Books published by Law Brief Publishing

This brief practical pocket guide gives a comprehensive overview of the fundamentals of the law of armed conflict. It is intended equally for students, lawyers, and members of the armed forces.

Financial services claims arise out of a variety of financial products and services which have been provided in unsuitable or inappropriate ways and ultimately caused significant loss to the customer. The development of more innovative financial products and the gradual opening of access to these to increasingly smaller businesses and, eventually, individuals has led to the recent expansion in litigation.The purpose of this brief practical guide is to discuss the specific intersection of the laws of tort and contract with financial services and where this gives rise to claims against financial institutions and professionals. The text assumes no more than a practical knowledge of tort and contract law and no pre-existing knowledge of financial services law and regulation.ABOUT THE AUTHORChris is a solicitor-advocate practising in London specialising in professional negligence litigation with a particular focus on financial services claims for individuals.

This brand new title demystifies the mediation process in a thoroughly practical way for those who are new to mediation, including lawyers, advisers, parties and students.The author, a solicitor and accredited mediator, draws upon his extensive experience of thirty years as a commercial litigator and over twenty years representing clients in mediations, to offer practical advice and set out the relevant law and procedure with working precedents.The book covers:• An introduction to mediation• The anatomy of mediation• When to mediate• Mediator selection• Preparation for mediation• Practical arrangements• The mediation day• Documenting the deal• And what to do if it all falls apartWith precedent mediation and settlement agreements, the position paper, a full checklist, a summary of the court rules, protocols, court guides and case law.

The law on recovery of damages in wrongful conception, wrongful birth and wrongful life cases has been treated as settled for some time following the cases of McFarlane v Tayside Health Board [2000] 2 A.C. 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530, Rees v Darlington Memorial Hospital NHS Trust [2004] 1 A.C. 309 and McKay v Essex Area Health Authority [1982] Q.B. 116.This book takes an in-depth look at those key cases and their application in practice. There do also remain unanswered questions regarding the limits of recovery in these areas: this book provides an insight into those potential areas for development, as well as exploring the approach taken in foreign jurisdictions and examining recent UK cases in these areas in detail.ABOUT THE AUTHORRebecca Greenstreet was called to the Bar in 2013 and is a personal injury and clinical negligence specialist. She is a member of Hardwicke chambers and lives in Sydney, Australia.During her time in practice Rebecca acted for both claimants and defendants in clinical negligence matters and in all aspects of personal injury, including road traffic accidents, fraud, occupiers' liability, employers' liability, historic sexual abuse, industrial disease and inquests. She regularly appeared in costs matters arising in such claims, including both QOCS and fixed costs arguments.Rebecca has a keen interest in medical ethics, previously volunteering for the Patient Advisory Liaison Service which provided a complaints resolution service within a busy and struggling hospital. She read Law at St Hugh's College Oxford before undertaking a Masters Degree in Health Care Ethics and Law at Manchester University. Rebecca's postgraduate dissertation provided inspiration for this book, exploring whether the law governing awards for child rearing costs in wrongful birth and wrongful conception claims was satisfactory.

This book cuts a path through the rules of the Financial Ombudsman Service (or 'FOS') with practical guidance to the law and procedure of FOS complaints. It provides an indispensable guide for lawyers navigating such complaints, and for those who wish to challenge FOS decisions before the Courts. It also addresses the difficult area of how FOS complaints interact with Court procedures.ABOUT THE AUTHORSAdam Temple is a barrister at 4 Pump Court, specialising in financial services law. He regularly appears for the Financial Conduct Authority in regulatory cases, and for banks, IFAs and insurance companies in all manner of disputes. He has particular expertise in FOS claims and is regularly instructed to advise on matters of systemic interest to his clients. He has appeared for an Interested Party in a judicial review of a FOS decision.Robert Scrivener is a barrister at 4 Pump Court. He routinely acts in banking and financial services disputes, particularly appearing for insurers, banks and other authorised firms. He has been instructed on a number of cases arising from FOS decisions, and is often instructed in disputes giving rise to issues under the Financial Services and Markets Act and the FCA Handbook.

HMO law has become a hot topic in recent years with Council's licensing powers increasing evermore, the burden of the management regulations and the new regime of civil penalties for HMO breaches. In addition, defining what is and isn't an HMO is no easy topic. Having an HMO might increase rents but can also increase the risk of Local Authority prosecutions for both landlords and managing agents.This easily digested book is written primarily for lawyers but with professional investors and managing agents in mind as it goes through issues found in practice, the current state of the law and potential arguments in cases.Of the making of HMO law there is no end.ABOUT THE AUTHORJulian Hunt has defended HMO cases across the country. He has dealt with issues concerning licensing, management regulation breaches and whether HMOs are compliant with fire safety legislation and local council policies. He has worked with managing agents, landlords and professional investors along with planning consultants. He is a barrister of thirteen years' call and was a Senior Crown Prosecutor in his early years. He has a website at https://housing-act-prosecution-defence-barrister.co.uk/Julian was educated at Cambridge University and is a Lincoln's Inn Lord Denning award winner and lives in London.

The second Jackson report of July 2017 introduces the idea of further fixed costs into all areas of personal injury, as well as further tariff fees in road traffic claims, fixed costs in clinical negligence, and fixed costs in multi-track cases. These changes are likely to come into effect in October 2018/ early 2019 together with additional changes to the small claims track limits.This book aims to be a clear but comprehensive guide to all aspects of the 2018/2019 Jackson reforms that can be utilised by practitioners on a day-to-day basis, in Claimant and Defendant practice. This book has a focus on running personal injury cases in an efficient way, post-Jackson, spotting the winners and vetting the losing claims early on. The book explains the changes in a clear and comprehensive way and explores how to overcome/mitigate the changes in practice.ABOUT THE AUTHORAndrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, with a particular interest in cases involving alleged fraud, credit hire, highways, occupiers and travel cases. Andrew is also a Director of BSB Entity Barrister-Direct which specialises in all areas of personal injury.

For many years, the law in the UK on consent was singularly out of step with other Commonwealth jurisdictions. Now the recent decision of the Supreme Court in the case of Montgomery v Lanarkshire Health Board has clarified the position in the UK and firmly recognised the rights of the patient in this area of the law. The Supreme Court has at last recognised the right of the particular patient to make informed choices about their own health care, that information disclosure to patients should be treated differently in law from issues relating to diagnosis and treatment, and therefore that in law the professional practice test is not an appropriate test to be applied in information disclosure cases. The case has had far-reaching implications for many, and has led to the introduction of a patient-focused test to the law on consent, and a change in practice.This book is intended equally for students, lawyers, doctors and other members of the health care professions. It sets out in full, the legal arguments advanced through the various stages of Montgomery v Lanarkshire Health Board to its final conclusion in the Supreme Court. It analyses the law on consent prior to the Supreme Court decision in Montgomery and the arguments made in Montgomery in the Scottish courts and the Supreme Court and also considers how the decision has been interpreted by the courts since. In addition there is analysis of the law on consent in other jurisdictions, particularly Australia and Canada. The Supreme Court specifically endorsed the twofold test in the Australian case of Rogers v Whitaker. It is suggested the approach found in these jurisdictions holds the key to understanding how the Supreme Court wished to develop the law on consent and the test to be applied. Those who wish to advance and develop the law in the UK should be familiar with the decisions of those jurisdictions.ABOUT THE AUTHORLauren Sutherland QC called to the bar in 1996 and took silk in 2016. Since being called to the bar she has specialised in clinical and professional negligence, and human rights issues in medical law. She is ranked in both Chambers UK and the Legal 500 for clinical negligence (Band 1). She has written and lectured extensively in the area of personal injury and clinical negligence. For many years, she taught 'consent' to dental and medical students. She was part of the legal team in the land-mark case of Montgomery v Lanarkshire Health Board [2015] UKSC 11.

Mediation is an art not a science. It is for conversations not forced conversions. A process for problems and possibilities. As a process, it can be taught, learned, and applied. It is a tool, one of many, for people to use or abuse at their pleasure, or in their ignorance, as they interact with others. It is international and universal, the product of at least three millennia of human refinement.Like those who choose, or are required, to engage in it - mediation is diverse; it can be provided in a rainbow of formats and with every degree of (in)formality. Perversely, mediation is capable of being gallingly run yet finding glittering success; or of being brilliantly run whilst seemingly producing no tangible progress.To understand mediation is easy: it is analogous to painting, shoes, and dinner parties. To learn basic mediation skills is also easy: every person, excusing sociopaths, already has the ideas of mediation hard-wired. To manage a mediation well is less easy: but with thought and practice it is something that most genuinely neutral and sufficiently interested people can be trained to do. To use mediation effectively, though, can be challenging: advocates and advisers have much to learn.This manual is intended to guide mediators (new and old, neutral and bold), advocates, advisers, and students on the path to know and apply mediation skills, and to use the tools to internationally accepted standards. It provides a full knowledge of facilitation and evaluation, and acts as a course reference work for those studying mediation in many jurisdictions. It is also intended to be an enjoyable and informative essay on human interaction and one of the myriad means that can be adopted to resolve disputes.The authors have crafted it as the source book for the training courses run by the leading faculty in the subject, that of the Society of Mediators, in the United Kingdom and around the world. But it offers much more than a manual for teaching: it is the collective wisdom of more than fifty years of mediation experience from the faculty, and as such is a timeless piece for all those interested in using, choosing, or carousing mediation.ABOUT THE AUTHORSAn expert mediator with a better than 95% settlement rate, Jonathan Dingle FRSA shares his internationally-known expertise gained over some three decades as mediator to the Elite Panel. A leading mediator trainer working from South Africa to New Zealand and India to Ireland, JD has been instrumental in the development of mediation in this country and especially the West Indies, where he is an Honorary Member of a number of Associations. He is a Member of the Chartered Institute of Arbitrators and a Fellow of the Association of Arbitrators (South Africa).As a former Naval Officer John Sephton held senior positions in Human Resource Management within Career Management, Learning & Development and Strategic Workforce Planning. As a mediator his practice is focused upon workplace and employment and he is familiar with the wide variety of disputes that can occur in that environment, ranging from breakdowns in communication to bullying & harassment. He is a Chartered Fellow of both the Chartered Institute of Personnel and Development and the Chartered Management Institute.

Claims for injuries caused by animals are often challenging for even the most experienced personal injury lawyer. This detailed and practical guide covers all aspects of this specialist area, including claims based on strict liability under the Animals Act 1971 and on the various causes of action at common law. It is aimed at lawyers and others whose work covers this field such as insurers and experts, and contains a wealth of guidance which will assist both the newcomer and the experienced practitioner alike.ABOUT THE AUTHORJonathan Hand has over 20 years' experience as a practising barrister in Personal Injury and Clinical Negligence work. He has a particular specialism in equine and other animal related litigation, and is well-known for his expertise in this area. He is regularly instructed on behalf of both claimant and defendant clients in claims arising out of personal injury caused by animals, and he has also written and presented extensively on this topic. Jonathan is ranked by Chambers & Partners and by The Legal 500 as a leading junior in both Personal Injury and Clinical Negligence.

A clear but comprehensive guide to all aspects of the holiday sickness claims process that can be utilised by practitioners on a day-to-day basis, in Claimant and Defendant practice. This book has a focus on running a holiday sickness claim in an efficient way post-Jackson, spotting the winners and vetting the losing claims early on.The new edition for 2017 contains updates on Wood v TUI and cases since Wood including updates on tour operator tactics, part 35 questions, medical experts, causation issues and dealing with denials of breach of duty.ABOUT THE AUTHORSAndrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, with a particular interest in cases involving alleged fraud, credit hire, highways, occupiers and defective premises cases. He was previously Head of Litigation and In-House Solicitor Advocate at a claimant personal injury firm with over 50 staff.Ian Skeate joined Clerksroom in January 2010 after practising from St Johns Buildings, Manchester since 2003. He has particular expertise in Personal Injury, Professional Discipline and Regulation, Employment and Costs. Ian is based in Manchester but his practice extends throughout the country especially in London.

A practical guide on how to put together a claim in a 1975 Act application by an adult child. While it concentrates on claimants, it should also be of assistance to those defending a claim, whether they are executors/administrators or beneficiaries. It is intended to be helpful to legal practitioners without specific experience in this area of the law, but should also be helpful to potential claimants or defendants who are considering acting in person.ABOUT THE AUTHORSheila Hamilton Macdonald is a sole practitioner barrister based in the Midlands. She specialises in family property cases, including disputes between cohabitees, ancillary relief on divorce, inheritance issues and contested probate. She also has a particular interest in mental health issues and their connection to property matters. As well as taking instructions via solicitors, she is also able to take instructions by direct or licensed access, and she is available for consultation by appointment in London and Leeds. Her website is www.sheilamacdonaldbarrister.com.

Advising educational establishments on their rights and responsibilities as an Employer is an increasingly complex and specialist area; particularly with the drive towards academisation, multi-academy trusts and the ever increasing legislative burden of safeguarding and governance.Based on the author's extensive experience in this area, this text provides a practical approach to advising on employment issues for Schools and academies. Aimed at all those advising clients in this sector, the text focuses on key issues unique to the sector; including: Who is the Employer? An examination of the different types of educational institutions and the intricacies unique to each. Disciplinary and misconduct issues - including safeguarding issues and the role of the barring authorities. Performance management including sickness absence; performance related pay and the statutory appraisal framework. TUPE in the Education Sector. Trade Union relations. Pensions - an examination of key areas practitioners should be aware of in dealing with the Local Government Pension Scheme and Teachers' Pension Scheme, with particular reference to restructuring.ABOUT THE AUTHORJonathan Holden a Partner, Head of Employment and Head of Education for Forbes Solicitors. He has specialised in Employment Law throughout his career. Jonathan has extensive experience in advising public sector institutions; and is a nationally recognised expert in advising on employment law issues within the education sector.He is an experienced Tribunal advocate, and regularly appears in Employment Tribunals throughout the country. He is experienced in dealing with pension loss issues, and appeared in one of the leading cases in this area in the Employment Appeals Tribunal. Jonathan is one of few experts nationally on LGPS and Teacher's Pension issues; and he is currently dealing with a Court of Appeal case dealing with gross misconduct in the Education sector. He commonly deals with complicated discrimination and whistle-blowing cases. In addition, he is experienced in dealing with both the non-contentious and contentious implications of the Transfer of Undertakings (Protection of Employment) Regulations and advises clients on these issues both internally, and at Tribunal if necessary.In addition, Jonathan presents seminars to clients on all aspects of Employment Law and provides bespoke in-house training to meet client demand. He also regularly comments on Employment issues to local media and radio as well writing for and on the education sector; and has recently been retained by a national training provider to train lawyers on employment law issues within the education sector.

This book is intended as guide for those who have to engage with the issue of certificates of lawfulness. It is written from a practical point of view breaking down each aspect of the process from identifying the breach through to either drafting a certificate or crafting reasons for refusal. Each chapter explains the relevant law and then concludes with a checklist to enable either the applicant for a certificate or the decision maker to check their progress against the statutory and case law requirements.It will be of assistance to those who either regularly or infrequently engage with this process and is intended as an easy aide memoir to enable them to progress a certificate of lawfulness matter.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'

A no-nonsense, practical guide on how and how not to run a law firm, examining why so many solicitors struggle in business, and how you can avoid the common mistakes and attitudes that lead to lack of growth or failure.ABOUT THE AUTHORBettina worked at the European Patent Office before qualifying as a solicitor in 1987. Specialising in litigation and employment she worked for a large multi office law firm becoming a partner in 1989. Her first role as partner was to set up a human resources department for the firm which she continued to head for over 25 years. In 2002 she was appointed managing partner with responsibility for all aspects of the business, a role she successfully carried out for 13 years.Over the 30 years in private practice Bettina has helped her many clients develop the strategy for their business as well as advising on how best to deal with day to day issues. Drawing on her knowledge and first-hand experience of running a business including best financial management, staff communication and management, successful marketing campaigns and developing and implementing business development; her strength lies in her ability to offer clear and constructive help and support.

With an explosion of interest in the technology from private and commercial users alike, the proliferation of drones in the coming years is set to generate some novel disputes concerning privacy, overflight rights, safety, insurance, finance and nuisance, amongst other things.This book should satisfy the needs of the professional reader but is also pitched at drone users and their professional advisers to help them navigate the rapidly-developing laws and regulations governing drone use. Topics covered include: Regulations covering commercial and private use Data protection and privacy Property/trespass Negligence, nuisance, contract and other damage claims Insurance Intellectual property issues Employment threats and opportunities Criminal activity Likely changes in regulation An overview of unpiloted flight to date Civilian drone application rollout globally Delivery drones, emergency services, media and the arts Practical Guides to recreational Flying and how to become a professional drone pilotABOUT THE AUTHORSRufus Ballaster leads Carter Lemon Camerons LLP's commercial property team. He has contributed to many journals and been a co-author of the Landlord and Tenant Factbook. He also lectures, leads seminars on commercial property issues and serves on panels with major course providers.Andrew Firman is a partner in Carter Lemon Camerons LLP's corporate & commercial team. His employment practice covers both contentious and non-contentious work for both employers and employees. His corporate and banking practice concentrates on contractual and advice work given mainly to SMEs and charities.Eleanor Clot became a Drone Regulation Expert while working for over 8 years in the UK and EU drone industry, most notably as the Operations Manager for EuroUSC, the world's first independent drone assessment and accreditation qualified entity. She has also worked as a paralegal and is embarking on training as a solicitor at Trowers & Hamlins LLP.