Law Book reviews and recommendations

"THE SERIOUS ORGANISED CRIME AGENCY: AN FBI FOR THE UK? The latest Blackstone Guide continues to maintain some of the highest standards with this new addition to the statute series. Rushed through Parliament during the final, frantic pre-election week in April 2005, the Serious Organised Crime and Police Act 2005 (SOCPA) is recognised as one of the key pieces of legislation amongst so many criminal justice statutes of recent years. One year on, however, the problems confronting the New Labour Government and, in particular the Home Office, seem to be getting worse, not better. For this reason it is important to recognise that the Act is not just an administrative statute which attempts to restructure law enforcement agencies with its creation of the Series Organised Crime Agency (SOCA). The Agency�s purpose is set out clearly in the Act, establishing �a single powerful agency�that will bring together the National Crime Squad, the National Criminal Intelligence Service, and the investigative and intelligence work of Her Majesty�s Customs and Excise�. Great! By why has it taken so long to do this? Probably, the answer lies with the need for proper integration within the criminal justice system of all the main organisational players involved. Such reform would give effect to the White Paper �One Step Ahead: A 21st Century Strategy to Defeat Organised Crime� (Cm 6167) by �reducing the profit incentive, disrupting�criminal enterprises, and increasing the risk to the major players of being caught and convicted.� I suspect the issue of administrative �territory� still remains a problem because government departments don�t necessarily speak to each other. The team of expert barristers from Matrix Chambers have delivered a surprisingly good text here with a concise and accessible commentary covering the latest statute to tinker with criminal justice. As with most of the other guides of the last ten years or so which cover some of the fifty-odd pieces of legislation so far enacted, the Oxford University Press offer expert views by leading practitioners on the effects, extent and scope of this legislation, plus the a copy of the full Act- a book format which is very helpful to the busy practitioner. OUP rightly claim the guides to be effective solutions to key information needs, being a perfect companion for any practitioner needing to get up to speed with recent changes. Well they would say that, wouldn�t they! But, they are right, and the book fits neatly into the pocket so you can leave the pilot case at chambers. An important, and not to be overlooked, part of the statute is the �police bit� coming after the two Police Acts in the 1990s. SOCPA overhauls the powers of police officers which had been codified in the Police and Criminal Evidence Act 1984, making important changes to the use of evidence from informers. New public order offences in relation to harassment and protest are introduced as well, together with what you would expect from Matrix Chambers: a comprehensive explanation of civil liberties and human rights implications. Three key points in this most recent Blackstone Guide are: � an explanation of the powers and functions of the Serious Organised Crime Agency, bringing together the NCS, the NCIS and part of C & E; � detailed coverage of important legal changes brought about by the Act, including the introduction of new provisions to deal with informant evidence and the introduction of further public order offences; and � a clear, logical structure following the way the Act is set out. The measures outlined in this legislation, with promises of more to follow as the quicksands of criminal justice continue to destroy much previous legislation, will have far-reaching consequences for organised crime (which cannot be underestimated) and serious implications for criminal justice in general. The authors are rightly critical of the Government when they call for a more careful review of the White Paper saying: �no detailed justification was advanced for the need substantially to increase prosecution powers in one particular area of crime, and that the legislative scrutiny of the Act (is) focused almost exclusively on one provision�. Whether Tim Owen and his team are correct about the need for a Green Paper rather than a White Paper to explore opinions on the need for special prosecution powers to tackle organised crime will remain to be seen as the new reforms under Dr John Reid emerge. The team concludes that a Government which was genuinely interested in views concerning a �self-professed desire to tilt the balance the balance away from defendants� does not suggest that an objective assessment of needs was actually carried out. Their remarks must, however, be seen in the light of recent developments with three Home Secretaries, in and out, within eight months, and a criminal justice process subject to intense and somewhat ill-informed media comment which is really summed up when the Act is described as an �FBI for the UK� which SOCPA simply is not, and never will be. "

"A GLOBAL BATTLE AGAINST CORRUPTION This is a highly topical book at a time when �cash for honours� is top of the domestic political agenda in the United Kingdom. Actually, the book is about a great deal more than possible wrong-doing at 10 Downing Street. In keeping with many legal books published in the last year or so, the authors start off with a classical reference to the many-headed Hydra � cut off one head and two appear in its place - just like corruption! The four authors are realistic enough to recognise that their taxing Labours (unlike those of Hercules) will be important considerations for the future as international society continues to burn out the roots of corruption...if it can. Global Concerns But Colin Nicholls and his three colleagues have produced a most worthwhile book with an excellent foreword by the Lord Chief Justice. By far the most important theme is the global problem. Events during 2006 and 2007 have shown serious difficulties in what should be considered �corrupt� because some countries have very different views from others as the UN and EU acknowledge. Lord Phillips rightly describes the book as filling a large gap in our understanding of this area of law. He succinctly describes the work as a valuable tool for those bent on attacking an evil which, if left unchecked, can infect the life of a nation. Lord Phillips might add to this view the problem of lasting damage and the undermining of standards which are playing such an important concern for all in modern political life at the beginning of the twenty-first century. One Source The greatest attribute of the book is to bring together, in one source, a wide range of primary and secondary legislation together with international treaties and agreements. I met Mr Nicholls and his co-writer, Tim Daniels, last year, and I was greatly impressed by their clear and detailed knowledge and experience of what is a very confusing area of law both to the British and for many overseas businessmen and politicians. The authors have succeeded in their aim of coverage of not just UK and ECHR law, but also the large amount of international comment and numerous publications as well. They explain that corruption has little regard for national borders and Lord Phillips states the facts baldly introducing the issue when he says �The World Bank estimates that 6% of the world�s economy was paid in bribes in 2004�. Not comfortable reading but indicative of a problem which, like the internet, has no boundaries as such and is a problem all countries must face together. As the only dedicated work in this subject, four aims are achieved: � stating the law relating to corruption and misuse of public office in a clear and accessible manner; � examining the legal and practical issues relating to the investigation and prosecution of corruption by providing practitioners with a full guide to the handling of a corruption case; � analysing the regulatory mechanisms for dealing with standards in public life; and � the production of extensive coverage of the international efforts which are being made to combat corruption, giving practitioners the ability to use the information published with confidence where they are handling cases which involve foreign officials. Statutes Legislation in this area has continued to develop in recent years with anti-terrorism measures, the Crime and Security Act 2001 and the Proceeds of Crime Act 2002 to name but a few. Parliament�s aim has been to extend the UK�s jurisdiction to corruption offences committed abroad by UK nationals and incorporated bodies, and to strengthen the mechanisms to recover assets and wealth obtained as a result of unlawful activity. The authors have extensive experience in handling criminal and civil aspects of corruption cases and the current law on corruption and misuse of public office is clearly stated. Of particular relevance are the examinations of legal and practical issues relating to the investigation and prosecution of corruption cases with the inclusion of information on whistle-blowing and the recovery and repatriation of assets. The global connection is never far away, and this book gives practitioners the ability to handle any aspect of a corruption case by the use of a detailed analysis of the international efforts to combat corruption, and the legal developments which are now taking place globally in areas of interest to the United Nations, the European Union, OECD and the Commonwealth. UK Government agencies will find this book particularly helpful. Contents There are eleven main chapters covering the following: the meaning and scope of corruption; offences of bribery and corruption; misconduct in a public office; the investigation and prosecution of corruption; the movement for reform; civil remedies and recoveries; the regulation of conduct in public life; international and regional initiatives; the bribery of foreign public officials; and the corruption laws of other jurisdictions. There are 34 excellent reference appendices which many readers may feel probably only touches the surface of some of the hidden problems within certain countries which we know little about because of cover ups. The work of the EU and UN are published in some detail which will be highly relevant to academics and the final two appendices consider the detail of a draft corruption bill. The Future When Tony Blair came to office in 1997, many words were spoken about the then �problems�, not just concerning �brown envelopes� but also standards in public life generally. I would like to have reported that improvements to standards have been made but it would appear that the Hydra is still alive and kicking with many aspects of public life still under scrutiny, and still subject to massive debate for some of the things which have been happening in government in the ten years since John Major left office. Blair leaves No 10 having tried to sort out some issues but become embroiled in other, more far-reaching problems which have infected our national life. The Lord Chief Justice writes that this book fills a gap. Yes, it does, but only partially. I felt the two authors I met realised only too well that their work is not yet finished and that it has probably barely begun as initiatives to fight corruption remain somewhat neutered by certain world powers. There will need to be a further edition as shifts in morality continue- this worthwhile and valuable contemporary book will clearly become something more when changes in Downing Street take place during 2007 and a new government grasps the entire nettle system when it had promised to burn the root out of what seems now like so many years ago. The trouble is � it is still there. "

"A PRACTICAL GUIDE TO THE MYSTERIES OF FRENCH LAND LAW I had just finished re-reading Peter Mayle�s �A Year in Provence� when this remarkable book landed on my doorstep and I began to read it in more detail with some enthusiasm. Like many of my colleagues, knowledge of the principles and practice of French property and inheritance law has been limited to excursions across the Channel and my pupil master explaining the intricacies of buying an old farm in Normandy. Henry Dyson has produced a most readable book, which will appeal to a market that is continually expanding as more and more Britons buy property abroad. Now, we have all seen the horror stories on the television so is it really as bad? The answer is, probably, no! The problem with French property law is the way in which they do things and Dyson has a splendid way of setting out French methods. To highlight this point, I read his statement about how the table of cases is created and how the court hierarchy operates. The best statement of all is �notwithstanding that the rule of judicial precedents is not known in French, it may well surprise the English practitioner that of over 180 judgments referred to �, more than 140 are those of the Cour de Cassation (the highest court in the land). How to find the judgments Also of great use are details of the address where one can obtain copies of the various judgments in Paris and an Internet reference for the adventurous: www.legifrance.gouv.fr. This information is most useful to ignoramuses like myself who had absolutely no idea how the system operates. This was my chance to improve my knowledge so I followed Dyson�s advice and referred to Part III of Principles of French Law by Bell, Boyron and Whittaker (OUP) and the chapter entitled �Studying French Law�. Suddenly things became much clearer such as the acceptance that French law is formalist with main emphasis on the written word. Dyson continues writing � it is not without significance that an English transfer of land can be achieved by means of a single printed page whilst the majority of French conveyances are likely to run to over a dozen closely typed pages�! No Equity jurisdiction There is no equity jurisdiction in France, no system of binding precedents and the concept of the trust has no place in French law. A comment by Professor Malinvaud sums it all up when he writes: �It may happen in fact that a rule of law, conceived in the abstract, proves to be unjust, inequitable, when brutally applied to a concrete situation.� The Professor then looks at the judiciary (again created on a very different model) and he says, �It is to be hoped that the judge can reach a fair decision. Arbitrators, when so authorized by the parties can reach a fair decision. Judges do not have that power. Their judgments may be overturned if they openly apply Equity�. A Court of first instance is free not to follow even the most established rule of law; the worst that can happen will be that its judgment will be overruled on appeal�. It is most useful to read and re-read Dyson�s introduction to gain the basic understanding of what this book is all about. It is clearly intended to enlighten the practising English lawyer who may be involved in French property transactions in their widest sense and with French inheritance law that is so different from the English legal system. Dyson also has the academic community in his sights which is to be applauded because both the French and German legal systems are being studied to a much larger extent in our British universities today � it becomes noticeable when you seen the number of textbooks on these subjects now available at Hammicks. Structure of the book The book is well structured with 39 chapters. The first chapter sets the scene with a description of the legal profession and � to state the obvious � should be read first! Then the author progresses through two distinct parts: Part 1 � Land Law- (chapters 2 �23) and Part II � Inheritance Law - (chapters 24 � 39). Areas for Part I, which will be of interest to English lawyers, include: � The sale of land � compromise de vente/promesse de vente � Completion � Property owning companies � Sales en viager/by auction � Charges on property � Joint ownership of land � Powers of attorney � Land and its taxation � Capacity Areas for Part II covering inheritance include: � Inheritance law introduction � Domicile/residence � Effects of an English trust � Intestate succession/the surviving spouse � Wills/legacies � Gifts inter vivos and inheritance and gifts tax There is an appendix on precedents at the back running to 70 pages, followed by an absolutely essential glossary, which is what Dyson describes as a �secondary index� because it is so useful. Where the explanation of a word or phrase itself contains a French phrase, an explanation of what appears in French also appears in the Glossary together with words and phrases which may not appear in the text but will require some understanding for readers like myself who�s French is rather limited. Anyone who thinks they are going to be involved in land transactions in France should get this book � if they don�t then the mysteries of many features of the French system will not be unravelled for those who wish to purchase either a main or a second home in France. Dyson also offers advice on how, for instance, beneficiaries can avoid personal liability for the debts of the deceased and he provides practical guidance on the administration of estates. Reading this book did actually make me want to go out and buy a little piece of France (if I had the money) and I was taken aback by this thought because prior to reading the book it would have been the last thing on my mind. This is definitely one for the bookshelf in the French farmhouse. Thanks very much for it! "