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A practical, concise and easy to read handbook dealing with allegations of fraud in personal injury RTA cases. From LVI to alleged staged accidents, this book covers all the main fraud topics including relevant cases, law and practical guidance that can be used by both junior and more senior fee earners in day-to-day practice in this complex and evolving area of law. Fully updated in 2016 to include new sections in relation to: - Fundamental Dishonesty and Section 57 Update and relevant cases. The Recent Cases surrounding QOCS. Hayward v Zurich and reopening concluded settlements. QOCs and Alleged Fraud Costs Update. LVI - a more rigorous approach to litigation. The decision is Qader v Esure and Broadhurst v Tan and Costs Implications for Alleged Fraud cases. An analysis of the future of fraud litigation in practice. Updates on fraud cases and pleadings. Committal proceedings (an update).
A practical, concise and easy to read handbook dealing with allegations of fraud in personal injury RTA cases. From LVI to alleged staged accidents, this book covers all the main fraud topics including relevant cases, law and practical guidance that can be used by both junior and more senior fee earners in day-to-day practice in this complex and evolving area of law. Andrew Mckie is a Barrister at Clerksroom Manchester specialising in claimant and defendant personal injury, with a particular interest in cases involving alleged fraud and credit hire. He was called to the Bar in 2011 and before that was an Associate Solicitor and Solicitor Advocate. Before qualifying as a barrister, Andrew had over six years of advocacy experience as a Solicitor. He worked for a number of leading firms and dealt with both RTA fraud and credit hire and worked for both claimant and defendant firms. Most recently, he was the Head of Litigation and In-House Solicitor Advocate at a claimant personal injury and credit hire firm.
This book provides trade mark attorneys, in-house lawyers and private practice solicitors with practical advice on how to avoid domain name disputes in the first place and best practice in taking action when disputes do arise.
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence's failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist. With a Foreword by Lord Justice Fulford (Sitting in Retirement). ABOUT THE AUTHORS Narita Bahra KC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita's most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client's best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals. Don Ramble is a specialist prosecution barrister with 20 years' experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK. CONTENTS Introduction Chapter One - Development of Disclosure Law Chapter Two - Terminology Chapter Three - Initial, Continuing and Post-Trial Disclosure Chapter Four - Defence Statements and Witness Notices Chapter Five - Disclosure Requests Chapter Six - Disclosure in the Magistrates' Court Chapter Seven - Digital Material Chapter Eight - Expert Witnesses Chapter Nine - Third-Party Material and Redaction Chapter Ten - PII Applications Chapter Eleven - Preventing Disclosure Problems Chapter Twelve - Tackling Disclosure Problems Chapter Thirteen - Remuneration
A school exclusion is a sanction of last resort that can adversely impact a pupil's life outcomes for many years after the event. The law relating to school exclusions is a complex tangle of public and regulatory law, anti-discrimination and human rights, statutory guidance, and (in relation to independent schools) principles of commercial contract and tort. It can be very difficult to know where to start, whether challenging a decision to exclude or defending one. This book offers a practical guide to the law, and will serve as a useful source of reference for pupils and their parents, head teachers, governing boards of schools, local authorities and practitioners in this surprisingly complex and multidisciplinary area. ABOUT THE AUTHORS Charlotte Hadfield is the head of 3PB Barristers' (3 Paper Buildings) Education Team. She is a specialist in all areas of law related to education, including health, social care and employment law, and has a particular interest in exclusion and discrimination. She is listed in the Legal 500 and Chambers & Partners as a leading junior in education law. Charlotte's first introduction to education law was as a clerk for independent appeal (now review) panels. She represents excluded pupils, their parents, governing boards and local authorities before independent review panels, in the First-tier Tribunal and the County Court in claims for discrimination and breach of contract, and in the Administrative Court in judicial review proceedings. Charlotte has also appeared in education-related appeals before the Upper Tribunal and the Court of Appeal. Her clients appreciate her approachability, pragmatism and user-friendly advice in conference, and her knowledge, experience and attention to detail in hearings. Charlotte has delivered training on all aspects of education law to a variety of audiences, including parents, schools, local authorities, expert witnesses and lawyers. Alice de Coverley is a specialist education, equality, inquiries and public law barrister with 3PB Barristers (3 Paper Buildings). She regularly acts on behalf of children and young people, vulnerable adults, parents and carers, schools, local authorities, charities and NGOs, government departments including Ofsted, students, and universities. Alice has been challenging unlawful exclusion practices since she was at law school, when she was the Chief Director of the award-winning pro bono unit, the "School Exclusion Project". In 2012 the School Exclusion Project won the 'Bar Pro Bono Award'. In 2014 the School Exclusion Project was runner up in the Attorney General LawWorks Pro Bono Awards for 'Best Contribution by a Team of Students'. Alice has also helped to create a number of BBC Radio 4 programmes about school exclusions. She is also newly listed this year in both the Legal 500 and Chambers & Partners.
Indemnities have become commonplace in modern commercial contracts, with a modern commercial contract often containing numerous indemnities and using familiar expressions such as "save and hold harmless". However, few lawyers can say with confidence what such expressions mean or even what the advantage of an indemnity is over a straight breach of warranty claim. Along with their popularity in modern drafting, cases are starting to come along at an increasing rate and the courts are having to address exactly what indemnities are and what they mean in practice. Indeed, from these same cases it can be seen what the pitfalls are for the lawyer involved in drafting or negotiating indemnities in commercial contracts. While cases on indemnities go back centuries, this book focuses on the recent cases to draw out the practical implications for lawyers. There are many cases on the subject and the decisions are not always easy to reconcile, but this book tries to draw out the lessons that can be learned from the cases to demystify the indemnity and explain its practical implications. It is strange that the indemnity has become so popular while at the same time there is a dearth of academic or practical literature on the subject. This book attempts to state in a coherent fashion a modern "law of indemnities" for the modern commercial lawyer. ABOUT THE AUTHOR Richard Stephens has been in practice for some forty years, working primarily in the technology sector. He has seen the law from the angle of both a litigator and a non-contentious lawyer and brings to bear his experience in both of these fields. Richard first qualified as a barrister before moving in-house to work at two prominent IT companies in the 90's and then requalifying as a solicitor to become a partner in two City of London Law firms. He set up his own practice in 2004 and since then has worked as mediator and arbitrator in numerous cases as well as establishing himself as a trainer in the area of commercial legal subjects, including a half-day session looking specifically at contractual indemnities. He is a Fellow of the Chartered Institute of Arbitrators, of the British Computer Society and of the Society for Computers & Law (of which he is a past Chair). CONTENTS Chapter One - What Is an Indemnity? Chapter Two - Construction of Indemnities Chapter Three - Recovering Under an Indemnity Chapter Four - Scope of the Indemnity Chapter Five - Liability Issues Chapter Six - How the Law Applies to Different Types of Indemnity
The federal government wastes your tax dollars worse than a drunken sailor on shore leave. The 1984 Grace Commission uncovered that the Department of Defense spent $640 for a toilet seat and $436 for a hammer. Twenty years later things weren't much better. In 2004, Congress spent a record-breaking $22.9 billion dollars of your money on 10,656 of their pork-barrel projects. The war on terror has a lot to do with the record $413 billion in deficit spending, but it's also the result of pork over the last 18 years the likes of: - $50 million for an indoor rain forest in Iowa - $102 million to study screwworms which were long ago eradicated from American soil - $273,000 to combat goth culture in Missouri - $2.2 million to renovate the North Pole (Lucky for Santa!) - $50,000 for a tattoo removal program in California - $1 million for ornamental fish research Funny in some instances and jaw-droppingly stupid and wasteful in others, The Pig Book proves one thing about Capitol Hill: pork is king!
Advocacy in the family court has a style of its own. Yet there is little training or instruction for the lawyer who has a heart to practise in this area. This handbook provides assistance for the newcomer to the Family Law court room. It puts together in one place useful information needed to conduct advocacy in the main areas of family law including divorce, financial applications, private and public children, injunctions and cohabitation claims. This handbook provides assistance for the newcomer to the Family Law Court Room as well as a resource for more experienced practitioners. Subjects covered include: Getting started as a Family Advocate Types of Court applications and hearings Pre-proceedings Preparation for Court hearings The Court hearing itself Fact Finding hearings Experts Cafcass and Local Authority Reports Court Bundles Litigants in Person & McKenzie Friends Position Statements & Skeleton Arguments Drafting Court Orders Appeals Enforcement of Court Orders ABOUT THE AUTHOR Stuart Barlow is a Solicitor who has practised Family Law for over 40 years. He conducts most of his own advocacy. Stuart is a member of the Law Society Children Panel, a former Chief Assessor of the Law Society Family Law Accreditation Scheme and adjudicator for the Legal Aid Agency. He presents training courses for family lawyers throughout England and Wales and is the author of three other published Law books.
On 24th December 2020, just one week before the end of the transition period, the EU and UK brokered an agreement governing extradition between the UK and the Member States. That agreement is contained in Part 3 of the UK-EU Trade and Cooperation Agreement ('the TCA'), at Title VII, and applies to those who are arrested after 2300 on 31st December 2020. The TCA substantially replicates the Council Framework Decision 2002/584/JHA, but this is not to say that extradition to EU Member States will continue almost unchanged. There are some important and potentially radical differences between the wording of the two schemes, and the potential impact of the change in legal context should not be underestimated. In 'A Practical Guide to Extradition Law Post-Brexit', the members of Temple Garden Chambers' extradition team provide a guide to the operation of Part 1 of the Extradition Act 2003 ('the 2003 Act') in this new era, highlighting areas of likely continuity and change. They also introduce practitioners to cases under Part 2 of the 2003 Act, giving a clear and concise explanation of the procedural and substantive differences between the two regimes. "This book is timely, and practitioners will find it of great use ... it is well-researched, well-expressed, easy to follow and practical in its focus ... I commend it to all lawyers in the field." - from the Foreword by the Right Honourable Sir Stephen Irwin Editor Myles Grandison specialises in public law with a particular focus on extradition; representing requested persons, judicial authorities and the National Crime Agency. Myles also advises on issues such as prisoner transfer, freezing of assets across jurisdictions and mutual legal assistance. Contributors Kathryn Howarth practises in both public law and public international law. She has developed her expertise in extradition over the last decade and has been instructed in numerous leading cases. Daniel Sternberg is a specialist extradition, immigration and public law practitioner and a Deputy District Judge (Magistrates' Courts). He is ranked in Band 1 as a leading junior in the field of extradition by Chambers and Partners. Benjamin Seifert practises in extradition and public law. He appears at Westminster Magistrates' Court, the High Court and in the Supreme Court in extradition cases representing both requesting states and requested persons. His practice also includes inquests, inquiries and immigration law. Émilie Pottle is an extradition, public and international law specialist. She is recommended in the directories across multiple practice areas and has appeared before the Supreme Court, Court of Appeal and Divisional Court. Saoirse Townshend has a dynamic court and advisory practice specialising in extradition and public law. Saoirse is instructed alone and is led in complex and novel points of law before the Supreme Court and the Divisional Court. Emily Wilsdon practises in public and private law. She has particular expertise in inquests and inquiries, public law (including unlawful detention claims, human rights, immigration and asylum, trafficking, and national security) and extradition. Juliet Wells qualified in October 2018 and is building a busy practice in extradition and public international law. She represents requested persons in extradition proceedings before Westminster Magistrates' Court and the High Court, both led and as sole counsel.