Trusts Law

Trusts Law

Author: Graham Moffat

Publisher: Cambridge University Press

Published: 2005-09-29

Total Pages: 1110

ISBN-13: 9781139445283

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With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.


Palm Tree Justice

Palm Tree Justice

Author: Shane Drumgold

Publisher:

Published: 2011

Total Pages: 376

ISBN-13: 9780646567723

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Drumgold chronicles the bloody and violent civil war in the Solomon Islands in the 1990s and the intervening actions of Australia in July 2003. This is the first story of Solomon Islanders squashed under the Regional Assistance Mission juggernaut.


Wrongs and Remedies in the Twenty-first Century

Wrongs and Remedies in the Twenty-first Century

Author: Peter Birks

Publisher: Oxford University Press

Published: 1996

Total Pages: 362

ISBN-13: 9780198262923

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When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyer's main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after-thought when in fact it is the issue of remedies which is a constant and ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's leading specialists, brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principal issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best-known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah, who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition. Not for the first time, Professor Atiyah thinks the unthinkable.


Deborah

Deborah

Author: Fuchsia Pickett

Publisher: Charisma Media

Published: 2001-03-01

Total Pages: 98

ISBN-13: 1616381299

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DIVThe SpiritLed Woman Bible Study Series is designed to inspire women to study the Word of God. This popular series includes this study book on Deborah and study books on Ruth and Esther: These exciting twelve-session books are ideal for group study. /div


Legal Lexicography

Legal Lexicography

Author: Dr Máirtín Mac Aodha

Publisher: Ashgate Publishing, Ltd.

Published: 2014-12-28

Total Pages: 361

ISBN-13: 1472407199

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Legal lexicography or jurilexicography is the most neglected aspect of the discipline of jurilinguistics, despite its great relevance for translators, academics and comparative lawyers. This volume seeks to bridge this gap in legal literature by bringing together contributions from ten jurisdictions from leading experts in the field. The work addresses aspects of legal lexicography, both monolingual and bilingual, in its various manifestations in both civilian and common law systems. It thus compares epistemic approaches in a subject that is inextricably bound up with specific legal systems and specific languages. Topics covered include the history of French legal lexicography, ordinary language as defined by the courts, the use of law dictionaries by the judiciary, legal lexicography and translation, and a proposed multilingual dictionary for the EU citizen. While the majority of contributions are in English, the volume includes three written in French. The collection will be a valuable resource for both scholars and practitioners engaging with language in the mechanism of the law.


Vigilance and Restraint in the Common Law of Judicial Review

Vigilance and Restraint in the Common Law of Judicial Review

Author: Dean R. Knight

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 309

ISBN-13: 1108119107

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The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.


Judicial Review

Judicial Review

Author: Mark de Blacam

Publisher: Bloomsbury Publishing

Published: 2017-05-25

Total Pages: 1250

ISBN-13: 1526502763

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Judicial Review, Third Edition covers the grounds for review, defences to an application, the remedies and procedures involved and covers the Rules of the Superior Courts 2011, SI 691/2011. It includes cases such as article 40 inquiries (habeas corpus applications) and references to the European Court of Justice under article 234 TEC. It is the definitive text on judicial review available in Ireland and also of important reference in the United Kingdom. The law in relation to the reasonableness and proportionality of an administrative decision has been re-examined in the light of the Supreme Court decision in Meadows v Minister for Justice. Also re-examined is the law in relation to a decision-maker's obligation to give reasons for his decision in the light of the Supreme Court's decision in Mallak. As well as these, the book features a detailed account of the meaning and effect of a 'proportionality analysis' of a public act, indeed proportionality features prominently throughout the book in conjunction with the discussions on Meadows. There is also a detailed discussion of a court's approach to 'deference' in respect of a public act. In this new edition, the procedure chapters have been rewritten to take account of changes brought about by SI 691/2011 and SI 345/2015. Along with this a new chapter has been added on the philosophy of judicial review.


Judicial Review Handbook

Judicial Review Handbook

Author: The Hon Sir Michael Fordham

Publisher: Bloomsbury Publishing

Published: 2008-11-05

Total Pages: 1367

ISBN-13: 1847317952

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Foreword by Lord Woolf, the former Lord Chief Justice. The Judicial Review Handbook is one of the leading works in public law, an indispensable source of reference and a guide to the burgeoning case law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to the work of the Administrative Court and its procedures. But as anyone who has used the previous editions will acknowledge, it is much more than that. The completely revised and up-dated fifth edition is once again structured around 63 unique legal principles supported by a compendious compilation of sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. This edition builds on previous editions with deepened coverage of the impact on judicial review of both the Civil Procedure Rules and the Human Rights Act 1998 which, at the time of the previous edition, were both new arrivals in English law. Their impact, and the plethora of cases which explore their meaning and application, are fully analysed and evaluated by Michael Fordham, and quotations from the cases incorporated into the unique appendices of case extracts. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "It is our first port of call when we have an administrative law problem". (Lord Woolf, from the Foreword to the Third Edition) See the companion website for this book (including case synopses) at: www.judicialreviewhandbook.com.


Rights, Emergencies and Judicial Review

Rights, Emergencies and Judicial Review

Author: Imtiaz Omar

Publisher: Martinus Nijhoff Publishers

Published: 2023-07-03

Total Pages: 409

ISBN-13: 9004633758

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This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.