps and atlases 1400-1700
• Enlightenment mapmaking and lawmaking Part One : the legislation
• Enlightenment mapmaking and lawmaking Part Two : the litigation
• Legal highways and byways : road books in court
• Public surveys, national maps : the rise of the ordnance survey
• Shipwrecks and copyrights : hydrographic information and the UK hydrographic office
• 'A painted sssemblage of facts' : private mapmaking in the nineteenth century
• The twentieth century : for crown and country
• Conclusion.

"This open access book explores the intertwined histories of mapmaking and copyright law in Britain from the early modern period up to World War 1, focusing chiefly on the 18th and 19th centuries. Taking a multidisciplinary approach and making extensive use of the archival record, this is the first detailed, historical account of the relationship between maps and copyright. As such, it examines how the emergence and development of copyright law affected mapmakers and the map trade and how the application of copyright law to the field of mapmaking affected the development of copyright doctrine. Its explorations cast new light on the circulation of geographical knowledge, different cultures of authorship and creativity, and connections between copyright law, print culture, technology, and society. The book will be of interest to legal historians, intellectual property scholars, and historians of the map and print culture, as well as those interested in the history of knowledge and how legal control over data has been exerted over time. It takes the reader back to the earliest attempts to establish who can own and control geographical information and its graphic representation in the form of a map. In so doing, it establishes a long history of tension between the interests of private enterprise, government, and the public. The book's investigations end in the first decades of the 20th century, but the tensions it identifies persist in the 21st century, although today paper maps have been largely replaced by web-based mapping platforms and digital geospatial data. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Australian Research Council"-- Provided by publisher.

• Early signs
• The campaign gathers pace
• Derry Irvine stands his ground
• The Government's volte face
• Picking up the pieces
• Hostilities commence
• A "Wrecking Amendment"
• A pause in the hostilities
• Hostilities are resumed
• The Commons takes over
• Plans, Designs and Micro-management
• The Supreme Court establishes itself
• No "rush of blood to the head"
• A new Supreme Court for the United Kingdom Lord Bingham of Cornhill.

"The Supreme Court of the United Kingdom has now been in existence for some thirteen years and is now taken for granted as part of the fabric of our legal system. This new edition of the book not only tells the remarkable story - full of twists and turns - of how court came to be created, but also of the repercussions which followed from the court's judgement in the prorogation case. In doing so, it taps into ra rich seam of social and political history. it also provides an up-to-date assessment, free of legal jargon, as to how the court has "performed" in the light of both the fears and expectations which greeted its arrival. The author, who has known personally some of the main characters in the story, has had a long and distinguished career at the Bar, appearing in many landmark cases in different areas of the law. His memoir: Chance, Cheek and Some Heroics was published in 2018."-- Provided by publisher.