April 2009 – The Student Law Journal

8 April 200911 June 2020

Gatley on Libel and Slander

Reputations are extremely important in modern society. Many people place great emphasis on their reputation saying things like “my word is my bond.” It is therefore fundamental for such an important area of law like defamation that it has a heavyweight text like Gatley on Libel and Slander to guide the reader through the intricacies of this topical, fascinating and complex area of law.

Being edited by two lawyers from different backgrounds, Patrick Milmo QC from private practice and Horton Rogers from academia, means that Gatley on Libel and Slander has a rich mixtures of these two approaches. Gatley on Libel and Slander is broken down into four parts and appendices: the defamatory statement; defences; other causes of action and related matters; and the action. Appendices include precedent letters of claim, statements of case, statutes and damages awards. This approach means that Gatley on Libel and Slander is an invaluable tool for anyone practising in or studying this area of law.

Gatley on Libel and Slander is superbly written and tackles the material in a readable and thorough way. This is a real testament to contributors’ expertise because if you do not understand the material fully, you cannot explain it. The text is authoritative meaning that the reader can be sure that it accurately states the law. The material is also wonderfully broken up into fairly short and manageable sections meaning the points raised in the paragraph are not lost on the reader. Excellent use is also made of extracts from cases and examples showing the law in practice.

Unlike many texts of this type, Gatley on Libel and Slander includes a whole part devoted to defamation proceedings taking each stage step by step. By doing so, it ensures the reader is fully aware of the issues which need to be tackled and tactical advantages of writing a letter of claim in a clear and succinct way. The precedents are also excellent although, given the Court’s jurisprudence that statements of case should be written in layman’s language, I would have preferred them to be updated to remove legalese like “the said statements.”

I have no hesitation in recommending Gatley on Libel and Slander to anyone practising in or studying this topical and fast-moving area of law. It is comprehensive whilst, at the same time, readable meaning it can be used by practitioners and students alike. The part on defamation proceedings and the appendices is worth the price on its own. If you have a copy of Gatley on Libel and Slander, you are unlikely to need anything else!

Reviewed on 8 April 2009

5 April 20097 June 2020

Butterworths Banking Law Handbook

Banking law continues to be a technical but interesting area of law. With recent events, it is also becoming more regulated with legislation being enacted to allow the Government to acquire a shareholding and further legislation being proposed to regulate the banking industry. It is therefore more important than ever to have a comprehensive guide to banking law: Butterworths Banking Law Handbook provides exactly this.

Written by two experienced banking barristers, Butterworths Banking Law Handbook is separated into four parts: statutes, statutory instruments, other materials and European legislation. Separating the material in this way and using a coloured edge to the text to show the separate parts means that the relevant material can be quickly found. Like other handbooks, navigation is also helped by each distinct provision being allocated a unique paragraph number which is cross-referenced to the contents and index.

Butterworths Banking Law Handbook has been fully updated to include the latest legislative developments including the Banking (Special Provisions) Act 2008 and the Banking Code 2008. Handbooks like these sometimes have problems when material has not be expertly selected. Fortunately, the editors’ experience in banking law means that Butterworths Banking Law Handbook does not suffer from this issue.

Anyone looking for a comprehensive collection of banking law statutes, statutory instruments, other materials and European materials should look no further than Butterworths Banking Law Handbook. The material is expertly selected meaning it is both an indispensible and authoritative guide to the provisions that most banking lawyers will consider in their working lives.

Reviewed on 5 April 2009

5 April 20097 June 2020

Butterworths Banking Law Guide

Banking and finance law plays an important role in practice. Butterworths Banking Law Guide, edited by Mark Howard QC & Roger Masefield, aims to provide a succinct summary of English banking law. To my mind, it easily achieves this aim although I would certainly welcome an updated version following the substantial changes since publication.

Edited by two experienced banking law barristers together with a team of experienced authors, Butterworths Banking Law Guide is separated into the main areas of retail banking, namely bank regulation, banks, customers and third parties, payment and payment systems, the bank as lender, the regulation of consumer credit, trade finance and the law relating to internet banking. To succinctly cover all of these areas is an ambitious aim but the contributors’ expertise, combined with the accessible writing style, means this aim is achieved making it an important text for retail banking lawyers.

Butterworths Banking Law Guide is impressively written: each chapter is sub-divided into a number of small and manageable section with (where relevant) detailed footnotes. Because of my particular interest in consumer credit, I was pleased by the contributors’ coverage on this area of law. I would have, however, like a little more coverage of important banking issues like prescribed terms and prescribed information and the Court’s power to make an enforcement order. Instead, the reader is referred to specialist texts.

For many banking lawyers, Butterworths Banking Law Guide should be a text which remains close to hand. More experienced lawyers may, however, prefer to tackle more specialised texts. That said, lawyers looking for a succinct overview of the law, its application and its principles should look no further than Butterworths Banking Law Guide which is likely to become a favourite for years to come.

Reviewed on 5 April 2009