Reviews for Family Provision Law and Practice

The average rating for Family Provision Law and Practice based on 2 reviews is 3 stars.

Review # 1 was written on 2021-02-07 00:00:00 Ira Tumblin ONE HELPING OF TORT Once again, the Sweet and Maxwell Common Law Library have produced a new edition of an incomparable work of art as far as an explanation of the Law of Negligence is concerned. The work highlights the massive advantages the Common Law Library publications have over any competition in their specific fields. Much of what I write here covers all the individual titles in the Library series and, if you are new to the Common Law Library, introduce yourself to the library immediately whether you are an academic or a practitioner! Like “Chitty on Contracts”, in my view, Charlesworth & Percy is one of the cornerstones of the Common Law Library of which there is nothing comparable. I have had clients (and I expect you have, too) who ask me: “where is the law actually written down?” Well, the answer is clear – the Sweet and Maxwell Common Law Library. Ok, so you have Halsbury’s Laws of England but I have always found it an exasperating series of volumes to search for information whereas Charlesworth & Percy is relatively easy to read and cross-refer to. The only problem is that it is not on the internet or available on CD unfortunately. The essence of the publication is that it is easy to read and to handle when conducting a search – legal information which the busy barrister is always in need of, at his or her fingertips, whilst the client glowers in the chambers waiting room. Charlesworth & Percy: the new eleventh edition So what has been included in this new edition? The following: • A completely updated chapter on Rylands v Fletcher following recent House of Lords decisions; • A discussion of psychiatric injuries and damages after Hartman and other cases in the Court of Appeal; • A new House of Lords decision concerning animals (Mirvahedy v Henley) which sets out what the Animals Act states in a similar fashion to Clerk & Lindsell; • Various updates on liability issues for solicitors, counsel, local authorities, the police, medical personnel and employers; • An exploration of further developments and implications in recent causation cases including Chester v Afshar and Gregg v Scott; • Recent examples of breaches of statutory duty under the new Regulations; • Specific case law updates for recent decisions in the area of negligence. The merits of Charlesworth & Percy There are additional merits for this specialist work including: • It sets out the general principles covering duty of care, liability and causation in detail; • It deals with both the standard of care in different situations and areas where strict liability applies; • It explains what remedies may be available, including damages; • It focuses on both established areas and developing areas such as psychiatric injuries; • It provides an essential reference for every negligence case whether it is to do with personal injury, property or product liability; • It aids the practitioner in establishing whether a duty of care exists and if it has been breached, and gives quick access with confidence as to whether a cause of action exists or not; • The updates explain new statutory duties so you can evaluate how recent changes can be applied; • It shows how the principles work in specific situations, with a detailed analysis of case law, and it lays out the implications of new developments which may assist with a particular brief newly arrived in chambers; and • It covers both United Kingdom and Commonwealth jurisdictions showing how the law of negligence has been applied in multiple jurisdictions. The contents of Charlesworth & Percy There are so many reasons why practitioners, academics and undergraduates need a work such as Charlesworth & Percy. Like other Common Law Library publications in their own fields, it is the authority on the law of negligence and is frequently cited in court, covering both common law and statutory duties. Indeed, it could be said to be a favourite as far as some courts are concerned. It also has much academic comment which finds favour with examiners for those students who have taken the trouble to read the book The book has complete coverage, being structured in the following way: • General principles: the meaning of negligence; the duty to take care; principal defences and discharges from liability; damages; and proof and causation; • The standard of care: the standard of care; dangerous premises; persons professing some special skill; highways and transport; and employment at common law; • Statutory duty: liability for breach of statutory duty; • Absolute or strict liability: dangerous things – Rylands v Fletcher; animals; and product liability; • Death: death and causes of action; and • Miscellaneous matters: insurance and other compensation schemes. Foreword by Lord Justice Waller The first edition of this work appeared in 1938 and was written by Dr John Charlesworth who had chambers in Grainger Street, Newcastle upon Tyne. Lord Justice Waller’s father was a member of those chambers and he took a collection of law reports originally belonging to Dr Charlesworth to London in 1950s on taking silk. The reports contained Dr Charlesworth’s “distinct signature”, as Waller delightfully describes them, and is a collection which he is “doubly proud to maintain”. The Foreword is most touching when Lord Justice Waller continues: “…Charlesworth was a remarkable figure. It (the book) must have been an immense labour to write, from scratch, a book devoted to the tort of negligence, a book which quickly became regarded as authoritative. He would be proud that his book continues to command its place in the Common Law Library and proud that its connection with the North East survives.” Of course, Lord Justice Waller is absolutely right to pay this tribute because “Charlesworth and Percy on Negligence” achieved and continues to retain the commanding position of any work on negligence available at the present time. It is all the more important that the work emanated from the northern Circuit. Update Supplements Charlesworth & Percy is supplemented regularly so ensure you sign up for the supplements to keep as far ahead as possible with legal changes. With so much emphasis on continuous professional development these days, the updates ensure that you, as practitioners or students, are on top of the subject whether it is the world of negligence or the wider areas of the law of torts. For practitioners and academic alike, this book is a must. This is a standard works par excellence, and will remain so –there is no competition which comes near it for detail or ease of use. PHILLIP TAYLOR MBE LL.B (Hons) PGCE Barrister-at-Law. Richmond Green Chambers.

Review # 2 was written on 2021-04-27 00:00:00 Darrell Fann THIS IS THE PREMIER AUTHORITY FOR 21st CENTURY CONTRACT LAW Without question, this is the premier book from the complete Sweet and Maxwell Common Law library of practitioner publications. Easily described as the undisputed heavyweight in all senses, it has comprehensive coverage, scope and detail in contract and agency law. This edition has been extensively updated and incorporates new legislation and many recent cases. It is also a great book for students who wish to gain a ‘First’, and for academics and commentators conducting research. In two volumes, “Chitty on Contracts” continues to provide a complete coverage of the law of contract, incorporating detailed reference to relevant legislation and cases. Volume 1 deals with General Principles applicable to every kind of contract and Volume 2 covers Specific Contracts such as Sale of Goods, Construction and Credit & Security. The key benefits from this new edition are: • An extensive updating of contract law itself incorporating new developments such as the Contracts (Rights of Third Parties) Act 1999, the Enterprise Act 2002, and the Sale and Supply of Goods to Consumers Regulations 2002 • Newly revised chapters cover Crown, Public Authorities and the European Union; restitution; and restrictive agreements and covenants The New Law Journal described Chitty as ‘overwhelming in its scholarship’, and ‘humbling in its ambit’ – choice phrases which reflect the expertise of this eminent team of contract lawyers who will be familiar to both students and practitioners alike as household names for our profession. Many practitioners welcome the use of a range of experts to observe developments in this area of substantive law. The Practitioners’ Favourite Chitty still remains the practitioners’ favourite as few chapters have remained unchanged with the new edition. For the busy civil advocate, it is an invaluable source for all academic and judicial references. The work remains of the highest calibre as contract law enters the 21st century. We have much to thank Joseph Chitty for his perseverance in 1826 when the first edition saw the light of day as a modest start to the bedrock of common law. There is really nothing that can compare with this learned work - it maintains the highest of standards in the most fundamental area of common law. PHILLIP TAYLOR MBE LL.B (Hons) PGCE Barrister-at-Law Richmond Green Chambers