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This book explores the specialist area of cryptocurrency in the context of matrimonial finance proceedings. The work is split into two parts. The first part provides a comprehensive primer on cryptocurrency and blockchain technology. It explains what cryptocurrencies are, how they are held by their owners, and how blockchain technology works. This part also considers the legal status and current regulatory treatment of cryptocurrency in England and Wales. The second part provides an overview of financial remedies and the distributive principles applied by the Family Court in matrimonial finance cases. It analyses the current case law on cryptocurrencies as a variety of 'property', before exploring issues that practitioners may face when encountering crypto-assets in litigation. This includes the challenges of valuing, tracing, and freezing cryptocurrency, as well as disclosure considerations. The work includes an overview of the principles relating to 'self-help' disclosure and associated criminal offences pursuant to the Computer Misuse Act 1990 and the Data Protection Act 2018. It also contains a summary of HMRC's current guidance on the taxation of crypto-assets for individuals. This title is included in Bloomsbury Professional's Family Law and Cyber Law online services.
Cyber Litigation: The Legal Principles brings together the existing legal principles in this rapidly developing area of law whilst at the same time considering the latest challenges facing practitioners and corporate advisers. The authors have surveyed the legal landscape to identify bespoke approaches to the issues involved. The book looks at the most common causes of action in cyber litigation, including 'cybercrime', IP, data protection breaches, and conflict of laws considerations. It analyses the situations where cyber-related litigation requires a new approach and looks at the remedies available. It covers cyber litigation and regulatory enforcement action, as well as alternatives to litigation such as the NCA Prevent scheme, Deferred Prosecution Agreements and Civil Recovery. It describes situations where arbitration or mediation are mandated, as well as online dispute resolution and technology powered alternatives to traditional determination. Readers will benefit from the use of flowcharts, tables, checklists and case studies to provide a clear understanding of the processes involved, as well as legal analysis of significant cases, an insight into what constitutes 'data', and legal analysis and commentary on potential legal arguments that may arise in cyber litigation. Cyber Litigation: The Legal Principles is an essential title for all practitioners involved in commercial disputes, information technology professionals, data protection officers, compliance staff and technologists with a legal interest.
Longlisted for the 2022 Inner Temple New Authors Award “an impressive book... a pleasurable and, at times, compelling read... an ambitious project, but...skilfully realised” The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution. The book is divided into five parts which look at: - The definition of forced marriage, setting out the law and types of forced marriage in seven sections: prevention; punishment; remedies following a forced marriage; forced marriage and human rights; honour-based forced marriage; forced marriage involving vulnerable individuals and those lacking capacity; and organised exploitation and marriage for immigration purposes. - The law and procedure in the family jurisdiction, including both matrimonial and protective remedies - The procedure and relevant law for bringing and defending forced marriage related prosecutions in the criminal jurisdiction - The law, procedure and relevance of Court of Protection proceedings - Matters of best practice Forced Marriage Law and Practice helps the reader to access the relevant law, and includes summaries of applicable law (both international and domestic), all in one text, facilitating a holistic approach to cases of forced marriage. This is an essential title for family, crime and Court of Protection practitioners, as well as for other legal advisers and representatives, CPS lawyers, local authorities, human rights organisations, charities, students and academics.
1KBW on International Child Abduction is a guide to the practice and procedure in international child abduction proceedings, in particular applications under the 1980 Hague Convention. It provides guidance as to the law of England and Wales and relevant international law in child abduction cases, as well as the procedures for making applications in the High Court and for pursuing appeals in the Court of Appeal and the Supreme Court. It condenses a large body of case law and international instruments into a digestible format, so that practitioners have all the tools needed for day-to-day practice in one place. 1KBW on International Child Abduction provides: - Flow charts to explain key legal principles and procedural steps, as well as diagrams which summarise important cases - A dedicated section on the 1980 Hague Convention, with individual chapters devoted to key principles such as rights of custody, habitual residence and the relevant 'defences' to applications for a summary return order - Chapters pertaining to the 1996 Hague Convention and applications under the inherent jurisdiction - Practical guidance about the procedure for making applications in the High Court, such as: how to make urgent without notice applications; the criteria for obtaining different types of Tipstaff orders; and when to seek specific orders for disclosure to assist in tracing a child - A summary of Covid-19 guidance Legislation and guidance covered includes: - 1980 Hague Convention - 1996 Hague Convention - Child Abduction and Custody Act 1985 - Family Law Act 1986 - President's Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings 1KBW on International Child Abduction is aimed primarily at practitioners who already specialise, or are looking to specialise, in international child abduction. It can also be used as a reference tool by all family practitioners and those who have an interest in the subject.
This third edition is updated and features new chapters on the Child Support Act and the new law on domestic violence and homelessness. It offers new material on increasingly important issues such as negative equity, transfer of tenancies, domestic violence, homelessness, cohabitation contracts, child support assessments. Valuable precedents are also provided, including a framework cohabitation agreement and a declaration of trust for co-owners of freehold property. The text is divided into two parts, dealing firstly with ongoing relationships and then with relationship breakdown.
Full of tips, case studies, tables and checklists this new title sets out the parameters of liability in respect of potential and actual cyber insurance claims and examines the significant areas where such claims will have the greatest impact. Covering First and Third party insurance, it provides the answers to questions such as: What is the extent to which a data breach can be protected or mitigated against by having suitable insurance in place? How does having insurance interplay with obligations under the GDPR? To what extent can insurance be used to safeguard driverless cars, drones and other AI-machines? How can insurance companies assist when hackers hold companies to ransom after stealing data? How can insurance assist with smart contracts on the blockchain and for potential coding errors? How can insurance mitigate against the hacking of online systems of manned ships?
AI on Trial follows the same process as a High Court trial, and in so doing it takes an innovative approach to the most innovative of technological areas. Addressing the current state of artificial intelligence and the law, the book identifies why the technology should be 'placed on trial' and presents relevant evidence, before passing 'judgment' and proposing a Manifesto for Responsible AI and a blueprint for an ethical, legal and regulatory framework. The 'trial' examines such questions as: -Should AI, a computer technology, have rights and responsibilities? -What are the legal and ethical issues created by the implicit bias of coders and data sets? -Is AI racist? -Do we need a Hippocratic Oath in AI? -Could AI lead to a data war to end all wars? -Can we trust AI? Readers will benefit from understanding the necessary considerations in formulating any legal framework and will come to recognise the role of any such framework, not only in preventing harm, but in supporting growth and technological advancement. Written from the viewpoint of practitioners, academics and journalists, this is an essential title for all information and technology law practitioners, in-house counsel, data protection officers, company directors, finance directors, academics and students. Technologists, regulators, legislators and journalists interested in getting to grips with the issues presented by AI will also benefit. This title is included in Bloomsbury Professional's Cyber Law online service.
Child protection made simple: the plain-speaking guide for all those concerned with the protection of children. Providing a clear and uncomplicated route through the child protection process. Diagrams and charts are included to aid understanding; jargon and acronyms are only included in order to explain them and key court decisions are explained in their proper context. In addition to coverage of local authority safeguarding duties and investigations, parental responsibility, wardship and the inherent jurisdiction and secure accommodation, new content in this edition includes: A chapter on special guardianship, helpful for those who find themselves involved in legal proceedings without access to legal aid, such as grandparents Developments in cases involving: Radicalisation Adoption Children or parents who are nationals of a foreign country The introduction of the Child Arrangements Programme for private law