Common Law Library at Sweet & Maxwell

REUTERS/Amit Dave

THE COMMON LAW LIBRARY COLLECTION Sweet & Maxwell’s Common Law Library is recognised all over the world for its authority and comprehensive coverage of common law.

Find out more inside about the new editions and supplements publishing this year. sweetandmaxwell.co.uk/common-law-library

INTRODUCTION

REUTERS/Arnd Wiegmann 2

ESTABLISHED, ESSENTIAL, INFLUENTIAL With some of the biggest names in law, including Chitty, Clerk & Lindsell, McGregor and Phipson, this collection of titles provide the last word on any common law question, deciphering complex legal issues and helping you to resolve disputes.

The books are structured with general principles followed by chapters on specific areas.

The depth of analysis provided on case law, shows you how the principles have been applied and gives you guidance on how to tackle any issues that might arise.

All of the Common Law Library titles are supplemented regularly so that you have the latest information to rely on when seeking to support or defend your argument.

VISIT sweetandmaxwell.co.uk/common-law-library to find out more

3

INTRODUCTION

REUTERS/Adrees Latif 4

What YOU WILL find in this leaflet: NEW 2011 EDITIONS • New 4th Edition Arlidge, Eady & Smith on Contempt • New 17th Edition Bullen & Leake & Jacob’s: Precedents of Pleadings • New 8th Edition Goff & Jones: The Law of Unjust Enrichment • New 7th Edition Jackson & Powell on Professional Liability NEW 2011 SUPPLEMENTS • 1st Supplement to the 12th Edition Charlesworth & Percy on Negligence • 1st Supplement to the 20th Edition Clerk & Lindsell on Torts • 3rd Supplement to the 30th Edition Chitty on Contracts • 2nd Supplement to the 18th Edition McGregor on Damages • 1st Supplement to the 17th Edition Phipson on Evidence COMMON LAW LIBRARY TITLES – OUT NOW • 8th Edition Benjamin’s Sale of Goods • 19th Edition Bowstead & Reynolds on Agency • 12th Edition Charlesworth & Percy on Negligence • 20th Edition Clerk & Lindsell on Torts COMMON LAW LIBRARY ON WESTLAW UK

5

NEW 2011 EDITIONS

Arlidge, Eady & Smith on Contempt Sir David Eady and Professor A T H Smith “An authoritative overview which should be a first port of call on contempt issues.” Law Society Gazette Now in its 4th edition, Arlidge, Eady & Smith on Contempt is the leading authority on the law relating to both civil and criminal contempt.

It provides a detailed, comprehensive and authoritative discussion of civil and criminal contempt, from the history of contempt and general principles through to the latest developments in practice and procedure.

The new 4th edition includes: • Comprehensive and authoritative commentary on the subject of civil and criminal contempt • The latest developments in reporting court proceedings, taking into account the impact of the Family Procedure Rules and the Criminal Procedure Rules • Updated coverage of the Human Rights Act and Civil Procedure Rules • Discusses the issues of injunctions restricting the freedom of speech in the protection of privacy, and super-injunctions • Covers developments in strict liability contempt • Updated to include the impact of new “social media” such as “Tweeting” from court, and the capacity of the social media to undermine court orders • Covers the misuse of social media by jurors • Discusses the latest developments in practice, procedure and case law • Covers contempt in the Face of the Court and the Criminal Procedure Rules • Discusses the issue of journalists and the protection of their sources December 2011 978-0-414-04322-0

6

£289 / €420

New 4th edition

NEW 2011 EDITIONS

Bullen & Leake & JACOB’S: Precedents of Pleadings General Editors: The Hon Mr Justice William Blair, Lord Dan Brennan, QC, The Right Honourable Professor Sir Robin Jacob and The Hon Mr Justice Brian Langstaff

New 4th edition

Bullen & Leake & Jacob’s: Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case.

It offers a wealth of authoritative, structured precedents with guiding commentary across both mainstream and specialist areas of practice. This title gives a useful overview of the subject area at the beginning of each section and lists important cases and legislation you need to be aware of. With cross references to the White Book and coverage of over 103 areas of practice such as aviation and sports, this is a title you can’t be without.

The new 17th edition includes: • Two new chapters –– Competition law covers Private law High Court claims such as breach of statutory duty; Follow-on claims, appeals and reviews in the Competition Appeal Tribunal –– Construction law is split into three sections 1. Types of claims between contractors and employers 2. Types of claims brought for and against homeowners 3. Adjudication • Revised chapter on Harassment – further to the coming into force of the Equality Act 2010, and Immigration, and the substantial changes to Clinical Negligence, Product Liability, Constructive Trust and Tracing and Judicial Review • Updated case law, legislation and procedure • New or amended forms and precedents, particularly in: –– Assault, False Imprisonment and Malicious Prosecution –– Carriage by Air –– Employment Tribunal –– Conspiracy –– Bribery –– Personal Injury –– Multi-Party Actions –– Restitution –– Property December 2011 978-0-414-04775-4

£430 / €624

NEW 2011 EDITIONS

Goff & Jones: The Law of Unjust Enrichment (Formerly Goff & Jones: The Law of Restitution) Professor Charles Mitchell, University College London Professor Paul Mitchell, University College London Dr Stephen Watterson, London School of Economics “Nowhere else can such a thorough exhaustive and accurate analysis of the multifarious aspects of the law of unjust enrichment be found.” New Law Journal Whether it is thorough knowledge of the principles and practice behind unjust enrichment, or the most up-to-date case law to help build your case, all the information you need on this complex area of law is covered here in a single unbeatable reference source.

• Examines the underlying principles of unjust enrichment and the various ways a right to restitution can arise • Shows how the principles have been applied by the courts through detailed analysis of case law • Covers defences to claims in unjust enrichment, such as change of position, estoppel, bona fide purchase, limitation, illegality, etc • Discusses all the personal and proprietary remedies awarded to successful claimants such as money, judgments, trusts, liens, rescission, rectification, and subrogation • Includes clear commentary and annotated explanation on all recent case law, including important House of Lords, Supreme Court, and Court of Appeal decisions since the previous edition • Covers the key ingredients of claims in unjust enrichment –– Enrichment –– At the claimant’s expense –– In circumstances that the law deems unjust, such as mistake, undue influence, duress, failure of consideration, necessity, secondary liability, etc December 2011 978-1-847-03910-1

8

£299 / €434

New 8th edition

NEW 2011 EDITIONS

Jackson & Powell on Professional Liability General Editors: John Powell, QC and Roger Stewart, QC Consultant Editor: The Rt. Hon Lord Justice Jackson “Outstandingly accurate and comprehensive coverage of the present law and...perceptive identification of points of growth and controversy.” Law Quarterly Review

New 7th edition

Jackson & Powell on Professional Liability is the most established and authoritative work in the field of professional liability law. To ensure you have a clear explanation of the law, this edition offers chapters covering the general law around professional liability such as the duties, remedies, defences, litigation and human rights issues. Which are then followed by detailed chapters covering individual professions in turn.

• Considers the nature of professional liability • Discusses the difference between tortuous liability and contractual liability • Considers the duties and obligations of a professional, including positive duties and restrictions • Explains the nature of a fiduciary duty including unauthorised profits and undue influence • Discusses the origins of the duty of confidentiality and the continuing duty to former clients • Differentiates between limitation in contract, tort and equity • Analyses the impact of human rights on professionals • Investigates the nature and scope of Professional Indemnity Insurance • Has separate chapters on individual professionals providing commentary from the start of action through to adjudication and damages if appropriate • Discusses the FSA and financial regulation December 2011 978-0-414-04780-8

£285 / €414

9

NEW 2011 SUPPLEMENTS - OUT NOW

Charlesworth & Percy on Negligence Christopher Walton Assisted by Simon Wood, Roger Cooper and Stephen Todd The 1st supplement to the 12th edition of Charlesworth & Percy on Negligence brings the main work up-to-date with all the latest developments.

The new supplement includes coverage of three key decisions by the Supreme Court not featured in the main work: • Jones v Kaney [2011] a recent decision of the Supreme Court ending the immunity of expert witnesses • Sienkiewicz v Greif (UK) Ltd [2011] illustrating the application of the Fairchild/Barker exception in mesothelioma claims • Baker v Quantum Clothing Group Ltd [2011] in which guidance is given on the meaning of “safe place of work” and “so far as reasonably practicable” in the Factories Act 1961 Also included in the 1st supplement: • The Court of Appeal’s consideration of limitation issues arising under the Limitation Act 1980 such as Noure v Marvi, B v Nugent Care Society, AB v Ministry of Defence and Raggett v Society of Jesus Trust • Likewise recent cases discussing proof of a causative link between the claimant’s damage and a breach of duty: Keefe v Isle of Man Steam Packet Co Ltd, Vaile v Havering London Borough Council and Jones v Environcom Ltd • Analysis of the duty of care in a wide variety of factual contexts, including the duties of those in charge of prisons or places of entertainment, local authorities, private security contractors, quantity surveyors, bankers, solicitors and many more 12th Edition, September 2010 978-0-414-04015-1 1st Supplement to the 12th Edition Paperback, September 2011 978-0-414-04774-7

10

£285 / €414 £65 / €95

1st supplement to the 12th edition

NEW 2011 SUPPLEMENTS - OUT NOW

Clerk & Lindsell on Torts General editor: Professor Michael A Jones The 1st supplement to the 20th edition of Clerk & Lindsell on Torts brings the main work up to date with all the latest developments.

The new supplement, includes significant decisions of the Supreme Court in: • Baker v Quantum Clothing Group on the relationship between an action for breach of statutory duty and common law negligence in respect of a claim for occupationally induced deafness • Sienkiewicz v Greif (UK) Ltd where it was held that the Fairchild test of causation applies in a case where the claimant has also been non-tortiously exposed to asbestos

1st supplement to the 20th edition

• R (on the application of WL (Congo)) v Secretary of State for the Home Department where it was held that a “causation test” does not apply to the tort of false imprisonment • Jones v Kaney on the removal of immunity from claims in negligence of expert witnesses • A v Essex County Council - the failure for a period of 18 months to cater for the special educational needs of a child does not constitute a denial of the child’s right to education • Joseph v Spiller – in an action for defamation it is not a prerequisite of the defence of honest or fair comment that the readers should be in a position to evaluate the comment for themselves • Lucasfilm Ltd v Ainsworth And a number of important decisions which have also been handed down by the Court of Appeal: • Haugesund Kommune v Depfa ACS Bank • Co-operative Group (CWS) Ltd v Pritchard • Connor v Surrey County Council 20th Edition, October 2010 978-1-847-03796-1 1st Supplement, November 2011 978-0-414-04578-1

£335 / €486 £65 / €95

11

NEW 2011 SUPPLEMENTS

Chitty on Contracts General Editor: Professor Hugh Beale When it comes to contract law Chitty on Contracts is the best foundation on which to base any case. It provides you with the depth of insight you require, so you can confidently cite it in court.

Chitty covers contracts for every commercial situation, with specific sections on a range of contracts from agency and consumer contracts. Whenever you draft a contract, there is expert interpretation of the legal position, ensuring you have taken every eventuality into account. As you negotiate with the other party you can check that you aren’t missing anything vital, using Chitty to back up your arguments.

The new 3rd cumulative supplement of Chitty on Contracts brings the main work up-to-date with all the latest developments, including a variety of cases in key areas: • Agreement: Durham Tees Valley Airport Ltd v Bmibaby Ltd (CA) • Interpretation: Oceanbulk Shipping SA v TMT Ltd (SC) and Re Sigma Finance Corp (SC) • Estoppel: ING Bank N.V. v. Ros Roca S.A. (CA) • Correction of mistake by construction: Bashir v Ali (CA) • ‘ No reliance’ clauses: Springwell Navigation Corp v JP Morgan Bank (CA) and AXA Sun Life Services Plc v Campbell Martin Ltd (CA) • Unfair Terms: VB Pénzügyi Lizing Zrt. v Schneider (ECJ) • Champerty: Sibthorpe v London Borough of Southwark (CA)

YOUR 30-DAY SATISFACTION GUARANTEE Our customer promise means that if you are not totally satisfied with the goods you have ordered you are protected under our 30-day satisfaction guarantee. As long as the goods are returned within the 30-day period, in good resalable condition and according to our returns procedure, your order will be cancelled and you will owe nothing or will be refunded the price of the goods. Applicable in UK and Europe only.

12

3rd supplement to the 30th edition

NEW 2011 SUPPLEMENTS

• Termination: Force India Formula One Team Ltd v Etihad Airways PJSC (CA) • D amages: Giedo Van Der Garde BV v Force India Formula One Team Limited • Specific performance: Araci v Fallon (CA) • Restitution: Benedetti v Sawaris (CA) • Conflict of laws: Koelzsch v État du Grand Duché de Luxembourg (ECJ) • A rbitration: Dallah Real Estate and Tourism Co v Ministry of Religious Affairs of the Government of Pakistan (SC) • Bailment: Mainland Private Hire Ltd v Nolan (CA) • Carriage by land: Rohlig (UK) Ltd v Rock Unique Ltd (CA) • Construction: Robinson v P. E. Jones (Contractors) Ltd (CA) • Employment: Jivraj v Hashwani (SC) and Tullit Prebon Plc v BGC Brokers LP (CA) • S ale of goods: Kulkarni v Manor Credit (Davenham) Ltd (CA) and KB Bominflot Bunkergesellschaft etc & Co v Petroplus Marketing AG (The Mercini Lady) (CA) • Suretyship: North Shore Ventures Ltd v Anstead Holdings Inc (CA) 30th Edition – Volume 1 & Volume 2, December 2008 978-1-847-03866-1 £547 / €795 3rd Supplement, December 2011 978-0-414-04785-3

PLACE YOUR ORDER TODAY

VISIT EMAIL CALL

www.sweetandmaxwell.co.uk TRLUKI.orders@thomsonreuters.com 0845 600 9355 (UK) +44 (0)1264 388560 (INTERNATIONAL) QUOTING REFERENCE 0622311

£105 / €153

NEW 2011 SUPPLEMENTS

McGregor on Damages Harvey McGregor, QC McGregor on Damages provides in-depth and comprehensive coverage of the law, from detailed consideration of the general principles to a full analysis of specific areas of damages.

The 2nd Supplement to the 18th edition brings the main work up-to-date with all the latest developments including, among 75 cases annotated, the following significant decisions: • The Supreme Court in the false imprisonment case of R.(on the application of Lumba (Congo)) v Secretary of State for the Home Department decides whether vindicatory damages are recoverable for infringement of a right, the right infringed being in Lumba the right to liberty rather than the right to reputation • The Supreme Court in Sienkiewicz v Greif (UK) Ltd has endorsed an important extension to the Fairchild rule and on grounds different from the Court of Appeal • The Court of Appeal in the remarkable case of Ramzan v Brookwide Ltd ran through the whole gamut of damages arising from trespass by expropriation of land, and also came up with new angles on exemplary damages and on interest • The Court of Appeal in Co-operative Group (CWS) Ltd v Pritchard tackled the question of whether contributory negligence applies to an intentional tort • The Court of Appeal in The Law Debenture Trust Corporation plc v Electrim SA, where the damages turned on the valuation of company assets by third parties, held that, the valuation had to be made and the loss of a chance doctrine did not come into the decision • Scope of duty, remoteness, foreseeability and causation dominated in Conarken Group Ltd v Network Rail Infrastructure Ltd where the Court of Appeal held that the claimants, whose rail tracks were damaged by road drivers thereby disrupting rail services, were entitled to recover in damages the contractual compensation they had to pay the train operating companies 18th Edition, November 2010 978-0-414-04328-2

£427 / €620

2nd Supplement, November 2011 978-0-414-04776-1

£75 / €109

14

2ND supplement to the 18th edition

NEW 2011 SUPPLEMENTS

Phipson on Evidence General Editor: Hodge M Malek, QC This supplement brings the 17th edition fully up-to-date, and includes references to and comment upon the latest legal developments in the world of evidence, including the following: • Case law from the Commonwealth and other jurisdictions • Changes in legislation and procedural rules • Significant cases (both reported and unreported) from September 2009 onwards, examples of which include: 1st supplement to the 17th edition

–– HM Advocate v Murtagh (John) [2009]– disclosure of the previous convictions of the Prosecution’s witnesses and the right to fair trial under Art 6 ECHR –– R v. Horncastle and Blackmore [2009]– the admissibility of hearsay evidence –– R v Webster [2010] EWCA Crim 2819, [2011]– reverse burden of proof –– R (Adams) v Secretary of State for Justice [2011] UKSC 18, [2011] 2 WLR 1180 – meaning of ‘beyond reasonable doubt’ –– Prudential Assurance v Special Commissioners of income Tax [2010] - communications with tax accountants cannot attract legal advice privilege –– Jones v. Kaney [2011]– experts have no immunity from claims of negligence –– Warren and others v Attorney General for Jersey [2011]– abuse of process; obtaining evidence –– Coke-Wallis, R (o.a.o) v Institute of Chartered Accountants in England and Wales [2011] - estoppels arising from a judgment in previous litigation between the same parties also apply in the civil context to non-statutory disciplinary proceedings 17th Edition, December 2009 978-1-847-03606-3 1st Supplement, December 2011 978-0-414-04777-8

£323 / €469 £89 / €130

15

COMMON LAW LIBRARY TITLES - OUT NOW

BOWSTEAD & REYNOLDS ON AGENCY General Editor: Professor Peter G Watts Now in its 19th edition, Bowstead & Reynolds on Agency is an essential reference work for common law and commercial law practitioners. Frequently cited, both in the United Kingdom and elsewhere in the Commonwealth, Bowstead & Reynolds gives expert advice on agency law you can rely on.

August 2010 978-1-847-03745-9

19TH EDITION

£351 / €509

BENJAMIN’S SALE OF GOODS General Editor: Professor M G Bridge Offering a one stop source to all the elements, principles, legislation and case law surrounding sale of goods not just in the UK but internationally, Benjamin’s Sale of Goods has firmly established itself as the only title you need on sale of goods.

Its depth and coverage makes Benjamin an essential reference tool in your commercial law library.

September 2011 978-1-847-03862-3

£435 / €631

YOUR 30-DAY SATISFACTION GUARANTEE Our customer promise means that if you are not totally satisfied with the goods you have ordered you are protected under our 30-day satisfaction guarantee. As long as the goods are returned within the 30-day period, in good resalable condition and according to our returns procedure, your order will be cancelled and you will owe nothing or will be refunded the price of the goods. Applicable in UK and Europe only.

16

8TH EDITION

COMMON LAW LIBRARY TITLES - OUT NOW

CHARLESWORTH & PERCY ON NEGLIGENCE

12TH EDITION

Christopher Walton Assisted by Simon Wood, Roger Cooper and Stephen Todd When you are dealing with negligence cases, there really is only one place to turn – Charlesworth & Percy on Negligence. The new 12th edition is no exception; offering guidance on all areas of negligence covering both common law and statutory duty so you can refer to the right cases and legislation easily.

September 2011 978-0-414-04015-1

£285 / €414

CLERK & LINDSELL ON TORTS

20TH EDITION

General Editor: Professor Michael A Jones Consultant Editor: Professor Anthony M Dugdale Associate Editor: Mark Simpson, QC With an unrivalled reputation, Clerk & Lindsell on Torts covers the entire range of torts, from first principles through to negligence, defamation and passing off. Part of the Common Law Library, Clerk & Lindsell is clearly written and set out in an easy-to-use style.

October 2010 978-1-847-03796-1

PLACE YOUR ORDER TODAY

VISIT EMAIL CALL

£335 / €486

www.sweetandmaxwell.co.uk TRLUKI.orders@thomsonreuters.com 0845 600 9355 (UK) +44 (0)1264 388560 (INTERNATIONAL) QUOTING REFERENCE 0622311

17

COMMON LAW LIBRARY ON WESTLAW UK

A BETTER WAY TO THE RIGHT RESULT Smart, simple, friendly.

With Westlaw UK, you get unrivalled access to the smartest legal resources combined with the simplest and most userfriendly navigation tools, maximising your research potential.

Westlaw UK includes information on cases, legislation, news, journals, and current awareness, and also gives you access, to all twelve Common Law Library titles, as well as a vast library of other commentary titles.

INFORMATION, INTERPRETATION AND ADVICE AT THE TIP OF YOUR FINGERS Covering key topics such as contract, restitution, sale of goods and agency, the Common Law Library titles are an essential part of any legal practitioner’s library.

For many years, the world’s leading legal minds have relied on the Common Law Library for definitive interpretation of the cornerstones of our legal system. Titles available include: • Arlidge, Eady & Smith on Contempt • Benjamin’s Sale of Goods • Bowstead & Reynolds on Agency • Bullen & Leake & Jacob’s: Precedents of Pleadings • Charlesworth & Percy on Negligence • Chitty on Contracts • Clerk & Lindsell on Torts • Gatley on Libel and Slander • Goff & Jones: The Law of Restitution • Jackson & Powell on Professional Liability • McGregor on Damages • Phipson on Evidence Dicey, Morris & Collins on the Conflict of Laws is also available on Westlaw UK.

REUTERS/Christian Charisius 18

COMMON LAW LIBRARY ON WESTLAW UK

ENHANCED CONTENT AND POWERFUL FUNCTIONALITY More than just replicating the books online, Westlaw UK have added powerful tools that enhance and complement the content, making it easy to navigate and search.

We’ve kept the content exactly the same, just as you know it.

But the smart functionality and links to related material we’ve added allows you to see through the pages and access your Common Law Library like never before. Westlaw UK, truly can broaden your research.

Common Law Library functionality include: CONTENTS PAGE Contents page of the printed version has been replicated online to allow for familiar navigation LINKS TO PRIMARY LAW Jump directly to the authority you need with links to cases, legislation and journals PRINT/SAVE/EMAIL Download your documents quickly, for use off-line CONSOLIDATED VERSIONS Where available, the main work and the supplement have been merged into one consolidated text to eliminate cross-checking CHAPTER PDFS Download chapters as they appear in print, ready for presentation in court A-Z INDEX Browse directly to the letter you wish to search, without having to navigate long documents TABLES View tables of cases and legislation referred to in the text sorted alphabetically, and link directly to them SEARCH AND BROWSE Use the Common Law Library advanced search to locate a specific paragraph number or form number POP-UP FOOTNOTES View footnotes alongside the text and avoid the need to refer to the end of documents

19

HOW WE CAN HELP YOU....

SWEET & MAXWELL Established and trusted legal publisher, our portfolio includes a variety of legal books, looseleafs, journals and CD-ROMs, covering all areas of the law regardless of how niche. In each of our titles, you will find updated case law, the most recent legislative changes, commentary and analysis from the experts in the field.

For more information Visit our website www.sweetandmaxwell.co.uk to find out more.

Email: TRLUKI.orders@thomsonreuters.com Call: 0845 600 9355 (UK) or +44(0)1264 388560 WESTLAW UK Find the legal information that helps you make the difference.

Westlaw UK gives you access to vast but easily searchable databases of case law, legislation, news, journals, commentary, Current Awareness (updated every 15 minutes) and EU legal materials. For more information visit www.westlaw.co.uk For more information Should you have any questions or comments regarding Westlaw UK, please contact our Customer Training and Support Team on 0800 028 2200 or email customer.service@westlaw.co.uk LAWTEL Keeping track of the ever changing law is a difficult task. Lawtel does all the hard work for you. Providing same day coverage for the House of Lords and overnight reporting of selected cases from the higher courts, we keep you up to speed with the latest legal developments. For more information on how Lawtel can keep you informed with what’s happening today and why it matters.

Visit www.lawtel.com