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There have been a number of momentous changes to the law of prescription since the last major work in this area was published. The Supreme Court rulings in Morrison and Gordon's Trustees, and the forthcoming changes in the Prescription (Scotland) Act 2018 have fundamentally altered an area of law which had been broadly unchanged for over 40 years.This essential guide for practitioners discusses the law of prescription in Scotland. Topics covered include: Fundamental concepts of prescription and how it differs from limitation Prescriptive periods, suspensions and interruptions Imprescriptable rights Relevant claims and acknowledgements Fraud, error or legal disability Reparation for loss injury or damage Morrison -v- ICL Plastic and beyond The current position Contracts governed by foreign law Progress on reform of the law The Prescription (Scotland) Act 2018ABOUT THE AUTHORAndrew Foyle is a solicitor advocate and the Head of Litigation for Scotland at Shoosmiths LLP, with over 17 year's experience advising and representing financial institutions and insolvency practitioners at all levels of the Court system in Scotland. His experience in the financial sector involves both pursuing and defending claims, including secured and unsecured asset/credit recovery, regulatory issues, mis-selling claims, fraud, negligence and contractual claims. He has been involved in a number of recent high profile cases in the banking sphere and has spent periods on secondment with two major clearing banks.
Acting for members of the armed forces can be a fulfilling and technically challenging area of work. This practical guide explores the various civil claims that can be brought by members of the armed forces against the Ministry of Defence.It provides an introduction and framework for those practitioners new to military claims, as well as giving handy tips and strategic guidance to those already working in this field.This guide covers a number of key topics, including amongst others: Duty of care Clinical negligence claims Climatic injuries Hearing loss PTSD and psychiatric injury Bullying and harassment Service complaints Special damages Case management and strategyABOUT THE AUTHORAhmed Al-Nahhas studied law at Brunel University and the College of Law. He commenced his training contract as a solicitor with a firm in the City of London in 2005 and qualified in May 2007. He joined Bolt Burdon Kemp solicitors in 2011, where he is now a Partner and the Head of the military claims department. In 2015 he obtained his higher rights of audience as a Solicitor Advocate.
This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence’s failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist.With a Foreword by Sir Peter Gross (Lord Justice of Appeal).ABOUT THE AUTHORSNarita Bahra QC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita’s most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client’s best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals.Don Ramble is a specialist prosecution barrister with 20 years’ experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK.
'A Practical Guide to the Law of Forced and Incapacitous Marriages' is the go-to practitioner's guide on the UK law of forced marriages and scenarios where an individual legally lacks capacity to marry. Readers will be guided through: The framework of civil forced marriage protection orders and how they operate from start to finish, including what happens in the event of a breach. An overview of the criminal offence and its interaction with the Family Court and the Court of Protection. A detailed practical summary of the law for incapacitated/learning-disabled adults, i.e. those who are unable to decide to marry because they lack capacity to do so. Common issues and pitfalls which arise for such adults in forced marriage protection orders in the Family Court and the Court of Protection. Case summaries for adults with capacity, children, and adults who lack capacity. Practical scenarios and worked examples of forced and incapacitous marriages. Remedies for forced marriages and marriages which are voidable due to lack of capacity.ABOUT THE AUTHORAdreeja Chatterjee is a practising barrister with over 20 years experience, specialising in Court of Protection and Family Law. She is an expert in the law of forced marriages and the capacity of learning-disabled adults to marry and to enter into sexual relations. Adreeja is a popular and regular speaker on forced and incapacitous marriages. She is ranked in the principal legal journals as a leading practitioner in both fields of her practice, and sits as a deputy district judge.
The control of nuisance and anti-social behaviour has become a focus of government interest over the last few decades. English law has taken large steps forward compared with many other jurisdictions. With good planning and preparation, many types of behaviour can now be controlled or prevented. The most recent statutory help comes from the Anti-social Behaviour, Crime and Policing Act 2014 ("the 2014 Act").This guide provides legal practitioners, social landlords, the police, tenants and their advisors with a practical guide to the current law governing the control of anti-social behaviour in England and Wales using Injunctions made under the 2014 Act ("ASBIs"). In a comprehensive, yet accessible format this guide aims to help the reader navigate some of the common challenges associated with the control of nuisance in publicly and privately-owned housing and elsewhere by the use of 'ASBIs'.ABOUT THE AUTHORIain Wightwick is a barrister at Unity Street Chambers in Bristol. He is a specialist property lawyer, with particular interest in landlord and tenant issues and in general work, especially social housing with a focus on neighbour nuisance and related anti-social behaviour matters ('neighbours from hell'), housing disrepair, homelessness, general social and private sector housing law. As part of his caseload, he is often instructed to pursue claims for ASBIs and for ASB-related possession and is occasionally briefed on behalf of defendants. Many of the disputes include consideration of issues relating to disabilities and to the Equality Act. He has thirty years' experience of acting for social landlords and tenants and a reputation for creative, cost-controlling approaches to litigation and to alternative dispute resolution.
As the law differs according to whether one is in London and whether one is dealing with hackney carriages or private hire vehicles, this book focuses solely on hackney carriage licensing in London. It is intended to serve as a practical reference guide for the busy licensing practitioner, regulator in London, or anyone having an interest in the London taxi trade itself.Organised over 7 chapters it aims to provide practical guidance on the relevant law and policy and a reference of where to find further detail if required. The law is often complex and contained in many different statutes as well as in secondary legislation. The aim of the book is to assist in the understanding of that law whilst providing a reference to the source of it.Chapters include; an introduction to hackney carriage licensing; hackney carriage vehicle licencing; a chapter devoted to the important topic of plying for hire; hackney carriage drivers' licensing; criminal offences; licensing authority decision making; and appeals of licensing decisions.ABOUT THE AUTHORStuart is a barrister at 6 Pump Court and is ranked as a 'leading junior' in Licensing by The Legal 500 for 2015, 2016, 2017, 2018 and in Chambers and Partners for 2018. He is a member of the Institute of Licensing (IOL) and is holder of the Professional Licensing Practitioners Qualification (PLPQ).Stuart is well known as a licensing specialist and has real depth and breadth of experience in all licensing matters. He often acts for the United Cabbies' Group and other taxi associations in respect of taxi and PHV licensing law and practice. He recently represented the UCG (On behalf of the United Taxi Action Group) led by Robert Griffiths Q.C. in a challenge to the decision by the Chief Magistrate in June 2018 to grant Uber a 15 month licence. He regularly acts for other trade associations, both hackney carriages and private hire vehicles, inside and outside of London.He appears both at licensing sub-committee review hearings in a range of licensing cases, appeals to the magistrates' and crown courts and also at appeals and by way of case stated and in judicial review proceedings and is frequently asked to advise on all licensing matters, including local government licensing policy and relevant legislation. He represents companies, trade associations, individuals, local licensing authorities and other responsible authorities. He is a regular lecturer on all licensing matters.Alongside his licensing practice, Stuart also specialises in connected regulatory law, such as food safety, health and safety, environmental, planning and administrative law, particularly in the field of local government.
Grandparents have become more and more involved in the lives of their grandchildren yet their legal position is still vague and uncertain. This useful new guide sets out what remedies are available and what action grandparents can take should they become caught up in family breakup or disharmony. The author has represented and advised grandparents in both private and public law proceedings over many years. Topics covered include: Grandparents - the current position; Orders available to grandparents in private and public law proceedings; Permission to file applications for court orders; Acquisition of Parental Responsibility; Special Guardianship Orders; The cases of Re J (2002), Re A (2015) & Re C (2009).ABOUT THE AUTHORStuart Barlow is in the family team at Bhatia Best Solicitors. He has specialised in Family Law for over 40 years. His focus is now on representing Parents and other parties in Children Cases. He is a member of the Law Society Children Panel and Accredited Specialist with Resolution in Private Children and Cohabitation Law. He is the former Chief Assessor of the Law Society Family Law Panel and adjudicator for the Legal Aid Agency. He also spends part of his time presenting training courses for Family Lawyers throughout England and Wales.
Planning obligations and section 106 agreements have become much more prevalent in the development industry. With cutbacks in public expenditure local authorities are increasingly looking to fund infrastructure and other types of expenditure through the planning system. In this book we look at the requirements for a valid section 106 agreement and the underlying policy context. We also examine every day practical issues as to the contents of agreements and how certain issues can be resolved. Finally we consider the issue of enforcement of obligations in the event of non-compliance.ABOUT THE AUTHORSBob Mc Geady has been involved in the Planning and Local Government field for over 30 years. He initially spent 17 years working for various local authorities. In that time he has dealt with a multitude of planning matters ranging from large-scale retail and housing developments to discrete one off proposals. He moved to Private Practice in 2000 and was a partner and Head of Planning and Commercial Property in Kester Cunningham John, leading a team that deals with all aspects of commercial development. He continues to act for local authorities as well as private clients and objectors, and regularly provides training sessions for officers and members of various local authorities as well as speaking at events organised by such bodies as the Local Government Group and the Royal Town Planning Institute and MBL Seminars.Bob was an Independent Board Member of a large regional housing association and chaired a regional homelessness charity. He retains his association with Kester Cunningham John (now Ashton KCJ) as a consultant. In the Legal 500 and Chambers Directory he is rated as a leading individual for planning in East Anglia. Clients also say that he 'has a valuable insight into the attitudes and even the politics of planners'Chambers and Partners Directory said of Meyric Lewis that "What Meyric Lewis doesn't know about planning law isn't worth knowing". He is listed as a Leader at the Bar in Chambers Directory and as a Leading Junior in the Legal 500. He specialises in all aspects of planning and compulsory purchase both at inquiries and in the courts at all appellate levels. Clients range from substantial developers to public authorities and individual developers or objectors.
This book is intended to be assist commercial property practitioners who handle transactions involving licensed properties. It provides a concise overview, but hopefully, one which highlights issues of importance and when to seek further specialist advice. Areas covered include: Licensable activities under the Licensing Act 2003 (England and Wales only) The Licensing objectives Types of premises requiring a licence Personal Licences and the Designated Premises Supervisor Application procedures Planning considerations Contracts conditional on licensing (and planning) Licensing due diligence for property transactions Problems to look out for e.g. onerous conditions, the annual fee, site history etc. Impact of Insolvency of the Premises Licence Holder. Steps on completion - transfer the Premises Licence and varying the Designated Premises Supervisor Variation of licences Reviews EnforcementABOUT THE AUTHORSRanked in both Legal 500 and UK Chambers, Niall McCann undertakes all aspects of licensing and gaming and associated regulatory/planning law. He regularly appears as an advocate before courts and local authority sub-committees throughout England and Wales. He has lectured extensively on licensing matters and, in particular, specialises in advising on the impact of insolvency in respect of licensed premises.Richard Williams is an experienced gaming, licensing and regulatory Solicitor, with over 20 years' experience of dealing with licensed premises nationally (including Scotland). Richard is a higher Courts advocate and regularly appears before Committees and Courts nationally, representing a full range of clients in the retail and leisure industries. He also specialises in food safety and health and safety law, particularly where this relates to licensed premises.
How much does he get paid? What does he do to earn that sum? What do his colleagues earn? How did he get that job? What is the difference between a workplace where there is unequal pay between men and women and a workplace which has a gender pay gap? If an employer has a gender pay gap, does it mean that the women working there are getting underpaid? If an employer has a gender pay gap, does it mean that women are not getting equal opportunities to enter or progress within its workforce? How can you tell whether an organisation is reporting its gender pay gap information properly? What are the legal risks of not complying with the gender pay gap reporting regime? What are the commercial and reputational risks of not complying with the gender pay gap reporting regime? Why and how should an employer move beyond compliance to best practice in closing its gender pay gap?In this book, I set out to answer these and other related questions comprehensively, directly, and practically. As a barrister and working woman who has specialised for 20 years in employment and equality law, who is also a company director and a political activist, I have tried my best to write a book which will be useful and readable not only for qualified practising lawyers, such as solicitors in private practice, in-house solicitors, general counsel and barristers, but also for human resources directors, payroll staff, executive officers of companies, non-executive board directors, auditors, workers, and young people planning their careers, who aspire to understand the gender pay gap inside their own organisations and across the British labour market.A Practical Guide to the Law of Gender Pay Gap Reporting covers: The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 The cultural, moral and legal origins of equal pay for equal work The Equal Pay Act 1970 The Equality Act 2010 The role of the Equality and Human Rights Commission Beyond Compliance to Best PracticeABOUT THE AUTHORHarini Iyengar was called to the Bar in 1999, as a seven-months-pregnant, young, single mother. She has now spent 20 years practising Employment, Public and Commercial law at 11KBW Chambers, and is ranked as a leading barrister in Employment and Education law in the legal directories "Chambers & Partners" and "Legal 500". Harini is a Governing Bencher at the Honourable Society of the Inner Temple and sits on the Steering Group of the Temple Women's Forum and the Bar Council Retention Panel of the Equality Committee. As a legal expert, she gave evidence to the House of Commons Inquiry into high heels and workplace dress codes, and is a regular commentator on television, radio, newspapers, magazines and online.Outside her professional practice, Harini is an Independent Governor of London Metropolitan University. In 2015, she became a founding member of the Women's Equality Party, and is now an elected National Spokesperson and Member of Policy Committee, who has stood for Parliament, the Greater London Assembly, Hackney Mayor and two local council seats. Harini is the lone parent of three children.
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