Book reviews from PhillipTaylorMBE

"PUNCTUATION: THE ENDANGERED SYSTEM An appreciation by Phillip Taylor MBE, Richmond Green Chambers A great piece of humour here and, yet, with a serious aim, this little book has become a runaway bestseller overnight and rightly, too. As author Lynne Truss has explained, there are many people who have little idea of the basics of punctuation. This does not surprise me in the slightest. As an examiner and a forced PGCE learner, I have found scant regard paid to full stops, commas and question marks- and it is getting worse! However, by far the number one serial offender is the missing apostrophe. The story of the Panda who eats in a restaurant, then shoots the restaurant up and departs is an amusing story with an important message. The placing of punctuation in the wrong place can completely alter the message being conveyed� and at what a cost. A REVOLUTION IN PUNCTUATION The book is dedicated to the memory of the striking Bolshevik printers in St Petersburg who, in 1905, demanded to be paid the same rate for punctuation marks as for letters, and thereby directly precipitated the first Russian Revolution. We have come a long way in nearly 100 years and the main casualty has been the written word. The �shorthand� I have encountered in the last six years using the Internet is enough to convince me that this book should be compulsory reading in schools. Besides, it is a good read and very funny in places. To sell 50,000 copies in just over a week on release is a great achievement and illustrates the interest proper ways of communication continue to generate and I thank Lynne for that. LEARNED OPINIONS It�s true to say that the book makes a powerful case for the preservation of the system of what is interestingly described as �printing conventions�. However, this is not a book for pedants but for everyone, including members of the Bar who write lengthy Opinions (like me). It has never surprised me how cross the Judiciary become when they see sloppy legal paperwork. I expect it from solicitors but we must maintain a very high standard at the Bar, even with the infernal Internet and toxic text messages. Well done, Ms Truss for reminding us of our legal roots� �sticklers unite� she says, �you have nothing to lose but your sense of proportion � and arguably you didn�t have much of that to begin with�. Do look at the end of the book for a fine bibliography � all the usual suspects are there including one B Bryson and �Troublesome Words�, and the excellent Philip Howard�s �The State of the Language: English observed.� Lynne Truss has protected our endangered punctuation with panache and rightly raised the communication stakes at the right time. ISBN: 978-1-59240-2038 or 978-1-84668-035-9 "

"WORDS WELL CHOSEN A review by Phillip Taylor MBE, Richmond Green Chambers This is one fascinating book. �Powerlines� says author Steve Cone are �words well chosen with the power to awe, inspire, motivate, alienate, subjugate, even alter something as significant as the course of history�. �They can even change the buying habits of consumers�, he adds, indicating that this a book about marketing and the selling power, not of words in general, but specifically of �words well chosen�-- so apt and apposite that they deliver an impact more powerful than mere slogans and taglines. �Well, let�s have some examples?� I hear you say. The author clearly has his favourites, richly and illustratively sprinkled throughout the text: �A Diamond is Forever�� �Come to Marlboro Country� and so forth. I have my own favourites, as does everyone. Martin Luther King�s �I have a dream� is one. JFK�s �Think not what your country can do for you, but what you can do for your country� is another. �Blood, Sweat, Toil and Tears�� and �their finest hour� are obviously from the prolific pen of Churchill who must be up there with Shakespeare as the finest powerliner in history. As for the famous DeBeers ads, I think they slightly missed the boat. They could have used �Diamonds are Forever� which, possibly because it expresses the same thought in the plural, is curiously more compelling. It certainly delivered impressive audiences and impressive amounts of box office cash to the collective James Bond enterprise. Which goes to show the power of a powerline over a mere tagline? �Yes, America Can� attributed to George Bush (just which one isn�t specified) falls under the author�s general category of �putting America to sleep.� �What a snore,� he says. Slogan it may be, but it is not a powerline like Obama�s �Yes we can.� There is something about the pronoun �we� (juxtaposed with �yes�) which is involving, memorable and succinct. If you�re in advertising or journalism, you�ll know the pronoun �you� is even better. Of course, the book�s 2008 publication date is a little late for the amiable author to have mined the seam of powerlines emanating from the Obama camp. While trawling through history for powerline-delivering politicians, poets, military strategists and latterly, marketing men, Cone cites amusingly bad power lines as well as good ones. Examples: the RBS �make it happen� tagline means, as the author says, �absolutely nothing.� Honda�s �The Power of Dreams� also gets short shrift. �Maybe their latest models put you in a dreamlike state?� sneers the author. �Not a good thing if you are taking a curve at forty-five miles per hour.� Succinctness, relevance and meaning are surely components of a great power line, although coming up with one is no easy task. Rule Number One in my book would be, cut out the verbiage and the pretentiousness. �Less is more,� says Steve Cone. �Great lines are poetry in motion. Every word counts and the whole line must mean something special�so special it has to be remembered.� I could also add that great powerlines must stand out from the information overload which burdens everyday life and I agree with the author observation that �sadly, the art of creating powerlines is largely forgotten in today�s advertising world�. Another pungent quote from this entertaining Bloomberg publishing house book is that so far, twentieth century marketers haven�t created much in the way of lines that make us think, smile or are easy to remember. Perhaps this century needs a good tagline. The good news is that there is still plenty of time! There certainly is and this book shows all the Steve Cone words are well chosen. ISBN: 978-157660-304-8"

"KEEPING GOOD COMPANY WITH THIS PRACTICAL HANDBOOK An appreciation by Phillip Taylor MBE, Richmond Green Chambers If you�re a company secretary or contemplating appointing one, or eventually becoming one, or even possibly discharging this role without necessarily becoming one�then this book will, in the words of author Helen Ashton�s fifth edition, it will help to prevent problems arising during the day-to-day administration of the company, and assist you in getting things right from the start, as even minor omissions can prove very costly! The omissions referred to include, for example, the penalties for late filing of accounts at Companies House, which are now imposed automatically rather than on a discretionary basis and include repeat offender penalties. So it is really all about attention to detail to placate bureaucrats. Published by The Sunday Times exemplary Business Development Series in association with Kogan Page, �The Company Secretary�s Handbook� is precisely that! It�s a guide to the main responsibilities that have traditionally been carried out by the company secretary together with core duties but it�s not a heavy legal tome, thankfully. The book includes handy checklists which summarise the procedures necessary to put certain changes in place and to avoid omissions. A good example can be found with the documents like the Companies House Forms, draft notices and resolutions which are included to help lighten the administrative burden. Updated in 2008 with the implications of the new consolidated Companies Act incorporated where applicable, this practical guide covers the essentials including � The formation of companies � Corporate governance � Day-to-day administration � Keeping the statutory records � Annual routines � Dissolution Whether or not you have access to a chartered secretary or in-house lawyer, you will find this Handbook invaluable. Not only is it ideal for directors and secretaries of private limited companies, it�s also useful for, say, residents� associations using a limited company to hold the freehold of their property, or certainly, for learners studying for examinations set by their professional bodies where company law or secretarial practice is part of the course of study. I think it is also good for those thinking of Company Law as an undergraduate laws option. However, as each company or organization is different, the 5th edition should not be used as a replacement for, or alternative to, professional advice from a chartered secretary or solicitor�just use it as though you were keeping good company with your competitors so you know what the current statutory duties and responsibilities are- thank you, Helen. "

"THE FASCINATION OF COMMERCIAL FRAUD LITIGATION A review by Phillip Taylor MBE Essex Court Chambers Barrister, Paul McGrath, excels with this practitioners� work which does a sterling job of elucidating an exceedingly complex and tangled area of law. As he points out, �commercial fraud is big business and it is only getting bigger, cleverer and more complex.� He adds ominously, that �fraudsters are typically ahead of the market when it comes to taking advantage of new technology and whilst one can sometimes read that fraud levels are reducing in one area, that is only because the fraudsters have moved on to other areas....The overall trend is in one direction only.� Initially referring briefly to the days when restitution was on everyone�s mind, Paul McGrath affirms that �fraud comes in all shapes and sizes,� from frauds on a global scale such as Enron and Worldcom, to lesser but still distressing fraudulent activity such as phishing attacks, or identity thefts, particularly in the contemporary arena of the credit crunch. Indeed IT and identity fraud have spawned whole new legal specialisms very recently. �The Internet -- and banking conducted other than face to face -- create unique opportunities for the fraudster,� McGrath warns. Following a complicated genesis, the book has been written with two fundamental aims in mind: first, to bring together a range of incredibly diverse material from a multiplicity of sources into one volume for ease of access and secondly, likewise, to consolidate in one volume, �many of the areas in which a commercial fraud litigator might be asked to litigate.� For a complex subject such as this, the book is a monument of clarity in its coverage and logical examination of the diverse areas and issues relating to fraud. Focussing on civil law claims and remedies, it provides a detailed treatment of difficult topics such as unjust enrichment and conflict of laws and offers practical guidance on important procedural elements such as injunctions and disclosure. There are 24 chapters split into 8 parts: a fraud overview; fraud at common law; receipt-based liability at common law; receipt-based liability in equity; statutory liability; multi-party liability; conflict of laws; and tracing, disclosure and injunctions. There are also two excellent appendices for precedents concerning freezing injunctions and search orders. �The author is to be congratulated,� Lord Millett remarks in the Foreword, �on providing a guide through this minefield�, which, he adds �is �not a context in which certitudes...are possible. It is rather one of choices and the best that can be done is to provide the practitioner with a series of informed choices. This the present book does.� Millett is absolutely right and that�s why McGrath�s book holds such fascination for those involved in growing commercial fraud litigation- he has brought before practitioners the necessary materials and the arguments for this form of litigation brilliantly and succeeding with his aim."

"VINDICATED AFTER 200 YEARS A review by Phillip Taylor MBE Little had been written about George Vancouver until Ernie Coleman's excellent and uncomplicated biography in 2000, and Stephen Bown's new, detailed and scholarly work in 2008. Bown's work is a re-evaluation of Vancouver's life and work - it's excellent in every respect. And it fills an important gap in 18th century naval history and surveying in North West America. I live where Vancouver spent his last days in Petersham, Richmond, Surrey. We celebrate his life annually at a service in the churchyard where he is buried at St Peter's Church, Petersham. I have also visited beautiful Vancouver and the island, and travelled part of the North West coast of Northern America being married to a Vancouverite. Therefore, I have a special interest and regard for this man and the area he explored! Let's get a few things straight about Vancouver! He was an experienced sailor, having served on the last voyage of Captain Cook as a midshipman. However, Vancouver was not an experienced diplomat, but his record as Master and Captain of HMS Discovery from 1792-5 was very good for the times. Only one person died during the voyages and I can see from Bown's work that Vancouver cared for his men although he had an inexperienced crew and some malevolent officers including Sir Joseph Banks, the aristocrat Thomas Pitt, and the ship's surgeon. You can't do much against this sort of list! Vancouver's reputation was shattered and he died alone with little money on the completion of his surveys and diaries at the age of 40. Our services in Petersham over the 25 years I have attended are often sad occasions for me as I reflect on his life during the commemorations. Bown's book is one of the best I have read for ages about this unpleasant period of British naval history when Captain Vancouver's name and contribution were smeared ... and he vindicates him. It is a well researched and referenced book with many recorded stories which give light onto the problems of the times. And one gets the feeling of the period with this book brilliantly. It has 13 chapters in four parts plus great photographs which delve into great detail with a splendid list of sources and a bibliography at the back. Bown paints Pitt, in particular, as the baddie (rightly) with few redeeming features, and he exposes the aristocratic establishment of the time hard for their unjust behaviour towards Vancouver. I would probably not liked to have served under Vancouver as I can see some of the leadership problems he had to deal with - challenging behaviour from senior officers is difficult at the best of times, and I have had my fair share of them in the past. However, I have a tremendous regard for George Vancouver which remains strengthened by Bown's biography, ending with this tribute: �He accomplished great things and, as our historical and cultural ancestor, he deserves a greater place in our collective memory.� He just got it here from Stephen Bown! So thank you very much Mr Bown from an admirer where Vancouver now rests. "

"THE JURY WILL REMAIN OUT A review by Phillip Taylor This book is an absolute necessity for those interested in the history of famous trials and equally famous advocates. So far, there have been mixed reviews with learned counsel on both sides of the argument finding fault with the priorities of the other side. I remain to be convinced that history will ever decide the true nature of George Carman as we pass down the centuries: so the jury will remain out. Of course, there is always a danger that a time goes by history will reinvent itself. It has done so before, especially concerning private and personal matters which so often chisel the stature of a great person. Carman was no ordinary man- that much is clear. Personally, I don't care for the tittle-tattle which has the star role in so many modern biographies. I want to know of the professional successes (and failures) and how they come about in the courtroom itself. That's why, I felt compelled to re-read the biographies of such diverse characters as Birkett and Marshall Hall to see how George Carman rates. Taken from the perspective of contemporary values, I see Carman as a mixture of those two, and of Patrick Hastings although comparisons are rather a crude reflection here on the individual greatness of each person�s forensic skills. There is no doubt that George will retain his very high ranking as one of the leading advocates of the twentieth century. And rightly too! George considered his most notable success to be that of Dr Leonard Arthur, the paediatrician acquitted of murdering a baby - this is according to son, Dominic, who wrote this biography. That, in itself, tells the reader much when the list of high-profile cases is examined in detail. You can pick your own favourite, but remember what George�s favourite was and its facts involving the baby� and the possible sentencing outcome. �KEEP YOUR MOUTH SHUT� When he was a Recorder, George had the notice �keep your mouth shut� clearly visible at all times. How I wish that could be compulsory! Possibly it became so in other contexts as he emerged as the �King of Libel� where protagonists should have heeded his words. When the reader of the book considers newspaper reports of the trials for defamation, just weight up whether any of the victims can have any sympathy: I have sympathy for some but not others and, as they are still alive, so the names must remain silent. And so, the jury, having deliberated on the merits of this book, will decide its fate for posterity. I suggest that it is an easy read about issues we are all familiar with. And issues which we all have our own views on concerning the individual outcomes. On thing�s for sure, the courtroom has lost a truly great performer, but we all have his professional work to remember and that is just what we should remember as memories of 20th century fade. Thanks, Dominic, for what you have achieved - I shall mentally edit out the bits I�m not interested in, just as tabloids and soap stars will. After all, that is what we all do when we buy a book - we keep our own favourite parts and forget the rest. "

"A TIMELY REMINDER ABOUT EXTRADITION �To extradite or not to extradite, that is the question!� This new edition states the law as at 1st June 2001. Barely three months later, in New York, the world was reminded why we need to have much greater mutual assistance across the planet. Alun Jones is the master of the intricies of extradition eccentricity. Throughout, he retains a blatant fairness which surrounds the emotive procedures often adopted. As he points out, over half of the copies of the book will be purchased by overseas customers. The ten page introduction gives a flavour of current concerns as we have only had minor statutory changes in the last 6 years. The 19 chapters cover much useful ground and Jones gives well-deserved credit to those who contributed indirectly to the contents. The book has 3 parts covering the historical and international context, extradition to and from UK, and mutual legal assistance. There are also substantial appendices to cover statutes, statutory instruments and other relevant instruments. In part three Jones has an extremely able co-author in Laura Davidson and, together, they have produced two excellent chapters to cover the more difficult issues of what is termed �mutual assistance�. The role of unreported cases receives special treatment in this work. There are a large number in the book together with high profile cases such as the Pinochet case where Alun Jones was leading counsel. I was particularly taken with the coverage of procedural issues - the bane of existence for many lawyers! However, Jones explains the process with immense clarity and sets out the remedies which can be sought. I have often been asked why �so-and-so� has not been brought to justice to be followed by a lengthy dissertation on our �appalling� extradition laws. I have the remedy for this social chit-chat - read Jones on Extradition. If it doesn�t shut them up it will certainly send them to sleep. Probably, this is for the best because a deft hand is needed when dealing with arrangements between ourselves and other nations. Notice that I have deliberately ignored the word �diplomatic�, probably because I do feel diplomacy to be an irrelevance once a cast-iron agreement between countries can be achieved. It is at this time that a well-oiled extradition mechanism can work. Comment has been made of the conflict between human rights and the powers a state requires when combating terrorism. If critics of the current Afghan War attack powers taken by the Government to restrict some aspects of human rights, they might take the trouble to see how carefully our extradition procedures are moulded to preserve rights where possible. My only grave concern is the sheer amount of time it takes before justice can complete its course. I thought Jones could have been more forthright when reviewing the proposals for reform and the discretionary powers of the Home Secretary of the day. But he did highlight the Home Secretary�s difficulty when trying to resolve questions of fact such as those in Saifi. Any reader tempted to support UK withdrawal from the EU should read the new part C very carefully indeed. What I found of particular importance was the detail contained in the section on the National Criminal Intelligence Service (�NCIS�). The re-organisation of the NCIS after 1 April 1998 surely sets us on the path towards a fully integrated national police force for the United Kingdom in the years to come. To test whether this will actually work in practice, or not, will probably now be seen by the success of the war against international terrorism now being waged. It is fortuitous that this excellent book has arrived at just the right time for the debate to get underway. I may add that, as many practitioners will know from experience, our relationship with Interpol and now Europol has not exactly been smooth in the past. I do hope that the final chapter 19 covering Europe, the Commonwealth and the United States of America will be clearly understood because European Union officials continue to insist that the 1950 European Convention on Human Rights forbids the extradition of suspects to countries where they would face the death penalty. There is the unfortunate danger that Laura Davidson�s valuable work to date will be in need of urgent revision once the war against the Taliban and al-Qaeda has come to a final conclusion. Since publication, Spain has now announced an open-door policy for the eventual extradition of suspected terrorists in the face of continued legal, political and human rights issues. Therefore, chapter 19 may well need future updating as European Union initiatives are implemented. My experience of extradition law was relatively small until I read this book. Jones and his colleagues have produced a straight-forward, well-presented and researched statement of how the law works at the beginning of the twenty-first century. It is not uncommon to realise how little one actually knows of the law in other jurisdictions when reading through the chapter headings. I was particularly interested in out curious extradition arrangements with the Republic of Ireland (chapter 17) and understood very quickly why there is often such a lack of enthusiasm when chasing someone who has disappeared into the green pastures of Eire. It made me think, yes, the question to extradite must be raised and considered in each and every case. And there must be very good, substantial grounds for agreement to proceed because it only takes one occasion when arrangements are fouled up for the whole concept to be questioned at its very roots by certain countries who disregard human rights and have things to hide. That price must never be too high if we in the free world are to bring perpetrators of international and criminal terrorism to justice. We would let those who died on 11th September 2001 down. "

"A GREAT NEWCOMER TO THE OXFORD COMPANIONS Professors Cane and Conaghan have produced a foremost, practical reference work on law for all here. It will be of great primary use to scholars, trainees and learners, and also to general readers, and is a welcome addition to the �Companion� series. This is a great comprehensive and diverse single volume reference work on law during this period of constant flux for all aspects of our changing legal world at the present time. The book provides unrivalled encyclopaedic coverage of the fundamental major areas of law, from specific laws to crimes, cases, personalities, legal events, the role of law in national and international politics, and law�s underlying philosophy... and all in one place! This Companion project has been written by a team of 700 experts from all over the world. Sarah Carter deserves a special mention for the massive collation exercise and the attractive illustrations which offer access to a vast range of fascinating legal topics addressing such varied questions taken from some of these quoted examples: � Would a cheque written on a cow be legally acceptable - page 84, Board of Inland Revenue v Haddock � Which countries allow polygamous marriages? � page 911 Polygamy � What are the only retail goods that don�t have to be price tagged? � page 929 Price Marking � What verbal promises must you keep? - page 409 Estoppel � When did lawyers first appear? - page 706 Legal Profession, History of. Of interest to a wide range of readers, the Companion has over 1,700 specially commissioned articles, extensive cross referencing and 32 pages of illustrations. It provides greater depth than can be found in many legal dictionaries whilst remaining accessible to the non-specialist which is one if its greatest strengths, including: � The fundamentals of all the major areas of law including criminal law, tax and social security law, human rights law, family and employment law, education law, sports law, international and EU law; � The role and working of legal institutions including parliament, courts, law schools, and international bodies such as the EU and the UN; � Leading cases, famous trials and distinguished lawyers, past and present; and � Major events in legal history and major debates in legal history. The introduction states that �this is a book about Law designed first and foremost for non-lawyers�. As a lawyer and user myself, I quite agree. The authors� hopes and expectations are fulfilled as it instructs, challenges, and entertains with excellent content, those great illustrations and a splendid subject index at the back. Cane & Conaghan succeed in providing readers with a much better understanding of the significance of law and the legal system. It doesn�t intend to go into heavy specific detail which is a wise decision because the Companion blends the basics to indulge the occasional curiosity with useful suggestions for further reading paths which will not let you put this book down- always an indication of the success of any type of dictionary. Our laws are in a state of flux so this new Companion is as good as it can be for now, but I can see that there will be a need for regular new editions to keep up with the reform of law as changes take place. I will read and re-read it to keep up with events. "

"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. "

"AN IMPORTANT BOOK AT AN IMPORTANT TIME Lasting Powers of Attorney (LPA) have replaced Enduring Powers of Attorney (EPA) as a means of delegating the requisite decision-making concerning financial and property matters, whilst also providing consideration for the wide range of personal and welfare issues which can arise. Solicitor and Psychologist, Craig Ward, and Consultant Editor, Jennifer Margrave, achieve a careful balance here between the daunting task of writing and researching new legislative measures whilst citing sufficient case law to illustrate the points arising from the introduction of the new regime. This practical book explains how LPAs differ from EPAs and presents a step-by-step guide to the following: � advising a client of the options available to them under the Mental Capacity Act 2005 � creating an LPA using the prescribed forms � registration of an LPA � the operation of an LPA � challenges and revocation of an LPA It contains checklists and practical procedures to aid compliance plus a useful series of appendices. Ward�s aim is brilliantly executed with this practical statement for legal professionals and those making decisions or caring for someone losing mental capacity. An ample use of sub headings throughout assists in giving an understanding of the powers available as Ward examines the steps to be taken and the responsibilities required. To help practitioners comply with the multitude of associated rules regulations and guidance, there are helpful checklists and procedures to follow at each state, with frequent reference to the Act and Code of Practice throughout. The author succeeds in his aim to create a framework for better understanding of the new Acts and its application by the use of psychological studies and principles within the 12 chapters and its 4 very useful appendices. The book makes clear how the related provisions of the Mental Capacity Act apply for clients wishing to make an LPA who may need specialist advice, such as Advance Decisions (chapter 12) and Deputies (chapter 9). In addition, the substantial appendices contain all the most relevant chapters of the MCA Code of Practice, the full text of the Law Society�s Practice Note, plus easy access to the relevant forms and documents. This is, indeed, an important book at an important time for the individual client and for an easy understanding of recent legislative changes. Phillip Taylor"

"WARNING! WARNING! THE END IS NIGH! I�m reminded of Blair�s treacherous mission for Frank Field � �think the unthinkable�. He did and got sacked! Susskind is made of different stuff (I hope) with this rethink on the nature of our legal services. Academic Susskind has been thinking the unthinkable here, too. It�s worth it after inconclusive attempts by Labour to introduce new packages on legal services, a commission, far too much regulation, and a �push me, pull you� policy on conditional fee agreements so we don�t really know where we are or what direction we are going in- and whether we are even allowed to question the future because it is not the �done thing� and we should just take what is meted out from the government. However, the next decade should be the decade of change for us as IT takes over and those carbon copies find their final resting place in the �V & A�. The author used a novel method to test his theories after his forerunner �The Future of Law�, and was clearly delighted with the responses contained in his selected quotes from nine eminent people on the dust jacket: comments which are both sensible and constructive. This book does present a scary future, but it�s one we can manage, without Shakespeare�s remedy - �first, let�s kill all the lawyers� - which is what some of Susskind�s imagery may conjure up for less secure lawyers. The thesis is about our continuing structure, how we deliver our services to the client and the state, and it should also be about what rights we have as lawyers fulfilling our functions as a career under continuous professional development policies- and about democracy within the legal profession which, for some, seems missing with our professional bodies. So where does Susskind take us in his 8 chapters? The answer is along a road driven by 2 forces: � by a market pull towards the commoditization of legal services; � by the pervasive development and uptake of new and disruptive legal technologies; and � our jobs. The problem is that everyone else has the same problems just now so there�s a need for a constructive approach by all (in other words, the government). Mixed with this will be the modern needs of lawyers, their physical and psychological profiles and wants, and the way in which business and society has adapted to new conditions so far. I feel Susskind has made an excellent start by opening up this debate but we have a long way to go as the digital era takes effect. But what happens then? I would suggest that whilst the basics of representation and advice remain even with IT, the prognosis and implications in his conclusion should be read and re-read. The author talks finally about motive- this is actually the beginning of a new structure for legal services which will always be needed in a civilized society. His parting aspiration that these services should be quicker, better, cheaper and more widely available is right (of course they should), but it hasn�t worked in the past so why should it work in the future just because of IT! Susskind�s rethink must be positive because as a newly famous American has just said �we can�. I think we can, so there is no end of lawyers, just a new beginning so the end is nigh has been postponed � indefinitely. Phillip Taylor"

"MANAGING THE FIRM Martin Smith has produced a thoroughly expanded and welcome new edition of this much needed guide to the creation and running of a legal practice which will be of great help to all the support staff who can make or break the success of any legal business. The third edition has been completely updated relying on the author�s extensive administrative experience. Smith has provided here a practical, straightforward and well structured guide on how to set up and run your legal practice including all the common sense points which we all really know about but sometimes forget or put to one side! The book remains a much loved and invaluable best-seller from the Law Society stable, and relies on the tried and tested methods of its author and it will be of great use to all solicitors seeking to establish and manage their legal practice in England and Wales. The book has two parts: Part I deals with �setting up your practice�, and, in 12 chapters, covers issues such as deciding the legal constitution of your practice, to finance and advertising. Part II is entitled �keeping going: how to manage the small practice� with 8 chapters which investigates the ongoing management of your practice including a specific chapter on marketing and how to manage the growth of your firm. There are 15 appendices which deal with the nitty-gritty of the profession and they are a most welcome reference point of the work. For the third edition, these appendices are now on the CD-ROM including specimen documents for easy and fast customization, and that should save us both time and money. The work takes account of: � the impact of the Solicitors� Code of Conduct 2007; � the introduction of the Solicitors Regulation Authority; � the implications of the Legal Services Act 2007; � the newly revised Lexcel practice management standard; and � contemporary legal and regulatory developments. Apparently, the Law Society had strong reservations about the success of this book in 1995 when advice from outside reviewers of the project was that trying to produce a single book covering the myriad of tasks that need to be completed in order to set up a new practice �was well nigh impossible� because too much ground needed to be covered. WATER UNDER THE BRIDGE So, Martin Smith has taken away the cartoons which appeared in earlier editions and he describes the more serious environment we face as new practices are set up and struggle to cope, with the parting hope that �the book will prove as useful as ever to those bold enough to start a new practice�. It is and it does- those constructive observations from 1995 are now water under the bridge! Phillip Taylor "

"A BETTER LIFE WITH PLAIN ENGLISH All lawyers need this book...if only to give our clients confidence in us and the legal profession generally! Apart from well-known pompous judges (we have their names) and even more pompous civil servants employed in the court service (when they are not on strike), lawyers have a reputation for bad writing when traditional legal writing becomes a bad habit and requires simple modernisation. I suggest you read 'Adler on Clarity', starting at the beginning when Mr Adler writes that "this book is intended to give lawyers a better life". It does just that! The book succeeds in doing so brilliantly, and in a friendly manner. Adler has drawn from highly authoritative sources to make his point, including comments from the late Professor John Adams, acknowledging a list of distinguished personal contributors, and Lord Bingham's acute observation that "you cannot write clearly unless you know clearly what it is you want to say". Contents of the Book There are five sections to the book: - What's wrong with legal writing? - Alternative ways to communicate - How to make legal writing more effective - The common law rules of interpretation - A plain language workshop Each section builds up to provide a detailed guide to effective legal writing with a robust indictment of traditional legal language. The key is plain language which provides successful communication with clients, colleagues and the world in general. It is plain language and not pomposity which prevents ambiguity and mistakes to save your firm time and money as well as expressing a message effectively and in an approachable manner. I was particularly interested in the sections on emails and websites which no doubt will expand with the third edition as these new methods of communication transform our lives. I see 'Clarity for Lawyers' as a publication to be recommended in publications such as "Which" magazine, and its organisation, the Consumers� Association, plus all the consumer groups trying to establish modern rules of writing "fit for purpose" (an unfortunate phrase) in the twenty-first century. Probably the greatest benefit to lawyers are the working examples throughout showing how legalese can be rewritten into plain English. The examples are taken from Adler's extensive experience in practice, and in teaching (and clearly gained from his Cert Ed training which is an 'eye opener' to many) linked with the activities given in the plain language workshop, and the conclusion with the exercises and precedents. From what I have seen of this book, and it needs to be read over with care, it is highly suitable for the Bar course as well and has relevance to a much wider audience for its reader-friendly style. All interviewees should read it, too. I was re-reading 'The Adventure of English' by Melvyn Bragg which examines the position of English today as a truly global language, and I realised how the English language has moved on as changes in communication approaches take place. Just reading the old law reports illustrate such changes and Adler�s attack on �inflated� language is well placed here. I liked the conclusion in his preface when he refers to the �robust attitude from the trial bench� (we have all suffered that) which he hopes will �soon force the offenders to abandon their affectations�. The point is rightly asserted that clients will take their work elsewhere if their solicitor refuses to write plainly. Some of the most successful professional writers are copywriters, and this book is also directly relevant to them as the �Crystal Mark� has now become the accepted benchmark for plain writing. If the reader does not look at any other chapter, please read chapter 20 on �choosing words�. It is always the dream of examiners, with their itchy red pens, to delete, prune or �trim� what isn�t necessary when marking a paper- Adler shows us what to do to erase the gobbledegook, and he gets full marks for it. Thank you for an excellent contribution to the study of twenty-first century English language, and let�s make this work a set book for all students in the future. Phillip Taylor"

"VANCOUVER�S REMARKABLE TRAVELS It�s a delight to hear that the first full scale biography of Captain Vancouver had been commissioned in 2000 just after 200th anniversary of his death in the village of Petersham. This work has now been reprinted and makes remarkable reading. It�s about a man who is not widely known, but whose exploits exhibited the strengths of patience, determination and perseverance which are such �foreign� considerations to so many today. Vancouver is buried in historic St Peter�s Church yard, Petersham, just up-river from Richmond. He came to this area as a fatally ill man bent on completing his coastal survey work for publication. Coleman�s research is extensive and covers, in some detail, the preciseness with which Vancouver tended his mission. In this gallant story of enterprise and initiative there were difficult moments as events swung from triumph to treachery. Although there is no book index to aid reference, the activities of the nasty stalker, William Camelford, are fairly recounted here from what we know of contemporary accounts. Whatever the actual truth of Vancouver�s hot temper and hard discipline, the reader is always reminded (often vividly) of the realities of His Majesty�s Navy in the late 18th century. My relatives were seafarers and I�m sure that their lot was �petty, nasty and cruel� � but that was the case for so many at that time. A particular mention should be made of Coleman�s sensitive treatment of the killing of Captain Cook. He describes it with care, and the effect on Midshipman Vancouver can be calculated from the narrative in the early chapters. Vancouver cared deeply for the men under his command as any captain would because survival means team-work. This sense of care comes through well and you can measure the feeling that physically back-breaking and monotonous work must have created. From the scene set by Coleman, I can picture well the views these sailors surveyed as they passed the coastline in small boats. Remember, they covered a total of ten thousand miles, much of them by rowing. It puts some of our human activities today to shame because Vancouver brought the best out of those who served under him as his crew. Only one person died (from disease) in the entire four year mission, when �The Discovery� visited the range of settlements listed here- some record! Just take a look at the map in the book and you get to the reality very quickly. This is a great read- I picked it up whilst reading Darwin�s adventures on �The Beagle�: an interesting comparison of the two voyages comes across well. Whilst Darwin has immortalized the origin of species for some, Vancouver�s name has been immortalized in both north and south shores of the American Pacific rim. This isn�t just a book for the naval historian; it�s an adventure book of readable workmanship. Get it while stocks last. Phillip Taylor"

"SOUNDING OUT NOISE CONTROL A contrasting book in the Shaw & Sons local authority series is Penn�s �Noise Control� now in its third edition. This is a timely piece as the Labour Government unwrapped another in a long line of its criminal justice bills just off the Queen�s Speech printer. To me this is a great book and compulsory reading for any would-be planning objector: how often is it that local planning committees have to defer applications because of a lack of proper evidence on noise levels from objectors? Very often unfortunately, and with the extension of licensing powers given to elected councillors the matter has incurred greater interest as not just entertainment licences but our elected council tax spenders now consider liquor licence applications (instead of magistrates) and we are now seeing the results. �Noise Control� by Penn is clearly the foremost publication on the law and practice of noise on the environment and human health. As an Environmental Health Officer, he will have heard the difficult messages from the public but he does not turn a deaf ear to them, fortunately. His new chapter on Integrated Pollution Prevention and Control (I.P.P.C.) is particularly welcome at this time. Whilst the confrontation on aircraft noise continues inevitably to hum away in the background like a bad vibration, chapter 8 should be required reading to MPs and members of HACAN Clear Skies and its sometimes grubby successors (Plane Stupid) who parade their views strongly with other pressure groups. It�s my experience that elected members, nationally and locally, often have considerably insufficient knowledge of noise issues and if Chris Penn does anything, he wakes us up from our slumbers on this most serious of residential issues. Penn gives chapter 9 over to the increasing relevance and importance of the planning process which is so often misunderstood by the protesting public. Do look at the end of the book (page 459) for the �Forms and Records Relating to Noise Control� which Shaw & Sons publish � they will be of great use to those dealing with summary proceedings concerning noise which will not go away. Phillip Taylor"

"A CRIMINOLOGY PRIMER FOR LAW PROFESSIONALS, TUTORS AND LEARNERS I became aware of Professor Newburn�s new work on both theoretical and applied criminology from BTEC. This book is well suited for the beginner, the professional training to become involved in any or all aspects of the criminal justice process, and the interested learner whose career may overlap with the role of the criminologist in the public services. When I started teaching Criminology for the law undergraduate some 20 years ago, the basis of theoretical criminology had remained relatively static although some exciting new studies had appeared linking research from the Chicago School and anomie with the overtly political New Criminology and expanding feminist/gender issues. Mixing these strands of radical and realist theories with the complete confusion of current applied criminology measures and the failures of the legal framework of modern law enforcement is a monumental modern task and Newburn excels with his objective in this modern work presented with thought and just the right amount of detail. The use of additional website support for both learners and tutors is another plus factor. I was unsure of how well the illustrations would fit in here as I have written a number of different versions of the basic content of this book for other organisations at both GCE and undergraduate level and found merging the dry written word with charts, tables and photographs actually does help when presenting the subject to learners where I use differentiation practice My most recent teaching assignment required the teaching of part of this subject for BTEC Public Services courses and from reflective practice, I do recommend this book as a great primer for those who need a framework of criminology for their public service careers. It blends the wholly academic elements with the vocational aspects of BTEC highly effectively and gets the balance right for the range of learners we have. The contents cover 36 headings in six parts. Like the views of my colleagues teaching this subject, there are always going to be problems with keeping this work up to date for Parts 4, 5 and 6. Reforming criminal justice, its current critical issues, and researching criminology which I am currently reading for post graduate studies is tackled well, and I would envisage web involvement being much more important as this work goes into another edition. Clearly, Newburn�s broad approach is to be welcomed because it is accessible and authoritative being lively at all times with an intellectual sparkle which gives the reader encouragement to explore controversial issues: all the more controversial as �law�n�order� remains at the top of the political agenda with the economy, presumably remaining so for some time to come. Tim Newburn�s experience shines through brilliantly here, and I know my colleagues who teach this subject welcome his approach as being at the top of the tree for either BTEC or the more formal academic qualifications and it is the best book of its type for us at the moment, linking the more established teaching with innovation at a time of turbulence in the Home Office- extracts are great for PowerPoint, too, even though PPPs are not everybody�s ideal for teaching, but it works with Newburn�s approach so thank you, Willan Publishing, for this contribution to the teaching of criminology today. "

"BEING DIRECT ABOUT EU TAX: The debate begins with this valuable contribution Voters always normally decide the result of the next General Election in UK on the basis of taxation policies as is proved every year when the political parties hold their annual conferences and tempers flare. The �E� word (anything �Europe�) has not really raised its ugly, controversial head in British politics since the demise of John Major�s government and the ineffectual UKIP organisation of flakes, so now is the time to re-consider the topic in the EU Law context. Spiramus are to be congratulated on producing this complex short work of collected thoughts which adds considerable weight to the arguments on all sides. I am absolutely sure the issues will be rehearsed again and again when the issue of the EU figures at future elections and who controls the money! Lang and his team of editors have succeeded in their aim of giving an introduction to European direct taxation for learners and practitioners whatever the stance taken by the 10 essay writers. The success of the book is that it does not focus on a specific national tax system but gives us 9 research essays from the Institute for Austrian and International Tax Law (WU) in Vienna. They comprise the following: � the sources of EC Law Relevant Direct Taxation � the Relevance of the Fundamental Freedoms for Direct Taxation � The State Aid Provisions of he EC Treaty in Tax Matters � The Parent-Subsidiary Directive � The Merger Directive � The Interest and Royalty Directive � The Savings Directive � The Directives on the Mutual Assistance in the Assessment and in the Recovery of Tax Claims in the Field of Direct Taxation, and � the EC Arbitration Convention There is massive, intricate detail, and the content is heavy throughout, but I found the most relevant chapters for me to be the future direction of European Tax Law contained in the Parent-Subsidiary and Merger Directives. In simple terms the problem is the conflict between direct taxation falling within the competence of the Member States on the one hand, and the complete elimination of unfair economic double taxation and merger on the other. Even an examination of recent history of the relevant Directives shows that we have, at last, taken tentative steps towards an ordered approach for an eventual form of agreed direct taxation although Lang and Co can offer no conclusions and shouldn�t at this stage. That is clearly the right approach at the moment. I was wondering whether I would come away with anything resembling a concrete conclusion or solution to the main issue without expecting one. However, that little ray of sunshine�hope� is there in the form of the Patrick Pansky�s critical issues on the final page referring to the Arbitration Convention. The Convention is a mutual agreement procedure and, although not in a legal form, can be rightly seen as �a positive step forward in integration� and the removal of double taxation. The fact that these matters are even discussed at all is encouraging although I concede that it will be the latter half of this century before we see positive integration into one defined system for all Member States and I suspect we will eventually see tiers of taxation develop in the next 50 years from local tax, to Member State Tax and EU Direct Tax in bands. My unfortunate conclusion is that if anything breaks up the EU at this stage in the century (apart from war), it will be a complete failure to agree these fiscal measures between the Member States. In the words of a very wise (to some) old politician many years ago, we will have to �wait and see�, but this work is an invaluable contribution to the debate for years to come and I welcome its approach at the present time. "

"A PRACTICAL APPROACH TO THE SDLT REGIME Stamp duty clearly remains a controversial issue- another form of tax which many see as unfair, unnecessary and a stealth mechanism by the government to take even more of our money; this time on UK land transactions. It is also perceived to be boring area of law best left to the professionals so this guide alleviates the tedium. Humphrey & Freedman dispel the latter very well (but never the former!) with a neatly structured format which is easy to read and handle although I would like a more substantial index. The book provides a comprehensive and practical analysis of stamp duty land tax (SDLT), how it works, how it operates, and the changes introduced in the Finance Act 2007. The authors explain how to use this book with a useful introduction explaining how it is divided into six sections written in the form of a report style with paragraphs and sub paragraphs. The six parts will help you, as the practitioner, starting with an explanation of the law and applying it to specific transactions. The parts cover an overview; the SDLT regime in detail; the SDLT process; SDLT by transaction; an SDLT glossary; and SDLT forms. In the four years of its current �life�, over �10 billion a year has been collected on a self-assessed basis whilst the Revenue have familiarized themselves with the tax�s operation amid legislative tinkering and change. THE SIX PARTS 1. An introduction to SDLT, giving an overview of how the tax works, and what the main changes have been since its introduction. 2. A detailed analysis of the legislation and regulations which set out the scope, calculation and administration of the tax. It explains the reliefs available, and the anti-avoidance measures in place with some practical examples. 3. The practical mechanics of completing the forms and calculating the tax charge including the online system. 4. An illustration of how SDLT works with examples covering straightforward purchases of a freehold to more complex tenancies. 5. A glossary of the key terms. 6. The main forms but without the Revenue�s guidance notes which are now regularly updated online. NEW ADDITIONS FOR THIS EDITION In view of the continuing changes to the system, the authors advise readers to make regular reference to the Revenue�s website for updates and have included the following in this edition: � an introduction to the full online submission process, or �e-filing�, which makes this work very attractive to both lawyers and those dealing with property transactions; � the removal of the requirement to make a payment at the same time as the submission of the SDLT return; � an update of the land transaction form and current guidance notes; � a simplification of the measures to remove certain transactions from the scope of the SDLT, and a clarification of how the SDLP is applied; � the new rules to deal with the transfer of land into and out of partnerships; and � an introduction of a range of anti-avoidance measures which prevents an exploitation of the rules. Spiramus Press provides both practical and professional books for professionals in tax, accountancy, finance and law in relation to the running of a business and they succeed here with Humphrey & Freedman�s SDLT guide. It is sorely need at a time of high taxation where the complexities of the Revenue appear to have no bounds. Be careful though, for this work may have to come out annually with the ways things are going with the Finance Acts and the penchant of the government for regular mini-budgets! "

"FEAR NOT! THIS IS THE CURRENT BEST EXPERT GUIDE FOR STUDENTS AND PRACTITIONERS COVERING TAX LAW Professor Natalie Lee's new 25th edition of this practical, comprehensive, concise and well-priced �Revenue Law� will, as usual, be a title to strike fear into the hearts of revising undergraduates because of the complexities and unfair assumptions of the boring nature of the subject. Try teaching it! Professor Natalie Lee has produced another refreshing edition of this hugely popular tome which is, I am told, still a great read for both practitioners and students of taxation law even though the subject has disappeared from many LL.B syllabuses. 'I HATE THE SUBJECT! HOWEVER NATALIE HELPS US OUT!' 'Student comment' Like many, I always had an aversion to this subject but Natalie Lee and her army of legal number crunchers have retained the pre-eminent position with this manual in an accessible format using non-technical language and a straightforward approach. It gives what it has always set out to give � a ready understanding of basic principles allowing the practitioner the very latest knowledge and know-how with its clear and detailed explanation of revenue law and a wealth of practical examples as activities. The 25th edition is fully revised and updated and incorporates both the Finance Act 2007 and the Income Tax Act 2007. What makes this book stand out so much is its outstanding collection of contributors assembled by publishers Tottel, who are to be congratulated on achieving and maintaining a book of such worth which I know we can rely on when the client with the awkward questions arrives. The 25th edition is a financial winner for us as the legal implications of new fiscal policies bend to new agendas currently being set with a General Election by 2010: we would all be at a loss without it as it is a true �must have� book this year. "

"THE AGE OF RIGHTS The Age Discrimination Regulations have generated enormous interest, probably because they will affect so many people (including me). They have triggered a radical culture change which will affect both employers and employees. John Sprack has produced one of the first legal guides on regulations rather than statutes which will be valued not just by legal advisers but those in human resources, business and commerce because of its wide appeal and relevance, delivered in his customary crisp writing style which many of us will remember from the Bar Vocational Course and the training courses in employment law which he delivers. I have no doubt that there will be more guides to Regulations which spring from Council Directives and they are much needed. This is a highly practical book, simple yet informative in style, which investigates the Directive�s changes with clarity. John Sprack, whom many readers will know from his time as a tutor at the Inns of Court School of Law, details exactly how to avoid discrimination under the new regime and gives the full text of the Employment Equality (Age) Regulations 2006, and the original European Directive 2000/78/EC on which these Regulations are founded. It is clear that we are going to get more books of this nature in the future as Directives become part of British law (without, anti-EU critics will argue, much debate � but they would say that, wouldn�t they). However, if one views the passage of the Regulations carefully, considerable consultation has taken place on what continues to be a thorny �ageist� issue to some, and a welcome reprieve for others. When Do the Regulations Apply? The timetable has been exact which makes a welcome change for the passage of Directives, with draft Regulations published in July 2005, final drafts in March 2006 and a commencement date of 1st October 2006 thus meeting the extended deadline which had been set. The book: � Enables practitioners to determine whether an organisation�s recruitment practices discriminate on the ground of age; � Provides the information legal advisers will now require when preparing, pursuing and defending claims of age discrimination; � Demonstrates exactly what constitutes discrimination under the new regulations; � Includes the Regulations, the original Directive and the ACAS guide for employers entitled �Age and the Workplace�; and � Describes the effect of the regulations on pay, benefits, pensions, retirement and dismissal. Content of the book This book is highly useful to legal practitioners and also those involved in all aspects of human resources because: � It clearly sets out how employers can avoid age discrimination; � It determines whether an organisation�s staff recruitment and retention policies discriminate; � It enables legal advisers to spot employment practices (both everyday and strategic) that discriminate, and how to take effective action to eliminate them; and � It contains the information legal advisers need when advising on, preparing, pursuing and defending claims involving unfair discrimination as it affects age. John Sprack is an excellent training course deliverer in the field of employment law and is currently a part-time Chairman of Employment Tribunals. Sprack�s essential new employment law title gives the reader from whatever background a crisp analysis and commentary together with practical guidance and know-how which the human resources director will find invaluable: it is clearly of great benefit to all and a useful friend for those in personnel, or workers facing some of the difficulties of a possible tribunal hearing. Structure of the book One thing I found most helpful with this book was the way it is structured. The usual suspects are present with a concise preface and introduction and 150 pages of annexes to cover the regulations. However, it is the first twelve chapters which are the most exhilarating, when Sprack reviews some of the following areas which the regulations and directive cover: what constitutes age discrimination; scope of the protection; justification and exceptions; recruitment and selection; terms and conditions; retirement and dismissal; pension schemes; changes to other legislation; enforcement; and remedies. Comments on DTI Explanatory Notes For those new to the Regulations, when they were finalised, the Department for Trade and Industry (DTI) published extensive Explanatory Notes to accompany them. For the most part, the notes were in a summary form as a simple explanation of what was contained within the Regulations. The DTI also put forward reasons why the government believes that the Regulations implement the Directive, and they do provide some assistance on the issue of interpretation to those readers lucky enough (?) to find a brief in the clerks� room after 1st October 2006 where age is in issue. What Sprack gives you here is a citation of the Explanatory Notes which forms part of his overall commentary on what the Regulations will mean to those faced with a tribunal hearing taken from the original civil service interpretations of the Directive which can sometimes be more difficult to understand even for hardened practitioners. I felt the two most important chapters were chapter six (recruitment) with the special device of �Danger points� which Sprack identifies where the employer could fall foul of the Regulations, and chapter 11 (enforcement) which is the crunch area for legal advisers covering the burden of proof, questionnaires and time limits. Appendix 3, entitled �ACAS Age and the Workplace� actually covers much more than the title implies with guidance to employers and employees and twelve annexes which will highly beneficial to human resources managers and practitioners involved in Employment Tribunal work. So there is something for everyone with practical guidance for the initiated at a sensible price for the cash-strapped executive or legal aid/pro bono lawyer. "

"A SERIOUS BUSINESS AND A SPECIAL CAUSE This is, without doubt, a special book which combines personal judicial memories with an historic understanding of the history of the Liberal Party in second last half of the twentieth century. It is a very �human� book, which is to be expected in view of the author�s experiences, and it gives a new insight into some of the hitherto unknown aspects of political life from the end of World War Two. The latter part of the book illustrates some candid commentaries on contemporary judicial thinking at the time and John Baker is not inhibited when describing some of the individuals he has become involved with professionally since 1972. It is clear that Judge Baker was a loss to the Parliamentary world, but it is also interesting to reflect, as I have done, on how many active politicians I have met from all three main parties who fall into the same category as Baker. My Tory colleagues have often described election to Parliament as a lottery and, I am afraid I have to agree. Of course, luck plays its prominent part but politics was not to be for John Baker � the Bench was all the better for this course of events. It was fortunate for the English judicial system that the Courts Act arrived when it did (long overdue), enabling Baker to participate in one of the more exciting reforms of the late twentieth century. He is probably lucky he does not have to put up with the current �reforms� which are more to do with expediency and cost cutting after some ill-thought out extravagancies from 1990s which have left the criminal justice process in a complete mess. He is also lucky to have escaped the crusading media who are clearly out to criticise lenient sentencing and �outing soft judges� when the media don�t know what it is collectively talking about. Whilst much has been written of John Baker�s political life, it is for his judicial work that he will be remembered. From chapter 7 onwards with �Starting on the Bench� he describes, with some candour, the plight which can confront newly appointed judges. I suspect his practice as a solicitor gave him an additional insight into what the Lord Chancellor expected of Her Majesty�s Judges in 1970s � thankfully, a role now firmly in the hands of the Lord Chief Justice. Any member of the Bar who has an interest in pursuing a judicial career should read this book. It is written very much in the personal style of the man himself and paints a most useful picture of the path which the judiciary have taken since the big changes of the 1970s and the creation of the Judicial Studies Board. The mixture of everyday people and the various celebrities which one meets in both politics and law is well covered and dealt with deftly by Baker who has an amiable but firm approach throughout. I have read many judicial biographies and autobiographies but this one stands out for the serious business and the special cause which John Baker has stood for: it is a great addition to the world of judicial biography. "

"A TRAVEL BOOK WITH A DIFFERENCE This is an exciting travel book for military historians and a useful addition to the history of a turbulent time during the Vietnamese War and the construction of the Ho Chi Minh Trail. Local councillor, Virginia Morris, and her husband Clive, are frequent visitors to South East Asia, having walked the Trail. They have a detailed local knowledge of what they have photographed and written about. Actor Hugh Grant once said in the film �Notting Hill�, about Turkey, when he was trying to sell a travel book: �it helps, as the author has actually being there�! Presumably that inspired Julia Roberts to buy the book on Turkey even if it was being sold by Hugh Grant! The same sentiment applies with �The Road to Freedom� which is authoritative, full of knowledge and detail, and yet sensitive to the intricate and virtually impossible sets of circumstances which have faced the people of South East Asia over the last fifty years. The Trail I lived through the awful times described and remember them well. My cousin was killed during that war, as a serviceman, so I have a particular interest in what Morris and Hills have to say so many years after the events occurred. I have also served with many US personnel who fought in Vietnam. The Ho Chi Minh Trail was a decisive factor in the defeat of US forces in the Vietnam War. At its peak, over 16 years, the Trail ran through North and South Vietnam, Laos and Cambodia. Despite massive bombing, American efforts failed to prevent essential goods reaching the North Vietnamese Army. What is so important about the book is the attention it pays to detailed research, the places photographed and visited, and the people interviewed. In its historic perspective, the book is an illuminating statement of the human cost of the war. Morris and Hills were the first Westerners to traverse the entire length of the Trail. They have produced a balanced and fascinating account of what is a most remarkable feat of engineering and tactical warfare during the War. Morris describes the Trail �as one of North Vietnam�s greatest military achievements�. She recalls an interview with General Giap, who oversaw the construction of the Trail, by saying whilst they were �at opposite ends of the political spectrum� she looked forward to shaking hands with him because he was �the man who had the vision and intellect to see its construction through to the fall of Saigon.� Indeed, it was a tremendous human achievement which won the war. It is always difficult to view �achievements� such as the Trail without consideration of the human cost involved. 120,000 people worked on the Trail with over 20,000 dead and 30,000 seriously injured by chemical sprays and unexploded bombs. The problem for Westerners is that we really do not understand South East Asia. The Trail, like the Burma railway, was built on death and human misery but this was a logistics exercise to end all logistic exercises. Pham Tien Duat wrote a war poem about Xieng Phan in 1963 which concludes on the immensity of the project: �The sound of the slow drawing from water pipes, The great sounds of trucks heading along the road, In the battle zone, The sound of bombing seems so small!� A short review such as this cannot do justice to this scholarly and original work which is a worthy addition to the military historian�s library, giving a fair and balanced account of a remarkable feat of engineering and tactical warfare mixed, as it is, with all the excitement of a travel book. And haunted by the ghosts of those who created Ho Chi Minh�s Trail. "

"SETTING EDUCATION�S BALANCE STRAIGHT: Let�s get rid of the curriculum of the self! Clearly, it took a lot of courage to write a book like this when one reads through it and can imagine what fellow tutors might feel who do not necessarily share your own point of view in the educational world. The two Professors, Kathryn Ecclestone and Dennis Hayes, have produced a important work on educational policy and thinking here which, in my view, is much needed by giving some balance to the current debate on the future of education and the type of people we are producing for this first generation of 21st century. So what is this �therapeutic education�? There is no one single definition from the authors but let�s has a go- they write that: �Therapy was once regarded as a cure or treatment for people who were disturbed or troubled or mentally ill.� They continue �now the term has changed its meaning and become a positive value�. This is where I come into the discussion, reading the work as part of my PGCE studies and being genuinely affected by it because it covers much of what has concerned me about what is happening in education in the early part of this century. Continuing their theme over 8 chapters looking at different areas, the first introductory chapter is entitled �In an emotional state�. Here, the authors examine �how the government has come to sponsor therapeutic education as part of New Labour�s approach to �social justice�� offering �examples of popular concern about emotional well-being and the therapeutic orthodoxies that underpin and reinforce this interest�. The authors then show a political evolution from ideas about conferring esteem on a vulnerable public to the more active promotion of �the means to be happy�, and they summarise how their arguments have led to a new role for education. For me, this book then became a critique of what the �New� Labour government has done to the UK with its policies embracing �therapy� in all its guises since 1997, and I agree with most of what the authors have written, having viewed the effects of therapeutic education directly in further education colleges and at university (chapters 4 and 5) as a teacher in recent years and as Counsel in the courts. Many readers of this book will know that it is no secret that much of what we teach today does not meet the requirements of our society and, frankly, much of the blame can be laid at the feet of this �therapeutic education� experiment which has failed with serious consequences for society. That is the strength of this book. There are well argued conclusions to each of the main chapter headings, but the most important is left to the end, in chapter 8, entitled �a response to our critics�. I said Ecclestone and Hayes have been brave when looking at this �new curriculum of the self� which is how I would describe therapeutic education and therapeutic approaches to knowledge which (they say) instills �the idea that the pursuit of knowledge, once a liberating ideal, is inherently emotionally unsettling and even damaging� if such approaches are used. Yes, they are correct and I gained original knowledge of it whilst completing my PGCE. THE NEED FOR BALANCE One sub heading is �There are a lot of damaged people out there�! The authors look at the state of suffering and their comments made me think immediately of the previous generation to mine whose lives had been transformed by world war but had got on with it, as ex-servicemen like me do today. I came away with the view that there is a strong need for balance, but that balance has shifted the wrong way and the reasons have been identified by the authors. The authors� final conclusion is �don�t change the subject� where they write that �therapeutic education exposes children � and older people to intrusive interventions that probe, elicit and assess their emotions, and make them accountable for them. This reinforces a view that they are vulnerable and at risk�. I liked the best bit of the conclusion when they say that �therapeutic education is social engineering of the feeble, passive subject on an unprecedented scale�. The final problem to consider, then, is what have we produced here with the learners? The presumption is that most learners are damaged in some way. I support the view of Ecclestone & Hayes, and would go farther saying that it is rubbish to make such sweeping generalisations on �damage� which the therapeutic educator has done to turn education upside down. The balance needs to be redressed because the saddest thing of all is we produce people who cannot read and write properly, but have a dangerously high ego which is of no value to employers, or ultimately to society which could become �broken� if remedial action is not taken soon. Watching the news over the summer, I reflected on the effects of this experiment with the incidents of violence on the streets, serious challenging behaviour exhibited regularly especially by the young inside and outside the classroom, and, that by �changing the subject� what is actually damaged is society itself because that subject has been changed. However, it is not too late, to revert to established techniques which returns therapy to its rightful place. I very much hope, after 2010, with our next newish baby boom, that the education balance can be redressed and we get away from the dominance of popular culture on social thought to expand and not diminish human potential and put therapy policy in the limitation box where it belongs. We should be very grateful, and thank, Professors Ecclestone and Hayes for having the guts to stand up and be counted on this issue- more power to them. "

"OUR CONTEMPORARY COMMON LAW UNDER SERIOUS ACADEMIC POLITICAL SCRUTINY It always amazes me that many students and lawyers assume that judges don�t play politics because the reality is that they do� justified by the words �common law� and �policy�! However, the beauty of our common law system is that the judges don�t do it overtly, so this book succeeds in answering its basic question- can a revitalized common law address a plural, post colonial future? I came away from the authors� conclusion that the answer is �yes�. It is �yes� because the subject has rightly been �reinvented� and �re-orientated� by them, giving what we all know as a �legal system� or �legal method� both some coherence and foundation which seemed to be lacking before the Human Rights Act 1998 appeared and changed the legal landscape. For this reason, I welcome the book as a major statement on a twenty-first century evaluation of common law as our own legal system becomes more entwined in EU law, and global legal and financial issues (most certainly the financial ones) appear so much more relevant to all than they once did (in the summer of 2008). I was reading this book during the annual Human Rights Law Conference which Justice run each year with Thomson Reuters. I heard many speakers referring to what I see as the main thrust of this work - an evaluation of the general jurisprudence of human rights emanating from the 1998 Act in our current common law context. Jack Straw introduced the 1998 Act, and he has now become our Lord Chancellor (in a reorganised post) whilst I write this review. Straw remains very proud of his achievement which he reminded the Conference he considers (rightly) as being one of the main lasting legacies of the Labour Party�s current term in office from the last three Parliaments - a singular �big� achievement for the Blair and Brown governments as they have changed the face of law in Britain forever. OPENING THIS NEW CHAPTER Gearey, Morrison and Jago recognize that the Act has created a more pronounced judicial intervention into politics which is to be expected with its review of administrative actions in the public sector since the Thatcher years. The greatest value of the book for me is that it places our picture of the common law in its contemporary context and reviews our criminal and civil procedures although none of the authors are practising lawyers (probably a good thing, too!) I found the book highly informative with 16 chapters on jurisprudential themes, each of which examines the pressing issues of the day- especially the tensions between the requirements of economics and the demands of justice. It is quite a deep book requiring a basic grounding in legal method, and I would advise learners to have some knowledge of our legal system before reading it otherwise it will be hard going for some. To me, its greatest value is to be found in placing the common law with each of its historic links covering the four themes they employ: (1) an engagement with the cultures of the post-colonial common law; (2) the notion of judicial practices; (3) an engagement with the notion of procedure or process and (4) human rights. The common law will always be born out of historical experience (mainly precedent) by its very nature. So, I came away from this book reminded of some of my old political campaigns, mainly against anti EU factions, and I tried to consider the useful practical implications of this work which have opened up a new chapter for all of us: and there are many as the debate opens up. What Gearey, Morrison and Jago have achieved here is the forerunner of a new, stronger debate on the value of the common law in a post Human Rights Act 1998 age which will be upon us shortly as we review the new Green Paper on a �Bill of Rights and Responsibilities�. We will need to place this debate which has begun here in its new context with the EU, and globally, as the new century takes hold and some of our main legislative codes merge as the main challenge to a globilisation of legal institutions one day in the future. "

"THE BEST DNA POCKET BOOK AROUND We do really need this book as the law of evidence is becoming one vast DNA test in many fields where the defence insists on challenging basic factual statements (on instructions from the client, of course). The questions really are � what use is this book and does it help me with my work? The answer to both questions is a resounding �yes�. DNA is now the indispensable weapon in the fight against crime because it allows both the unambiguous identification of the defendant from traces of biological material left at the scene of a crime, whilst acquitting the innocent. In plain English, �Dealing with DNA Evidence� states how DNA evidence is actually obtained � something many of us are totally unfamiliar with. Semikhodskii describes the various types of DNA test which are available and what the weaknesses of DNA testing are. For the benefit of both the judiciary and the defence, the author explains how DNA evidence can successfully be challenged in the courts so that the impact of such evidence can be minimised, or even dismissed completely. The defence advocate is given even greater assistance with strategies for refuting DNA evidence when presented and discussed during any stage of the criminal justice process. However, readers should note that the emphasis is squarely placed on DNA evidence so that it can be treated as just another piece of evidence which, of its own volition, would be insufficient to convict the defendant of a particular offence. Who should bother reading this book? Most students I remember from my Bar Vocational Course would run a mile rather than read something like this book. However, the book must be essential reading for students and practitioners of criminal law and practice, for forensic science and law, and for all practitioners within criminal justice management at whatever level because it is a unique sourcebook for twenty-first century advocacy which no professional criminal justice manager should be without today. Whilst the cases, statutes and regulations are relatively sparse for detail, I came away with the impression that �Dealing with DNA Evidence� presents a fair balance of the tasks confronting advocates in this new frontier of proof. I always remember hearing a devastating question posed by the great Norman Birkett KC when he asked a hapless witness (allegedly expert) �what is the co-efficient of the expansion of brass?� This expert didn�t know � round one to Birkett, even if the question was a bit unfair, and possibly irrelevant. What Semikhodskii goes on to say is that when an advocate is faced with scientific evidence, he �has to understand it and the prosecution scientist who presents it, as well as the scientist who is working for the defence team�. Counsel will know that their defence job is to highlight the drawbacks of the prosecution analysis presented to a jury and also have the ability to question experts about the subtleties of their supposed scientific expertise. It is right to say that such questioning is undoubtedly true for DNA evidence because it will be possibly the most scientifically demanding types of evidence available to the Crown. There are eleven chapters in the book covering the following detailed areas of DNA law: An introduction to Criminal DNA Analysis; Forensic DNA Testing; Interpretation and Statistical Evaluation of DNA Evidence; Criminal DNA Databases; Pitfalls of DNA Testing; DNA Testing Errors; DNA Evidence Interpretation Errors; DNA Evidence During Trial; Challenging DNA Evidence in the Courtroom; Post-Convictional DNA Testing; and Ethical Aspects of DNA Testing. The book concludes with a detailed set of references and a splendid glossary which I feel any person involved in the criminal justice process will find extremely useful. Readers will find the index detailed and content-heavy which really sums up the subject matter nicely for the subject is technical. THE BALANCED DNA POCKETBOOK Lawyers may wonder why this book is relatively slim at about 150 odd pages plus the referencing material. I felt that this book is actually more of a slim pocketbook on DNA for the advocate for both sides. �Always know your enemy� has been used a standard tactic for centuries so do not underestimate your opponent�s DNA case. Semikhodskii writes in his preface that the understanding of how DNA evidence is obtained and evaluated allows lawyers to find pitfalls in evidence and in data interpretation, and to use their skills when dealing with other �id� evidence to highlight them to a jury, concluding that �providing lawyers with such information is the main goal of this book�. Well, he has scored with that one! The author goes on to say that a match between the accused and a biological sample recovered from a crime scene �does not and should not automatically mean conviction, even if it is a complete match�. This is why the subtlety of the book strikes such success � it is the balancing act which Semikhodskii achieves for both sides of the argument so that fairness will prevail. CASES AND REFERENCES Clearly, this is a book about detail. However, the case law is somewhat thin at present although R v Doheny and Adams [1997] 1 Cr. App.R. 369 features well on the conflicting sides to expert evidence in the courtroom. I am sure more cases will follow as they are reported. The book mainly succeeds with its well constructed writing style which is to explain complicated scientific and statistical issues in simple terms for all. However, there are additional detailed sources referred to such as �Forensic DNA Evidence Interpretation� (Buckleton, Triggs and Walsh 2005), �Forensic DNA Typing� (Butler 2005), �Weight-of-evidence for Forensic DNA Profiles� (Balding 2005), �Statistics and the Evaluation of Evidence for Forensic Scientists� (Aitken and Taroni, 2004) �Interpreting Evidence� (Robertson and Vignaum, 1995) and the invaluable �Genetic Testing and criminal Law� (Chalmers, 2005). These sources give tremendous additional gravitas to an already highly competent book which will clearly become a classic as the 21st century�s new discoveries unfold. "

"RE-VISITING THE MEDICO-LEGAL LANDSCAPE You have given me the solution, not the problem here! In the 18 years since the first edition, then called �Medical Negligence�, appeared there has been massive change from the 1980s in the medico-legal landscape. Michael Powers, the late Nigel Harris and Anthony Barton and their team are responsible for producing the definitive work on clinical negligence which has direct relevance to lawyers, medics and all other professionals involved in the rigorous and lively debate surrounding this specialist area of negligence as health issues remain at the top of the political agenda. The book has everything the practitioner needs being a compilation of the experiences of the eighty contributors set out in an authoritative manner with an index at the beginning of each of the 56 specialist chapters. It starts with a simple title in chapter 1, �The Law�, and then �Clinical governance� in chapter two as an overview, and then goes into every medical department we need to refer to, explaining the law as it affects all aspects of clinical activity. It is very unusual to have a politician as the writer of the Foreword but when one reads John Baron�s comments, it becomes apparent that his government continues to consider the structure of the NHS and its future role one of the highest priorities. Baron feels an opportunity was missed concerning the �truly independent� nature of dispute investigation which many may disagree with, notwithstanding the �patient problem� or human rights. Baron goes on to write that �there are said to be about a million adverse clinical events each year, but there are only a few thousand clinical negligence claims� and he rightly puts into perspective the approach which lawyers must have concerning contentious litigation. I teach conditional fee agreements (CFAs) as part of my mandatory continuous professional development commitment as a barrister-at-law, but I always exclude clinical negligence and specialist risk assessment because it is in a league of its own as far as negligence practitioners are concerned. Baron says that �politics, society and natural justice demand that we have a system that is accessible to all, fair and economically viable� and then we get the dreaded word �finance� appearing and a surprise statement from a Labour politician that �the conditional fee system supported by private insurance could be an answer�. It may well be once the latest academic review of CFAs is concluded by the Ministry of Justice but it certainly isn�t the socialist way. However, although the politician says many of these issues �have more to do with politics and economics than law or medicine� (ruling out more legal aid money). How right he is! Fortunately, the book is brilliant on detail and how the system works, especially for the advocate preparing and appearing in court with superb chapters on experts, evidence and proceedings, settlements, the role of leading counsel and trial, with the ever trusty CD ROM which I find makes life a great deal easier as a dependable data tool to go with the bulky red book. There is much in this statement of the law which I barely understand, especially some aspects of the terminology which evaded me as a Bar student although the idiot�s glossary was my revision tool. I can report that whilst this book looks daunting, and the subject looks (and is) daunting, the beauty of this statement of clinical negligence is the clarity with which the subject is explained without the over-use of references, but with a friendly index which more than saves time by the way in which it has been compiled and structured. Michael Powers and his team identify the biggest change in clinical negligence as the development of �after the event� insurance and CFAs whilst John Baron says the future for �clinical negligence legal practice is bright and prosperous� (an interesting use of the word �prosperous�) and that change �should be embraced as an opportunity, not feared or rejected as a threat�. Yes, good point, and he ends with something I heard many times from a former female PM �lawyers will need to demonstrate their professionalism by representing the solution, and not the problem�. They do just that, in my submission, and this work provides the solution not the problem for which we should all be very grateful to the learned and distinguished contributors who have created the definitive statement on clinical negligence in a one stop volume and made our litigation lives a great deal easier in the process. "

"BESWICK & WINE IS A CLASSIC VINTAGE NOW! Susan Singleton provides an excellent summary of the legal and taxation aspects of buying and selling a business or shares in a private company- it is invaluable as a practical guide. The seventh edition of this most well respected book continues to provide a sensible and structured step by step guide to the sale and purchasing process and the key commercial, tax and legal issues arising from company and business sales. This essential manual has been designed to reflect the buying and selling process in practice and it addresses fundamental issues from the perspectives of both the seller and the purchaser. �Beswick & Wine� is written for practitioners actively engaged in private company merger and acquisition transactions and remains vital reading for all solicitors, accountants and corporate financiers. There are six parts covering the seller and buyers perspectives, the acquisition agreement, post-completion and special situations which can arise like buy-outs, and finally 13 precedents which make up a quarter of the book and they provide excellent, carefully drafted detail for all concerned. CHANGES SINCE 2001 This updated edition takes account of various changes to the law and applicable regulations since the publication of the last edition in 2001, and includes: � Companies Act 2006 and its implementation from 2007 to date � Financial Services and Markets Act 2000, which has come fully into force since the sixth edition was prepared � Enterprise Act 2002 � Pensions Act 2004 � Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) � Other recent legislation where relevant, such as Consumer Protection from Unfair Trading Regulations 2008 From due diligence through to completion of the share purchase or business transfer agreement, Susan Singleton gives us what we expect: clear, expert advice which is a hallmark of Tottel�s publications. Issues of particular significance to the sale and purchase process are not addressed as separate topics in the conventional manner but in the context in which they would usually appear in the transaction. Singleton�s describes the companies expressed to be bought or sold as (i) unquoted, (ii) limited by shares and incorporated under the Companies Acts, and private companies. She does add this comment that although some acquisitions are of public companies, when she worked at Slaughter & May, �that would frequently be the case� she concludes that �most acquisitions in the UK are not of public companies� and her practice since then has largely been concerning private sales so this is the market addressed by the book. Singleton succeeds admirably with her task and brings that special editorial expertise which makes her a great and worthy successor to Humphrey Wine and Simon Beswick. "

"THE ONLY GUIDE TO FUNDING THE SUCCESSFUL TRANSATION IN CHANGING TIMES The acquisition finance industry continues to gain importance in our global community, and it is seen by many as one of the great success stories of the UK financial services sector at the moment, so Tom Speechley endeavours with this guide are not in vain when he explains what this subject is all about for the uninitiated. It is primarily about transactions which make up a cornerstone of English Law although he speaks as a financial adviser rather than as a lawyer now. His definition is that of �any transaction of a business that is financed through funds raised specifically to effect the acquisition.� He then goes on to explain that there are two distinct categories of what we can call acquisition finance transactions: those that have a financial sponsor effecting the acquisition, and those that have an existing corporate business making the acquisition. LEVERAGED CORPORATE BUY-OUTS & LEVERAGED CORPORATE ACQUISITIONS The book is aimed primarily at the buy-out but Speechley does consider the principles which are still relevant to the acquisition. What I find very helpful about this book is the way each step is explained as the author constructed his text. An excellent and detailed glossary sensibly starts off the work of the book which has 13 chapters covering the following: an introduction and overview; the acquisition; financing the acquisition; the equity investment; senior debt; second lien debt; mezzanine debt; high yield debt; pik (payment in kind) notes; ranking the layers of finance; deal execution; public-to-privates (i.e. takeovers); and multi-jurisdictional buy-outs. Whilst Tom Speechley says that this work is �essentially a commercial perspective� which draws on his experiences as a �transactional lawyer, as a temp banker and subsequently as a principal in private equity�, his legal background comes out with the finely tuned explanations and structure of a book which covers complexity and serious money-making with equal vigour. I liked the detailed index, and the detailed chapter structures at the beginning of the book which made it much easier to navigate. He says it is not a legal guide but will be of equal use (or interest) to principles as well as advisers. Well, yes, �Speechley on Acquisition Finance� does just that from his new location in Dubai which just goes to show how global financial acquisitions are conducted in 2008 with a book which is a brilliant explanation of how such systems currently operate in changing times with the aftershocks of the US sub-prime crisis now being felt. This is a very forwarding thinking publication on a subject which will certainly continue to dominate fiscal issues for the greater part of this century as more people get rich and richer, and I will look forward to the next edition of this book once sub-prime settles down and a bit more sense prevails in the financial sector as technology takes its hold on 21st century."

"KEN MASON�S NEW TEAM EXPLAINS MODERN FORENSIC MEDICINE BRILLIANTLY There is no doubt- modern barristers and solicitors need this book as the twenty-first century moves into its main, post-celebrity phase, with medical and technological advances coming to the top of our legal and humanitarian agenda. The title is a great reference work for both criminal and civil issues as many briefs become so much more complicated as the issues between the parties deepen. Trainee lawyers will also find it very useful with the 30 pages of appendices covering all those important practical points which take so long to look up. Cowan and Hunt�s agreement to update Ken Mason�s original 1978 work has given us a first class contemporary statement on what constitutes forensic medicine as far as lawyers are concerned with its brilliant introduction and early chapters on applied anatomy and physiology, and comparative medico-legal systems. There are 31 chapters detailing the medical and legal considerations faced by forensic pathologists from the point of reporting a death through to the various topics of investigating and diagnosing cause of death. The work also covers forensic issues relating to non-lethal violence, mental health and public health. New material includes commentary on wounds, explosions, head injuries, transplantation, asphyxia, marriage and pregnancy. NEW REFORMING STATUTES Numerous legislative reforms are given the right pitch here setting out knowledge of the impact of new laws including: � Human Rights Act 1998 (inevitably) � Sexual Offences Act 2003 � Human Tissue Act 2004 and Human Tissue (Scotland) Act 2006 � Gender Recognition Act 2004 � Adults with Incapacity (Scotland) Act 2001 � Mental Health (Care and Treatment) (Scotland) Act 2003 � Mental Capacity Act 2005 � Mental Health Act 2007 30 years ago Mason foresaw that the day of the single-author textbook was over and it is understandably so now because of the detail required today in many aspects of law and medicine and the range of the issues covered. Cowan & Hunt cover all aspects of the relationship between forensic medicine and the law exceedingly well, including an overview of general issues relating to medical ethics, negligence, and the regulation of the medical profession. I liked the diagrams and the explanations of Latin best as it actually reminded me of the nicer aspects of studying biology at school (some fond memories here!). The authors write that �the intention of this textbook is to give the lawyer a better understanding of the expert evidence provided by health care workers in both the civil and the criminal courts and in consultation�. The team succeed as the �Mason� brings science to the lawyer for our particular purposes when trying to simplify the complex for a particular tribunal or client. It is clear to me that �Forensic Medicine for Lawyers� is a most valuable addition to the practitioners� common law library, whether it is crime or PI, and I would imagine we will need another edition as the pace of scientific and medical advance continues and further updates are needed. Sharon Cowan and her team are to be congratulated on a genuinely readable book which deals with hard cases in a very practical way. Thank you, you have made our professional lives a little easier. "

"GREAT FOR THE TAXING TIMES OF THE SPECIALIST PROFESSIONAL This book is a little goldmine of tax information for the self-employed professional. It answers those questions which one always has difficulty with, and yet feels awkward asking the accountant about- you can find the answers here! Whilst the book is put forward as a guide to tax planning opportunities affecting those professions with a specialist or unusual occupation, it is the pitfalls and reliefs which offer the best information and fulfills the role it sets itself. There are 19 occupational chapter areas, and 6 heavyweight appendices which are directly relevant to specialist careers that are subject to specific tax rules. Keith Gordon�s third edition remains intelligently set out and well organized in a highly practical format. It has an alphabetical user-friendly layout with these up to date informative appendices, and a list of tables which allows ease of access and coverage of the Finance Act of 2007 and 2008, and the Income Tax Act of 2007. Gordon has added three new chapters for the third edition covering cemeteries and crematoria, independent contractors (in particular, those operating in the IT sector) and the rules allowing tax-free late-night travel from work and coverage from the leading authority, known as the Arctic Systems decision by the House of Lords (Jones v Garnett). The new edition also gives comprehensive references to important HMRC commentaries relating to different occupations which will save time with your accountant (as you have to do much of the donkey-work anyway), and the index remains excellent on detail and accessibility. This is another excellent work from Tottel for the busy professional practitioner, and those in self employment, who need answers to some simple tax questions, but has often been afraid to ask. Gordon�s chief concern is that the concept of tax simplification remains a long way off, and it haunts the work although he recognizes that simplification and fairness are not always able to co-exist. I felt that the best value of the book lies in the way HMRC treat particular occupations covered here, with the overview Gordon provides over rules targeting small businesses. To many professionals and their advisers, the ways of the HMRC are often not obvious (that is putting it kindly), but the third edition goes a long way to giving a reasonably detailed overview of the problems some businesses face when it comes to obtaining any form of tax advantage because of the nature of their businesses and commitments, however much the civil service object. I leave the final comment to Baroness Hale who expressed what is described as a �provisional� view on the backroom support of Mrs Jones in the Arctic Systems case by saying that �Mrs Jones was receiving only what she deserved and that therefore there had been no gratuitous (or bounteous) disposition towards her.� I suspect that many users of this book will understand (and sympathies with) the position of Mrs Jones only too well, and reflect on how complex the tax treatment of specialist occupations remains with simplification years away. Thank you, Keith Gordon, for �Gordon�s Guide�, and for giving us your insights and experience as a barrister and accountant on the vital tax issues which affect us in these important occupational areas of business as both users and advisers. "

"�COME ON IN CHEQUES- YOUR TIME IS UP- ELECTRONIC SIGNATURES NOW RULE!� THE RISE OF THE ELECTRONIC SIGNATURE 170 odd years after �Byles� first appeared we have Mason on Electronic Signatures. Stephen Mason sums up the balance between his work and the long established and companion of renowned, Byles, when he writes that a colleague once referred to electronic signatures as the �burning branch of obscurity. Mason�s friend was �indicating, indirectly, that although electronic signatures in their many forms are used daily by millions of people millions of times�, the understanding surrounding the topic (like bills of exchange) was negligible! Mason succeeds with his aim to bring the topic of electronic signatures into focus with lawyers and non lawyers in an age where the common law notion that it �never had much truck with technological objections� could not be more unfortunate as the global market place dominates. Mason�s book, itself, is an excellent exposition of practices across the world with 16 detailed chapters, five appendices and a glossary. He provides an in-depth analysis of: � what constitutes an electronic signature; � the form an electronic signature can take; � issues relating to evidence, formation of contract and negligence; and � guest authors writing chapters to cover Canada, Germany and the USA. THE INTERNATIONAL PERSPECTIVE As the global economy takes full control this century, �Mason on Electronic Signatures� reviews these �electronic signature acts� throughout the world and investigates how they have been amended by examining a number of important cases which have been reported in the following jurisdictions which may be of interest to your firm: Argentina, Australia, Brazil, Canada, China, Colombia, Czech Republic, Denmark, Dominican Republic, England & Wales, Estonia, Finland, France, Germany, Greece, Hungary, Israel, Italy, Lithuania, Netherlands, Papua New Guinea, Poland, Portugal, Singapore, South Africa, Spain, Switzerland and the United States of America. This second edition is very timely giving a practical whilst comprehensive guide to the understanding of what an electronic signature is. The book starts with a clear overview of the concept and history of all forms of signature and provides a fantastic insight into the way the world now views this method of asset exchange since Victorian times. "

"THIS BOOK HITS THE IT SPOT NICELY! Professor Bainbridge brings his unusual, but welcome, experience to this mix of law and technology with a superb fifth edition of software law. There is a splendid glossary (which could do with a bit of expansion) and 12 chapters covering all the intellectual property law suspects (patents, confidentiality, competition etc) and some great stuff on Europe which would give UKIP a headache (deservedly) in the form of five appendices: three directives; a proposal; and some highly relevant web links. Bainbridge starts his book with his view that "at one time, the protection of computer software against unauthorised copying, distribution or use was not a significant one�. He recognises that national and international IP laws have been ill-equipped to provide protection. This work clearly plugs a gap in the newly emerging area of 21st century software law. He states his central aim as examining critically the various forms of protection that can now be applied to computer software. His aim is achieved, and I hope many non-lawyers will read this work (it has few cases, readers will be relieved to find out!) as the bootleg DVD/CD menace continues and creative people can obtain better protection. It hits the IT spot nicely. "

"CALDER�S CLARITY FOR GOOD CORPORATE GOVERNANCE PRACTICE Alan Calder�s masterful new work allows the reader to become much more familiar with the practice and the main principles of what we now call the �governance� of a company. He introduces the newly used (and slightly ridiculous) title of �governance� as a strategy by writing that �corporate governance has become critical for all medium and large organisations. Those without a governance strategy face significant risks; those with one perform measurably better.� Certainly, but what� new except a change of word from �running� to �governance� (to incorporate compliance)! Calder goes on to state his aim is �to provide a clear description for managers and executives that will enable them to identify the practical steps necessary to meet today�s corporate governance requirements�. So, has he succeeded in this aim? Yes, and very well indeed with a readable work for the non-lawyer- no cases and statutes in the body text, and useful notes at the end of each chapter. The book has 19 chapters and 8 appendices (where the legal bit is). This is a down to earth book which explodes the celebrity nonsense of �greed is good� making way for �looting is good� and the repeated challenging behaviour exhibited with the spate of collapses and failures greeting this new century with its uncertainty and sub-prime bad management practices still rife. Calder should be required reading for directors and shareholders with his chatty style which deals so well with what running a company today means for you, your name in business and how much money you can make. He identifies that studies have shown that share price is often linked to the effective governance (running) or otherwise of the company itself. This price is reflected by providing board members and managers with a string financial incentive to maintain effective corporate governance practices (well covered in the appendices). The great benefit of this book is how Calder covers what should constitute good governance (which varies in different countries and companies as we all know) so that there can never be a �one size fits all� model for corporate governance. Alan Calder�s book is timely with his coverage of the United Kingdom�s consolidating Companies Act 2006 (one of the largest pieces of legislation ever passing through our Parliament) and the American Sarbanes-Oxley Act which gives us the current direction in which businesses must go to be successful�and compliant. This is a practical guide that gives clear and concise information on what makes for good corporate governance and I hope that some notice is taken of the propositions put forward because of past behaviour by directors, investors and staff. He sets out the duties and obligations of company directors and puts today�s corporate governance of day-to-day business in perspective. Fortunately, most directors are law-abiding business people. �Corporate governance�, or running your company legally (and, possibly with a bit of morality to cater for global concerns!) may seem another extension of the nanny state or �like unnecessary bureaucracy and red tape that interferes with the effective management of their company� but Alan Calder achieves his objective with a book designed to give all types of director directional clarity about what is�and what is not�the acceptable practice with their businesses. It will be fascinating to see what he does with a possible future edition as our global business and financial community develops, and I am sure Mr Calder will be up to the challenge at the time, notwithstanding the unforeseen which has made the business of business so exciting down the ages. "

"DOHERTY & GUYLER�S EXCELLENT APPROACH TO MEDIATION IN OUR DIVERSE SOCIETY Doherty & Guyler have produced an excellent guide to modern mediation techniques here. Their analytical review of dispute resolution has direct significance to our need for strong policies on diversity in the modern workplace today. The book is a practical approach on how to deal with the confrontational aspects of challenging behaviour in modern business without resorting to the courts at first instance. It is a commonsense book for both the business professional and the lawyer/adviser prior to the litigation process, and it is great for reflective practice on how to respond to conflict in most working environments. The work is also ideal for continuous personal professional development giving sensible solutions to workplace disputes for all levels of the workforce. The guide gives advice concerning why conflicts arise, the methods of dispute resolution, how mediation can be developed in the workplace, and team mediation and group dynamics. Be prepared for some of the jargon and language we see in educational research and human resources �speak�, although, to be fair, Doherty & Guyler use it as sparingly as possible with their case studies which I found most helpful throughout the fifteen chapters. This essential guide is useful for the trainer who needs to anticipate and pre-empt situations and incidents. It attempts to offer advice to diffuse conflict in all its shapes and sizes and it has an appeal across business structures for all workers in modern society. It is also free of �lawyer-speak� (no footnotes and cases) which will be of interest especially to the modern solicitor, citizen adviser and the unhappy client who wants a �day in court�. It is, in reality, an essential guide to survival by mediation where behaviour has become the ultimate challenge not just for the boss, but for all colleagues. "

"HOW TO INTERVIEW WELL�ON BOTH SIDES! How often have you been to an interview only to find that it is a training session for an interview? Probably more times than you wish to recall � or actually realised! The �interviewing game� is highly important and Dr Rob Yeung comes to the rescue of the inexperienced with helpful suggestions on the many proven techniques which leading organisations now use to find the right candidates, and spot what is going on�on both sides. INTERVIEWS: WHAT A LOAD OF RUBBISH! Characteristics of the good interviewer/interviewee attract a great deal of rubbish comment in the press, and in books, so it is refreshing to find Yeung�s treatment of what is a painful experience for most people. Finding the right person and ensuring that the right buttons have been pressed is as difficult as anything one can do in working life. I had always thought �getting that job� was about luck. Wrong! Yeung�s view is that it�s about preparation, and his final words cover �The 10 commandments� at the conclusion of the book which candidates should note and memorise carefully. There are 14 chapters covering the following issues: � why learn to interview properly? � structuring the interview � developing your questioning skills � avoiding poor questions � honing your listening skills � preparing to interview � opening the interview � competencies and example interview questions � discussing money � wrapping up the interview � rating candidates and making a decision � evaluating and improving the interview process � creating useful interview documents � final words THE FUNNELLING AND STARS TECHNIQUES Most people reading this review, which is designed primarily for my law trainees as a forensic technique, will recall their examinations and the techniques used to revise for law exams. �Funnelling� on page 26 is an excellent device and complimented by Yeung�s STARS acronym for the employer covering: situation, task, actions, result, summarise. The importance of STARS is two way. As an interviewee you want it to be a two-way interview otherwise how are you going to work with these people! As an interviewer, you must structure what you want to ask. It�s not quite like a cross-examination where I will develop points which arise from answers given, but I will have thoroughly prepared my questions in advance in the areas where there are issues between the parties but I have to be flexible if the evidence given does not �come up to proof� as we put it. But you have to �come up to proof� in the interview thus avoiding poor questions (and poorly prepared questions) which are common errors. YOU CAN ALWAYS DO BETTER I came away from Dr Yeung�s work glad to have read something which confirmed my best and worst thoughts about technique. He is right to say that interviewing is a skill, but it is also one which can be meticulously learnt with proper preparation and care which Dr Yeung sets out in a most useful format here. The step-by-step guide is a splendid collaboration with �the Sunday Times� but remember that whichever side of the desk you sit on, you can always do better and Rob Yeung gives you the best current and contemporary analysis of how to interview and recruit in the internet age of employment finding, and his advice should be followed. "

"TO MANAGE, OR NOT TO MANAGE: THAT IS THE QUESTION- AND THIS IS THE BEST ANSWER TO MANAGING MANAGEMENT! Michael Armstrong�s book has been a phenomenal success since it first appeared in 1983 as �How to be a Better Manager�. Yep, it has grown from strength to strength with each edition selling very well with a tally of over 120,000 copies sold so far. And its success is well-deserved. It is the book I do see at railway station bookstalls for the traveller who doesn�t want something too intellectually heavy for his business journey, but wants to be well briefed before his next hairy meeting in a relaxed sort of way on the journey to the appointment. It is four years since the sixth edition came out, and Michael Armstrong has updated this impressive work in some detail. His fifty key aspects of management have undergone extensive and necessary revision. Armstrong has included eight new chapters dealing with how to achieve continuous improvement (so important for the zealous regulator of today), how to delight (make sure you control the jokes), how to manage risk (very important for solicitors), how to prepare customers and make a business case (the life-blood of the advocate), how to create a business plan (most important for barristers), and how to recover from setbacks (extremely important for advocates!) Lawyers are managers and small businesses, and must have the skills outlined by Armstrong to be a success when they go up one notch to run (in other words, to manage) a case in court�. and succeed. The demands made on us in today�s uncertain, demanding and turbulent world are on the increase. We are all in need of professional development at all times to keep abreast of new reforms which we need to brush up on and be current, and this book gives us the tips on practical management which will be of special interest to employment lawyers. There is a great deal of common sense in this book and it will certainly reinforce the views of many of how modern management is managed. The 50 areas covered are self-contained, falling into three areas: managing people, managing activities and processes, and your own management and development (CPD). The Foreword says this handbook is particularly useful for NVQs, PGCEs and CIPD/human resources functions but, for the lawyer and general reader, it goes further as it helps with the profiling of people whom we meet as clients as well as those we manage in our firms or chambers. I liked the appendix in particular with its coverage of positive or negative indicators of performance which will be great for those entering conditional fee agreements and compiling risk assessments. Also, the general bibliography gives an informative reading list which shows the knowledge Michael Armstrong has given to us with this fine statement of how management works. The purpose of continuous personal professional development (CPPD) and current reflective practice will help business people (including lawyers) build up their managerial knowledge and skills in most current situations we face with the splendid guidelines offered. This title is the best answer to managing management today. "

"GET SAVVY WITH THE GRATH�S HANDBOOK ON FINANCIAL REGIMES IN WORLD MARKETS The subject of �finance� often strikes fear into the hearts of vulnerable people (traders) because they are wary and afraid of the power it wields. Andres Grath dispels such fears with his excellent addition to the international trade and finance bookshelf, twenty years since the original handbook was first published. The key to understanding how this global industry now works is with the opening words where Grath writes �an international trade transaction, no matter how straightforward it may seem at the start, is not completed until delivery takes place� and he then examines the occasions when things might go wrong. There are eight chapters covering these areas: trade risks and risk assessment; methods of payment; bonds, guarantees and standby letters of credit; currency risk management; export credit insurance; trade finance; structured trade finance; and terms of payment. It is a handbook I would like to have read before I completed the international trade module of my Bar examinations because it gives valuable information for businesses, describing the negotiating process from the perspectives of both the buyer and the seller (who become my clients when there is a dispute). Grath succeeds in giving a valuable insight into the complete financing process for the busy professional taken from his experience of major European financial institutions. There is a useful glossary at the back and a small index although no web links are given. This handbook is a practical reference guide for everyday use and I found his tables, diagrams, and practical working examples of great help in understanding the key finance areas of international trade in the twenty-first century, and the direction which the global finance markets now appear to be taking. The handbook is primarily of significant benefit to all international traders as they expand their business opportunities and enter new global markets. It is also a work which educates all new to the industry, and has the facility of easy use for the expert professional, and the newcomer to banks and other trade-related institutions in all parts of the world today. The new edition by Kogan Page is to be enthusiastically welcomed as global markets and transactions dominate the centre stage of new trading outlets, and the problem of payments continues to unravel to a new generation of financiers with all its attendant difficulties. "

"SURVEYING STREET CREDIBILITY This unique book, which fits into the pocket nicely, is a succinct, quick-reference guide to the legal problems affecting our streets. Much of what is in the book makes up the type of personal cases which many urban councillors, advisors and lawyers confront on a daily basis when advising constituents or clients. This manual looks at street use by individuals such as drivers, pedestrians, contractors, cyclists and dog owners. It investigates potential dangers, conflicts of interest, and public nuisances occurring in our everyday environment. In short, it is an invaluable guide for members of the public with local residents� problems, community safety practitioners, residents� associations, planners and those affected by planning applications, and lawyers handling personal injury and nuisance litigation. I see �Street Use and the Law� as an easy-to-use set of lists which deals with each topic alphabetically, and has a comprehensive index to give the reader quick access to find where the appropriate legislation is. Fundamentally, it is not a �heavyweight� legal publication but more in the way of a legal �ready reckoner� (in the non-arithmetic sense, so you can breathe a sigh of relief!) where each topic points to those parts of a statute which is appropriate to the topic, and it summarises effectively what the law contains in each relevant Act. Great for the busy community solicitor and legal aid practitioner! There will be critics of this little book, which is in reality merely a manual or guide, but I am not one of them. It is long overdue for the �community� book market and a welcome friend to it. With so much going on at street level in our society, it is not surprising that so many areas of contention arise from street usage. Enter �Street Use and the Law� as the first point of reference for all legal issues arising from street law and pavements politics so favoured by one particular party. Paul Clayden covers issues of liability in relation to the responsibilities of local government well, and he examines the duties of local authorities to ensure the well-being and safety of all road users. It could well become the pavement politicians �bible� for the simplicity of its statement of the law. The book has just over 160 pages covering such topics as what laws apply if fairground attractions obstruct traffic; if a dangerous dog is allowed to roam the streets without a muzzle; if a drain which overflows has led to dangerous amounts of surface water; and the ever-present nuisance of the abandoned shopping trolley. The book deals with these and many other numerous types of potential danger and public nuisance which make up everyday, mundane but nevertheless, important, issues for local people. The contents cover the following areas which may be relevant to your practice: abandoned vehicles; advertisements; alcohol consumption in public places and drunkenness; anti-social behaviour; banners; begging; betting and gaming; bicycles; bus shelters; byelaws; closed circuit television and speed cameras; the community support officer; crossings; deliveries of goods; disabled persons; diversions and street closures; dog control and dog fouling; drainage of highways; excavations and deposit of material in street; forecourts; gates, walls and fences; graffiti; hedges; hoardings; ice and snow; invalid carriages; licensed premises; lighting; litter; noise; obstructions; parking; pavements and footways; processions and assemblies; public conveniences; road humps and other traffic calming measures; road traffic regulations; ropes and wires; scaffolding; skateboarding and roller-skating; skips; statutory nuisances; street collections; street trading; street works; tramways; trolley vehicle systems and guided transport systems; trees; and trolleys. There is a word of warning, though! Do not fall into the trap that so many laymen fall into that this book is an antidote to all the wrongs that befall road and street usage. It is not a replacement for the very detailed expositions of case law and statute law to be found in a law library or by visiting costly lawyers for advice but it will be invaluable for residents groups. Paul Clayden does say in his Preface that for a fuller exposition of the law reference should be made to legal textbooks or other specialist legal publications. The Preface also contains useful definitions (perhaps it should be re-named a �glossary of terms�!) Clayden has also included guidance and/or directions which are contained in the ever-increasing ministerial circulars and publications by government departments and other bodies. The internet is the key to such information although there are no internet links given in this work so the reader will need to google. I would like a greater use of internet sources in the inevitable second edition. I described this guide to street law as unique because it brings together all the problem causes me and my colleagues have faced and currently face as elected local councillors from Parish Council upwards. I see it as a �must have� book for local environmental pressure groups and community or residents association. I can finish where the author, Paul Clayden, begins when he writes: �whilst not specifically restricted to streets in urban areas, the topics covered are likely to be of greater relevance in such areas rather than in rural areas�. Having represented people in both types of areas on different local authorities over the last 25 years, I fully concur: this is a fine manual for the concerned environmentalist and street user. "

"WE'VE FLOODED WITH HOWARTH'S EXCELLENT ADVICE Years ago I met an elderly lady councillor who proudly informed me that she was the �flood control person� for her Council. If there was anything I wanted to know about sea defences, she could tell me about it � and she did. So I was flooded by advice and global warming wasn't mentioned once...thank goodness. Surprisingly, it was not the boring subject I took it to be. As a son of the soil and not of the sea, I often find it difficult to get up a head of steam on this one. Flicking through Howarth�s �Flood Defence Law� prior to a detailed read, I was struck by the variety of problems directly affecting flood defences which I have hitherto ignored as a trivial �green� issue without much purpose or political clout. I was wrong when I saw the most helpful points on environmental and ecological impacts, and Wendy Le Las�s planning contribution which, as usual, is always worth reading. My attention has been heightened in recent years by a series of talks given by members of the Royal Society for the Protection of Birds at the Political Party Conferences as the Third Sector pressure groups see the value of attending and lobbying such jamborees. The issue is about our habitat, our environment and, of course, about money which local authorities must spend. I have come away with the view that the tag of �green� issues is somewhat inaccurate � the issues are as blue as the cover of the book. Flood defence topics cover drainage of land, defence of watercourses, preventing the sea from flooding, the provision of flood warning systems and coast protection to prevent erosion. Professor Howarth, as an acknowledged expert, has tackled a truly diverse range of functions extremely well. The �Two Reluctances� The surprising reluctance to impose criminal culpability or civil liability concerning flood damage is well covered here. It�s a bit like that other little �reluctance� of spending money on a problem which successive governments now ignore at their peril. I was particularly impressed with chapter 4 on the Environment Agency and its operational powers � there are some very useful case law citations and discussions including the celebrated Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board and East Suffolk Rivers Catchment Board v Kent. TOPICAL CONCERNS STILL NOT ADDRESSED The Government of the day continues to have these wonderful plans to give local authorities all these wonderful powers of delegated legislation: the problem is � no money with which to do it. We know there is no a criminal offence of causing flooding whilst civil remedies for the enforcement of private duties to prevent flooding are quite limited. So what Professor Howarth investigates is the extensive powers given to public bodies with responsibilities for flood defence and the few duties actually imposed on the Councils. Flood Defence Law shows the neat balance between flooding caused by human failings, and flooding caused by the brutality of nature alone. It will be interesting to consider how much further power will be devolved to councils and agencies by future governments. Help will be at hand with this book because Howarth has drawn together considerable expertise from what he terms a �range of perspectives� to embrace the practicalities of flood defence law, and the practitioner�s viewpoint. With higher than ever rainfalls, and possibilities of climatic change imminent, this excellent exposition scrutinises legal provisions and administrative responsibilities in a clear and concise way. I did like the table on European Community Secondary Legislation which is becoming of such significance in the early years of this century as new member states join the European Union. This is a good, all-round read for laymen and professionals. "

"Shaw's Directory of Courts in the UK 2008/9 YOU CAN BE SURE WITH SHAWS AGAIN THIS YEAR I always like Shaw�s Directory when it comes out each year as it continues to offer the �one stop� factor I look for, and has the basic information I need for my practice. The 2008/09 edition is no exception. It is a detailed volume in five parts with three appendices containing comprehensive statements on just about everything you could conceivably want to find out about in one place within fiddling about on the internet. This year, following the successful implementation of a unified system of courts administration in England & Wales, the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 has heralded a major reformation of the Scottish Court Service so editors Sarah Bruty and Kelly Young have worked very hard to implement the new information set out here for the first time. WHAT DO YOU GET WITH SHAW�S? For over 250 years, Shaw & Sons have been supplying the legal profession and local government with specialist books specifically for that market. And each year, they produce this excellent �Shaw�s Directory of Courts� which is a more detailed and comprehensive version of the various �Courts Guides� which a number of publishers also market. Shaw & Sons provide full details on the recent courts re-structuring exercises whilst retaining the traditional layout which many will be familiar with. The publishers have also taken the opportunity, whilst updating the information from the judiciary websites, to reflect recent streamlining of HMCS, introducing helpful new features. Your clerks will find that all Crown, County and Magistrates� Courts under each region�s administration have been indexed within the Regional listing, for ease of location of courts within the dedicated Parts. Also included are extensive listings of Probate Courts in England and Wales, including names, addresses and contact numbers for all registrars, as well as normal opening times. THE INTERNET & EMAIL My main concerns again rest with HMCS�s reluctance to expand their use and practices regarding the internet and to ignore much of it as being dangerous and not secure. With further technological changes taking place at the moment, I would like to see the Directory include more detailed IT sections in the next few years with web links and email addresses. I suspect many practitioners who would like to use direct email and internet links with the courts but remain thoroughly mystified and dissatisfied with the attitude of some courts towards any form of IT change. However, this may not happen for some time although I feel it is inevitable to give clients a proper 21st century service. The Directory, however, is still the definitive source of information on Her Majesty�s Courts Service with its related offices. The Directory gives that extra, additional information which your admin staff often need and waste time trying to find- it provides accurate, up-to-date details of contact names, telephone and fax (yes, still fax!) numbers, addresses, document exchange numbers, court codes and the normal times and the sitting of our courts. Comprehensive United Kingdom Coverage Full information is supplied in one source book for the Supreme and Appellate Courts, the High Court, Crown and County Courts, Magistrates� Courts, Courts of Summary Jurisdiction, Sheriff and District Courts in Scotland, Coroners, the Probate Courts, the Crown Prosecution Service, the Crown Office and Procurator Fiscal Service� and Penal Establishments - without having to look at a Prisons Guide. This is the most comprehensive reference work of its type and it has modernised to meet the current demands of the courts system, and for those who have dealings with them. "

"DEPENDABLE & RELIABLE AS EVER: THE TENTH WALKER & WALKER I have a nostalgic feel for Walker & Walker as it was the first main book I read whilst studying �A� level Law in the late 1960s. In those days I think it had a yellow cover and was certainly not regularly updated with new editions as much as is the fashion (and need) today. However, the current editors, Professor Richard Ward and Amanda Akhtar have gone for fetching pink and blue! It�s an attractive cover for what remains an attractive book of detail, and the authors have risen to the task and produced an excellent work which fits the undergraduate market extremely well for today. I am glad that they have kept the title and not changed it to something like �common law systems� or �reasoning�. Like many, I am proud that the �English Legal System� is what it says it is- a system of law historically developed for us in England and Wales. I do, of course, understand that overseas jurisdictions would prefer the term �common law� as it removes any hint of imposed colonial rules although we have to face the facts of life which are that England gave a very large part of the world its principles of the common law, derived initially from the Normans and pre-Conquest custom. The structure of the book is much in keeping with today�s academic requirements (and, thankfully, no �activities�). I like the emboldened short form introduction to each chapter and the excellent reading list at the back of each chapter. The 10th edition is completely up to date and OUP have now moved into the very welcome world of online resource centre updates as reform continues at such a cracking pace. On footnotes, I suggest that readers do not get too bogged down with them - I did all those years ago until I realised that it is the main text only that I needed to read over, and read over reasonably quickly to get the general picture. The footnotes give learners the referencing which is the gloss for their essays although I would think the weblinks will be increased in the �Further Reading� sections for future editions as the internet takes over much of our learning function as more examination by assignment, and different methods of legal assessment develop. Ward & Akhtar succeed with their aim of providing an accessible and relatively concise expedition of the main principles, rules and issues affecting the English Legal System. Also, they have maximized the user-friendly nature of the book which I would not have envisaged 40 years ago with the way the law was taught and applied in those days! The authors have the balance right for 2008 with the inclusion of issues which are really valuable amid the heavy legislative programme which successive governments have undertaken to modernise what is a very old, but uniquely valuable and traditional common law English Legal System which will remain whatever the provocation from the EU! It retains my affection as the best ELS book for my undergraduates. "

""PREPARED FOR THE LAW�BUT NOT THE POLITICS"- THE EASY CHARM OF HARRY WOOLF I liked this book because it has the easy charm and the depth of its subject, Harry Woolf, whose character comes out very clearly in the work, so well structured by Christopher Campbell-Holt. I liked Lord Woolf when I met him some years ago at a prize-giving at the University of London, and I can see much of his personal motivation and thought shining though in this excellent set of essays which all law students should read before their exams. The layout of the book places his lectures and writings in their context and gives a valuable glimpse into the world of top judges and the tremendous issues which confront them with their work. I do associate Lord Woolf with the Human Rights Act for which he will always be closely linked, and for his strong support for the need to be tough on the causes of crime itself. And I will forever thank him for the Civil Procedure Rules which will be his legacy I came away from reading the essays with the view that his pursuit of justice is based on the need for long term policies which are constructive with solutions to sentencing inflation and prison overcrowding, the responsibility for which has to be laid at the politicians' doorstep. Woolf has talked about a residual power concerning human rights 'which may not need to be an intrusion' when thinking about such issues, and it is his balance in the pursuit of justice in areas such as this which shines throughout the book. It is a great read for the budding jurisprudent and legal philosopher. "

"THE PI BIBLE FROM AND FOR THE JUDGES This work first appeared in 1992, and at that time, Lord Donaldson wrote that there could be no doubt about the practical value of this volume. Since then, the work has become essential for practitioners and now I would not dream of advising on a personal injury matter without referring to the JSB Guidelines first. The guidelines are always well received, and they have a clear and well received influence on the judiciary. Colin Mackay explains the current need for the work as a record of the levels of awards and settlements which we use as a starting point for our advocacy. Updates are always difficult but I believe Mackay J and his team have produced the level of consistency needed for the making of awards which served the interests of justice as well as any person can. Lord Justice Waller, in his Foreword, welcomes the work and highlights the comments from the book�s readers together with all the different areas where reports are to be found which makes the working party�s job so difficult. This is not, however, a �ready reckoner� but, as Mackay says, it distils the conventional wisdom contained in the reported cases, and supplements it from the collective experience of his working party, presenting the result in a convenient, logical and coherent form. The work is now widely adopted as the starting point in negotiating levels of payment for general damages in personal injury cases. Contents cover the following: Injuries Involving Paralysis; Head Injuries; Psychiatric Damage; Injuries Affecting the Senses; Injuries to Internal Organs; Orthopaedic Injuries; Facial Injuries; Scarring to Other Parts of the Body; Damage to Hair; Dermatitis and a useful index. The publishers send copies of these guidelines to all hearing PI cases, and it is an indispensible tool for all legal professionals involved in PI litigation, from lawyers to insurance companies, trades unions and medical defence organisations. Today, I cannot be without my copy of the JSB guidelines, and I know the clients appreciate the wisdom they give! "

"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! "

"ANALYSING THE NEW MENTAL HEALTH LAWS Doughty Chambers barrister, Paul Bowen, specialises in human rights law and public law and has used his considerable knowledge to assemble an excellent guide to a technically complex area of social importance: mental health issue- the area few want to talk about. The Mental Health Act of 2007, and the earlier Mental Capacity Act of 2005, are both reproduced in this guide that delivers the concise and accessible information on the latest legislative changes and amendments now in force. The recent history of the new legislation has been controversial, so the guide gives an introduction to the substantial amendments to the existing 1983 Act by analysing the amendments in two parts: Part 1 covers reform of the 1983 Act with an introduction and background to the subject including the effect of the Human Rights Act. It then goes on to cover six headings: an overview of the 1983 Act and its amendments; amendments to the criteria for guardianship and detention under the 1983 Act; additional safeguards for patients in relation to admission and detention; supervised community treatment; medical treatment for mental disorder under the 1983 Act; and other amendments. Part 2 covers the Mental Capacity Act 2005 and its amendments beginning with and introduction and overview. There are seven specific sections dealing with: care and treatment at common law; care and treatment without detention under the 2005 Act; detention for care and treatment under the 2005 Act; standard and urgent authorisations; representation of schedule A1 detainees; the Court of Protection, the Public Guardian, and the Court of Protection Visitors; and finally the interface between the detention and treatment regimes after the three main acts and at common law. Apart from the full text of the three Acts, appendix 4 covers, in diagram form, the Standard Authorisation Procedure Under Schedule A1 of the 2005 Act which students and practitioners alike will find of great use. Cases and terms and abbreviations are also useful extras for the guide which gives timely and expert commentary on the meaning and effects of the three pieces of legislation. The foreword, by James Munby, is sensitive and to the point when he highlights Bowen�s reassuring approach with the debate on whether the redefinition of �mental disorder� and the replacement of the previous �treatability� test, for instance, may prove to have what the judge describes as �the undesirable consequences that many feared�. The hotchpotch of the provisions which have been amended are clearly the pathfinders for future argument and judgements with the inevitable human rights challenges. THE FINAL CHAPTER I found the final chapter one of the most important ones in the guide when Bowen covers the interface between the 1983 and 2005 Acts. The guide is also a practical approach because it prints the two Acts showing which words have been deleted and which words have been added by the 2007 Act, so that the reader can compare the �old� and the �new� texts at a glance. The Mental Health Act guide from Blackstone is a fair statement of what has happened since the process was started ten years ago by Professor Richardson. There is a certain inevitability in the somewhat frustrated view of Paul Bowen that �still, this is the legislation we have, so we had better get used to it�! It is a fair statement of the anguish which the parliamentarians had when they debated these sections. I welcome this important guide as the perfect companion for all practitioners who need to be up to speed with this analysis of the latest set of rules since the introduction of the Human Rights Act whilst Blackstone�s guides remain cost effective solutions to the vastness, complexity and expense of legal rules today. "

"A GREAT DICTIONARY TO DIP INTO FOR LAW ENFORCEMENT This new publication is an adaptation of what many lawyers will remember as �A Dictionary of Law� some years ago. Oxford University Press have excelled with this practical, succinct pocket dictionary which is an essential reference resource to dip into involving all matters criminal. The Oxford Paperback Reference series remain the world�s most trusted reference books. This new title on law enforcement fits in nicely with current trends in the criminal justice process at whatever level of involvement. The reader encounters words they may be unfamiliar with regularly as law enforcement becomes increasingly a multi-agency activity Graham Gooch and Michael Williams have, between them, over sixty years� experience of the investigation and prosecution of serious crimes which meets the new needs of our law enforcement community. The original law dictionary has now been expanded to meet the needs of those enforcing the law. Gooch and Williams succeed with their aim in providing a clear definition of the terms which are new and specific to law enforcement. There are also more detailed explanations where necessary with key cases and statutory provisions cited where appropriate. This dictionary has a very wide application because so many potential readers will find it of use as law enforcement becomes a major significant area of applied criminology. Years ago when I wrote a number of textbooks on Criminology and lectured the subject at University I was in need of a pocket book of this size and detail to assist myself as well as the students whenever I needed to find a definition of worth. Gooch and Williams have come up with a work of worth which blends the difficulties of terms with an ease of understanding which clients and all associated with criminal justice management would welcome. The scope of the book is also wide, providing a key reference source for students in further and higher education, with those studying for professional or vocational qualifications and the wider public. I was particularly taken with the clarity of explanation of what I term the �scientific solutions� where I can be confronted with trying to explain in very simple English what DNA is, or what, say, �fingertip bruising� is. The work put into this dictionary should not be underestimated. It caters for the professional and the novice and it shows the way forward for a modern reference manual covering the framework we now have for law enforcement in all its new guises as regular bouts of criminal justice legislation are passed and alternative methods sought to deal with the perennial problems affecting criminal justice which tend to repeat themselves throughout the ages. This is a book for the twenty-first century and has excellent supplementary material including abbreviations and acronyms, recordable offences, disclosure code and disclosure guidelines. For instance, just take a quick flick through it and go to �diving licence� which gives the reader exactly what he or she may be looking for regarding factual content when the memory can sometimes play tricks during a pressured conference, and you get the countries where our valid licences apply- not a piece of information I would normally have at my fingertips. The new direction in which this and, I hope, other OUP dictionaries will go in the future offering the one stop shop for criminal justice definitions is to be welcomed. The unique team of a policeman and an intelligence officer compiling such a work is to be commended as the work of the two agencies tend to become ever closer because of the shrinking of the old �splendid isolation� of our international bodies tasked with law enforcement towards a new age of threat which is far more legal than military in its makeup and needs good legal resources for assistance. It is to be hoped that the dictionary will be regularly revised with new legislation and it becomes popular as an e-book which readers can view by visiting their main websites Thank you, Messrs Gooch and Williams for setting a modern precedent with your endeavours- Dr Johnson would be very proud of you! "

"MANAGING THE PEOPLE BUSINESS It is generally considered that the success of a company relies heavily on the performance of its human resources managers, who sometimes have a somewhat less than enthusiastic audience or any set of admirers! Michael Armstrong�s practical guide to managing people quashes some of the myths about people management, and provides an invaluable insight into the main issues which arise for front-line management including: leadership; motivating people; team building; delegating; interviewing; managing performance; developing and rewarding people; managing change; and handling people problems. Each of these key topics can be the subject of �management-style� books but Armstrong gives up his secrets on people management in 12 definitive chapters, and some useful references which could be a bit more detailed and web friendly. Armstrong concludes that people often leave their managers, and not their organisations, for many reasons mainly connected to relationships and career development. Whilst a business has progressive policies (often forced on it by government), the practical application is in the hands of both HR and line management to perform the difficult tasks. Armstrong succeeds in his aim of showing managers how to explain to staff what they are expected to do with their responsibilities. He covers the main actions that managers have to carry out to get things done through people very effectively, and the advice to frontline managers is well contained in this easy and practical guidebook. The book will get you the best results but remember that to manage people, �managers have largely to do it themselves�. How right he is - we all know about the �buck-passers�! The distillation of Michael Armstrong�s knowledge and experience for managers has not really changed in the 30 years since I became a manager, and he gives us great advice on managing the people business which is very relevant for the technological challenges of today�s world. "

"FENNELL SETS MENTAL HEALTH LAW STRAIGHT Professor Phil Fennell has produced just the right book for the courses I run currently covering those involved at any level in mental health issues. It is a difficult area of law and one which needs to be treated with a high degree of caution and sensitivity because of the powers available which Fennell demonstrates and explains admirably with a sure touch throughout. STRUCTURE OF THIS BOOK Fennell�s aim is to explain the new framework of mental health legislation in a way which is accessible not only to professionals but also to service users, carers, and interested lay readers. He does just this in the best way possible with the tools he has at his disposal. All readers should start this book by looking at the points concerning implementation of the current MHA 2007 in the Preface, and then review the 12 chapters. There are no plans to produce a consolidation Act merging the 1983 and 2007 Acts although Fennell produces one in Appendix 1. The amended provisions of the DVCVA 2004 are in Appendix 2. The provisions for Bournewood authorizations for deprivation of liberty under the new Schedules A1 and 1A to the MCA 2005 are in Appendix 3. These main changes should be introduced by October 2008, with Bournewood authorizations in April 2009 and other implementations by April 2010. What we now have being introduced in stages is a comprehensive code of mental health legislation from the two MHAs (now consolidated) and the MCA creating the powers to deprive people of their liberty and treatment without consent based on distinct eligibility criteria for compulsion, and with separate Codes of Practice. In effect, frankly, it�s all a confusing mess but with some redeeming features which Professor Fennell brings out in the best way he can with this fundamental statement of what Mental Health law now is seen to be as far as we understand it. THE CHAPTERS Chapter 1 looks at the legislative background and reviews policy contexts including �The Bournewood Gap� issue. Each chapter has a useful conclusion at the end of it which gives perspective (where it can) on its contents. Chapter 2 gives an overview of the Mental Health Act 2007. We then move into specific definitions of �mental disorder� and the availability of appropriate treatment in chapter 3, and statutory powers and responsibilities of staff in chapter 4. Chapter 5 covers relatives, independent mental health advocates and hospital managers, and chapter 6 reviews detention powers under the MHA and MCA. The issue of the detention of mentally disordered offenders is covered in chapter 7, and chapter 8 reviews compulsory powers in the community with a consideration of the legal and policy framework of community care. Chapter 9 sets out the discharge and review of the lawfulness of detention by tribunals and courts which are of direct relevance to lawyers. Chapter 10 explains opinion procedures on the consent to treatment for mental disorder. Chapter 11 deals specifically with children, and the final chapter looks at criminal offences and the transfer of patients between jurisdictions. There is a small index at the back which could be expanded although I thought the case law references were excellent and we could have more internet references. Prof Fennell does his best and gets full marks for explaining the mess which our legislators have created. He writes that the MHA �marks the intersection between the health system and the criminal justice system�, and points out that there is potential for broadening the scope of compulsory powers which sits uneasily with current concepts of human rights. Fennell has set mental health legislation as straight as he can for Jordan Publishing�s New Law Series - I welcome it as the best (and only) current statement we have in this delicate area of community responsibilities for those with mental illness at the present time: it is clearly the most authoritative work we will have for some time to come on the new law. "

"NOT SUCH A RIGHT WALLY AFTER ALL! Paul Genney weaves a good tale with this patchwork legal quilt of �fly on the wall� vignettes linked to his character, �Wally� Wallace of Whitebait Chambers, up north. I met Paul recently and he outlined his book, which took my attention so I read it with interest after the defining Mortimer years with Rumpole and Sir John�s concerns over �New� Labour changes to our profession which seem to have set the current precedent in modern legal characters after Henry Cecil�s Roger Thursby in the Fifties, (which was controversial enough in its time.) Most practising barristers will identify very quickly with the issues confronting our flawed hero, Henry Wallace. I�m not giving the plot away, but let me just say that Genney falls nicely into the Somerset Maugham concept of the novel which should end with a death or a marriage, or so Willie said in his most esoteric work �The Razor�s Edge� (which didn�t). Read �Pleading Guilty� and you will see the nice twists as they develop. It is a book for today with the nice, under-done boot kicking softly at the legal establishment, born more out of a frustration with the system which we all feel from time to time. This snapshot of legal life has the statutory four letter words -a bit too many, but probably at the publishers� insistence if modern success in getting published is anything to go by. Some were rather unnecessary as most of these words are normally �quotes in court� and not that often heard in the robbing rooms (as we are a bit busy). I came away at the end, as I sometimes do at the end of a case, feeling for the loneliness of the advocate - many of us been there with Wallace and the dead client, and some of the more fundamental incidents of life which most portraits of barristers just seem to have to include: adultery and personal life, dealing with death, and quirky clients of one description or another. But that�s what we do. Don�t get me wrong, I found this book hard to put down when I started it, so I became curious and had a bet with myself as to how Genney would structure and flow his 43 chapters. He has clearly borrowed some of his old briefs and witness statements (just to refresh his memory, of course) but the result works as his ingredients mix well with the office relationships and the great names he comes up with- I liked, especially, Horace Pickles, or should that be James Rumpole! Yes, I know who you mean. Readers should look at chapters 23 and 27 which I found particularly moving and I am sure many legal professionals can identify with much of Genney�s understated views. This is a great new contribution to modern chambers fiction, and if he comes up with a sequel, let�s have less of the bad language, more character description but keep your concept of two legal twists at the end. And please keep the jokes running, especially if they are at the expense of New Labour and certain London chambers. Well done, Paul. We can�t give you the �detective writers� dagger�, but I will happily give you the �chambers� writers gavel� from the departed Rumpole, as Henry (�Harry�) has now joined the legal fiction club for the twenty-first century, and let�s hear more from him and your provincial Bar. "

"A FUND OF FUNNY LEGAL STORIES FROM THE FIFTIES WHICH IS TIMELESS This work remains an excellent introduction to the problems which many trainee barristers face today even though it is a very old book now covering a period when pupils paid for their pupillages and you could appear robed in court on day one. As to be expected with Henry Cecil, it is a series of his short story (porbably mostly true) on the theme of pupillage in 1950s. And, at the same time, the problems advocates face today are quite well covered in this funny set of legal stories which many in the legal profession did not take to initially all those years ago! We can view the situations with much more relaxed humour today as the class divide has been bridged to a certain extent. Recent books on pupillage still recommend Henry Cecil's 'Brothers in Law' and I do advise students to watch the very funny film starring Ian Carmichael as a rather priggish Roger Thursby who has just been called to the Bar. Cecil was a County Court judge, His Honour Judge Leon. The importance of this book is about the people that it portrays as the client problem and the judge problem still remains even though new technology has intervened. What comes out of the book is the type of character we come across as lawyers every day...and how they don't really change down the ages. I watched the film again recently and had another look at the book which remains a firm favourite with me as a nostalgic trip back in time to a different age for the barrister. Do get it as it is still my friend in court, even now, and entertaining with that sparkle of truth which always runs through the law and its clients, even now! - "

"A JARGON-BUSTING GUIDE TO MODERN BROTHERS (AND SISTERS) IN LAW�WITH GREAT UPDATES! This is a very much needed book, with useful online updates, for anyone interested in becoming a barrister-at-law in England and Wales in 21st century. There has always been a certain amount of mystique about the Bar and what we actually do. Adam Kramer has been able to distill the work we do in a matter-of-fact way as though he were addressing a jury- and he puts the issues across very finely indeed with most questions answered. Ex Bar Chairman, Stephen Hockman, introduces the book in a very friendly manner and then launches into the realities of life at the Bar and the sort of problems we are facing at the moment. He concludes that �I only wish it had been available to me when I started in practice 35 years ago� thereby identifying that today we have many new entrants to the profession from �outside� so they will not know much of the intricacies of professional life gleaned from parents and relatives. This is a good thing because it shows the broad base which gives the Bar its unique talents for today. And, of course, this sort of book is needed as it explains all those little things which happen which appear a bit odd to �outsiders� but are part of the traditions of the legal profession (and they work otherwise we would have got rid of them!). The book has 14 fact-filled chapters, and a most useful �further information� section at the back to go with the glossary, index and �timetables for routes to the Bar�. Probably the two biggest issues to be faced are well covered by Kramer: all aspects of money from paying fees to earnings; and �can you do the job?� With the regular suggestions of change to the way barristers are trained, I would expect more emphasis on continuous professional development and reflective practice at the Bar in future editions to meet current policy directives from our regulators. READ THE ONLINE UPDATES Since the book appeared, the Legal Services Act 2007 was given Royal Assent on 30th October 2007, and we are still assessing the main implications for reform so read the updates online. Clearly more changes will follow and I hope that readers will not be put off by some of the statistics produced by Kramer on �success rates� for pupillage, quoting 2004 levels with 1,251 passes for the BVC, and only 556 pupillages available. Since then, notwithstanding diversity policy which has failed, the situation has declined markedly and it would seem that big changes will have to take place to ensure that we have a sufficient supply of new barristers �in stock� to balance wastage. The message comes clearly through that it is in the interests of no-one to see the Bar wound up and merged into some form of trial lawyer section of a big firm of City solicitors. WHY BARRISTER? So, do not be put off when you read this book! Kramer writes �it will then be for the reader, who knows his or her character and circumstances, to decide whether to seek to become a barrister�. Yes, he has succeeded in giving an understanding of the process by which a person wants to become a barrister at a time of numerous (yet incomplete) changes to the system. No book can ever give you the reality of what it is like to do pupillage as some many are so different. My pupillage was before the rules changed, and it was in a common law set with a general and varied practice whereas much training today will be in highly specialized areas of great value to the paying client. I was also lucky to have had a small drama scholarship and, with the two professions have much in common concerning fame, fortune and the daily grind of �jobbing� work, it was of help because pupillage selection committees often look for the �rounded person� who does not necessarily come from a straight legal background. The rewards are there and, for me, work at the Bar is giving fair representation to the under-privileged (that is, most of us) who have absolutely no idea about what those �guys in wigs� do. You do now, with Adam Kramer�s great pocket guide on being bewigged but no longer bewildered. "

"THE JR HANDBOOK HAS BECOME A WELL-PRUNED INSTITUTION FOR THOSE WHO PRACTISE PUBLIC LAW Yes, the fifth edition of the �JR Handbook� is now out and it lives up to all our expectations. When I bought the first edition, I didn�t realise that Michael Fordham had not done a judicial review case before he had written it, and that is probably just as well as he came to the subject with a different perspective which we have all benefited from. The fifth edition has been extensively pruned and remains the clearest statement on JR matters for all concerned in such proceedings. An added benefit now is that the �Case Synopses� are available at the �dot com� version of the handbook by keying in the title- this is welcome with the continued growth of case law which would otherwise make the work unmanageable for any handbook of this nature. As a result, there is no messing about with this handbook! Fordham goes straight to the main, first question describing basic steps in what he refers to as �P1� for the starting chapter- great for the lay client as a starter, although I expect some readers get a bit confused by the layout of this book initially. However, once the handbook is used, one gets used to the format quickly. There are four sections covering (A) the nature of judicial review (keys to understanding what the Court is doing); (B) parameters of judicial review (further dominant themes shaping the law and practice); (C) grounds for judicial review (public law wrongs justifying the Court�s intervention); and (D) materials (key sources of rules and procedure). We have now entered the post Bingham era and, as Fordham says, the new edition makes it an opportune time to take stock of the subject. Lord Woolf�s foreword rightly indicates that the growth of the handbook�s contents, whilst matching the growth of judicial review, could pose a danger that this work might no longer be so convenient to use. But, as Lord Woolf comments, Fordham is no novice now and is a distinguished leader in this field at the Bar, and he has come up with the necessary pruning to allow the contents to remain un-smothered. The subject matter is treated in sufficient depth throughout and it retains the best of the past editions, including massive case law which all of us as users - the practitioners, the judges, the academics, and the lay clients � allows the ability to keep abreast of change, even with the heavy human rights law task which could have let Fordham�s standards slip a bit ten years ago � but they haven�t, as he is a master of all that he surveys in this area. Whilst I was firstly bemused by the label of Lord Bingham�s immense and lasting contributions to JR with his rulings and reasoning which are �overflowing with pithy insights� guiding practitioners and judges for decades to come, I welcome the phrase �Binghamised public law� although I don�t know whether his lordship will agree with this tag! On reflection, I do! Michael Fordham has been both �working� and �doing his book� at the same time, and as he says, it is a distinction without a difference for us as the users. And, thankfully, he has written the best statement of principle to extract, classify and illustrate cases which we have for issues of judicial review where the emotions run high between the public and the state: this handbook has now matured to become the institution it is today although I had a feeling it would when I used the first edition fourteen years ago for drafting, and I haven�t changed my view of the help this work gives me: it is my new best JR friend. "

"A FAIR DEAL FOR THE NEW DATA MODEL This book has a wide-ranging appeal for all lawyers, students and those in the public and private sectors who are now covered by the rules concerning all aspects of data usage. Estelle Derclaye�s aim is to examine and compare the several types of protection available for what she calls the �investment in database creation� because there is still no recognised international harmonization between the major players. Many will know, as professionals or learners that in some jurisdictions there are laws which over-protect database contents, whilst in others there is under-protection. So, Derclaye sets out her comparative analysis with an introduction, ten chapters, and a conclusion plus an excellent, extensive and detailed bibliography, an annex stating Directive 96/9/EC and a full index. I went to the conclusion first as this book was based on Derclaye�s doctoral thesis and I wanted to see what her recommendation is. It is a good one! Estelle Derclaye recommends that Europe should revise the Directive and suggests that the United States, other countries and WIPO or the WTO adopt the model she sets out in chapter 10 declaring that this model is �a compromise between American misappropriation and the European �sui generis� right�, and �is balanced enough and can be enacted�. It is always good with a book like this one to have a solution to offer rather than the usual moaning about the problem, so how does the author get to her conclusion? The answer is in the structure of a well-thought out and conveniently structured analysis which examines and compares several methods available for the protection of an investment in database creation by means of the four types of law which she has chosen to review: intellectual property; unfair competition; contract, and technological protection measures (TPMs). The evidence for Derclaye�s conclusions comes from the use of criteria based on a combination of the economics of information goods, the human rights to intellectual property (always emotional), and to information (and any public interest) concerning her proposed model which it is suggested can be adopted nationally and internationally. The way the author arrives at her conclusion is to examine the protection of databases in the European Union (Part 1, chapters 2 to 5) and then the United States (Part 2, chapters 6 to 8). Of direct interest to practitioners is chapter ten on remedies, and its part seven covering the relationship with other laws specifically contract, TPMs and competition law. Her penultimate conclusion is that �a carefully crafted �sui generis� intellectual property right is the best solution to protect investment in making databases both at national and international level� using the suggested model and a revised Directive. I see no problem with this once the political will is forthcoming- which may be some time away. Derclaye�s debate is timely and her methodology sound as we all look for the best method this century to give public and private databases some form of proper consistent legal protection which is now inevitable and long overdue. I have always been a non-regulation man, but there is a good case here for Derclaye�s database protection model and I hope her suggestions are not in vain! "

"A FINE LEGACY FOR THE EARLY DAYS OF EU LAW: The exploratory and creative work of Sir Francis Jacobs Francis Jacobs will clearly be seen as one of the founding fathers of modern EU jurisprudence with his 574 Opinions set out in order at the Annex to this splendid compilation of views edited by Philip Moser and Katrine Sawyer. There are ten highly distinguished appreciations from sixteen of the most prominent names associated with the development of EU Law in practice and in the academic world. The book will be seen as a piece of history of the early days of European law-making done in a warm, friendly and at times jolly manner from the conference in 2006 where this book was born (the United Kingdom Association of European Law), and where Lord Slynn pays tribute to the quality of Jacobs� opinions and their jurisprudential correctness in his thoughtful preface. When I was a law student, I did not really understand the role of the Advocate General properly so the book is a good reminder of the role to me many years later. The job Jacobs did was to provide independent and impartial opinion once the parties had completed their submissions but before the judges had begun their deliberations in a particular matter. Like everything in the EU, it takes time up but this concept and method of creating community law is a new way (to some) to look at legal problems and assess the correct outcomes when one is dealing with such a variety of cultures and customs on the continent. The many diverse fields of community law as it has developed are well explained from freedom of movement of goods and people, to the emerging principles of modern human rights law. The contributors have analysed his legacy well and Slynn sums up much of the compilation when he writes of Jacobs� quality of expression both exploratory and creative which �may have a longer-term effect on the development of the law than the short-term importance of the immediate disposal of the case�. How true! The well earned respect of his colleagues places Sir Francis in a special place for the evolution of community law as an ideas man who had to face up to the hard EU cases. Konrad Schiemann comments that he will re-read part of the book to �stimulate my mind on what I trust will as a result become a clearer judgment� thus illustrating the inspirational tone when it comes to the shaping of the EC/EU legal order (and yes, I am merging community and union here!). I hope one day that those pests who call themselves Euro-sceptic will re-read this work and see the far-reaching consequences of what Advocate General Jacobs created. The book should become essential reading for future law students as the authority of the European Union and its concept of community law develops a firmer design in the first half of this century. This book is a worthy history about a worthy man�s opinions which will shape the European ideal for decades to come as new lawyers come to grips with the concept of community law and what it means for the jurisprudent. "

"EU Assimilation & Adaptation without Transformation This excellent book in the series of studies on EU reform and enlargement is not as dry as it first appears, yet it succeeds as the first book in the series which debates, seriously, the processes of institutional reform and EU enlargement as they stand four years on from the last brave treaty. The essays investigate how these main institutions and decision making processes of the EU have responded to the arrival of new member states in eleven detailed articles with suitably intellectual content plus an introduction and a conclusion. Best, Christiansen & Settembri, plus their team of expert contributors, have assessed the actual state of the institutions since EU enlargement in 2004, examining each of the main institutional actors as well as trends in legislative output, implementing measures and non-legislative approaches. The contributors outline the key changes as well as patterns of continuity in the institutional policies of the EU and their research which I feel will be highly beneficial to lawyers, economists and politicians. The expert analysis finds that breakdown has been avoided by a combination of assimilation of the new member states and adaptation of the system, without any fundamental transformation of the institutions, and is clearly set out in the essays by the 15 writers with a useful appendix and a detailed index. They conclude that it is not just �business as usual� now. The streamlining and formalization of procedures, together with increased informal practices, have longer term implications for transparency and accountability. Widening has not prevented a deepening of European integration, but it has deepened normative concerns about the democratic legitimacy of that process which will remain very much on the agenda of the enlarged EU as we look at future expansion with more maturity (hopefully). This nuanced approach to the complexities of studying institutional politics and change contains important new and original data. I found the book to be invaluable for postgraduate and advanced undergraduate students of EU politics and administrative science, as well as researchers, practitioners and journalists working in the fields of European studies more widely, but readers have to possess fairly substantial knowledge as the book is heavy. LEADING COMMENTS To assist the reader, some excellent comments have already been published which gives a balanced appraisal of the continuity and change issues facing the EU. Helen Wallace says that �this volume reports a thorough appraisal of how the EU institutions have fared since the 2004 enlargement. In essence the answer is more of the same with no evidence of gridlock�. How right she is! Martin Westlake says it is a timely, comprehensive and authoritative study provides which much food for thought for European policy makers, and, I would add, at a time when we really need it. The final remarks come from Joseph Weiler who observes that the authors have given us �a systematic and sophisticated examination of institutional performance in a post-enlargement Union�. He concludes that some of the chapters, notably those written by the editors themselves, break new conceptual ground. That is just what we need as we think again about the next direction we take collectively with the EU for the middle of the century. "