Russell J Kelsall – Page 2 – The Student Law Journal

28 December 20187 June 2020

Street on Torts

Street on Torts is one of the staple tort law texts for both practitioners and students. This new edition boasts a number of new features including: problem questions at the end of each chapter (allowing a student to check their learning); new duty of care chapters; extensive restructuring of chapters on causation, breach of statutory duty, privacy and remedies; new conclusions to allow the reader to check their understanding; coverage of the Consumer Rights Act 2015; and analysis of a number of the latest case-law (including Hughes-Holland v BPE Solicitors (on scope of duty of care), Patel v Mirza (on illegality defences) and Mohamud v Wm Morrison Supermarkets plc (on vicarious liability)).

The text is split into nine parts: introduction; negligent invasions of personal, property and financial interests; intentional invasions of interests in the person and property; misrepresentation-based and ‘economic’ torts; torts involving strict or stricter liability; interests in reputation: defamation; privacy; misuse of process and public powers; and parties and remedies. Many of these parts include a number of chapters (for example, the second part includes eight chapters). This layout is ideal for any undergraduate student given it follows the syllabus for many tort law modules.

The aim of Street on Torts is to provide a comprehensive, accurate, and accessible account of tort law. It certainly achieves that aim with considerable ease. I have been a fan of this text for many years; this latest edition follows in the excellent tradition of earlier editions. It remains clearly written; explaining the key points in an admirably concise and accessible style (the section on limitation is, for example, excellent given the complications that limitation can bring for practitioners). It also comes with an online resource centre (see: https://oup-arc.com/access/street15e). This includes guidance on answering the questions posed at the end of each chapter and an additional chapter on animal torts.

Many students often gripe about the technical or convoluted language of tort law; Street on Torts does not (thankfully) suffer from this issue. Instead, its layout is well thought-out meaning the material is logically arranged and easy to navigate. It really provides an excellent link between the introductory texts and the heavyweight texts (which fully analyse each and every point; sometimes in too much detail for undergraduates). The online resource centre also provides additional (and very valuable) resources. Street on Torts is an excellent choice for anyone interested in tort law and will remain close to hand for many years to come.

Reviewed on 28 December 2018

7 October 20187 June 2020

Understanding Jurisprudence: An introduction to legal theory

Jurisprudence is always a challenging subject for students. Raymond Wacks, in his own inimitable style, sums up the issue when he says (on page two): “[j]urisprudence is, for some students, pain. Perhaps you are one of them. Given the choice, they would not choose to take the subject at all. And it is little consolation for them to be told that one day they will look back and recognize the value of their exposure to legal theory“. Understanding Jurisprudence aims to provide “enough detail to be a reliable, helpful, and congenial guide to the major themes of this field of study“. And it does that and more; providing an important flashlight into what can be an otherwise turgid topic.

Written by an experienced academic and author, Raymond Wacks, Understanding Jurisprudence is split into fifteen chapters: what’s it all about?; natural law and morality; classical legal positivism; modern legal positivism; law and moral legitimacy; legal realism; law and social theory; historical and anthropological jurisprudence; theories of justice; rights; why obey the law?; why punish?; critical legal theory; feminist theory; and jurisprudence understood. These chapters, and their focus, certainly help the reader to properly understand jurisprudence and its context (including the wide issues it raises).

The first thing which strikes you about Understanding Jurisprudence is its style; it is unlike no other textbook on jurisprudence. Wacks’ writing style is both engaging and enjoyable. He brings the issues and topics to life by writing directly to the reader; almost like reading a transcript of a lecture of seminar group. Wacks also clear flags of topics, and extracts are highlighted with a shaded background. These all help its accessibility. This new edition includes expanded chapters on rights, obedience to the law, theories of justice, and feminist theories. It also includes revised discussions on a number of other topics.

If you are studying jurisprudence, or have a wider interest in why we have the laws we do, Understanding Jurisprudence provides an accessible and engaging explanation of the key principles. Wacks poses a number of questions at the end of each chapter together with a very thorough further reading list (and the introductory chapter provides an excellent summary of the main texts on jurisprudence). The text also includes access to a very thorough online resource centre (see: http://www.oup.com/uk/wacks5e/) meaning this text gives the reader excellent value for money.

Reviewed on 7 October 2018

29 July 20187 June 2020

Land Law

This new textbook on land law, written by Louise Glover and Kate Campbell-Pilling (both of whom have both academic and practitioner experience), is a welcome addition to an area of law which is notoriously complicated. The aim of Land Law is simple: to allow students to understand the general scheme of land law and to become familiar with the source material. This is an ambitious aim but Land Law easily achieves it by giving a practical and concise explanation of the law.

Land Law is split into fourteen chapters: introduction to land law; acquisition; unregistered land; registration of title; registered land priority rules; co-ownership and trusts of land; uses of leases, lease characteristics, formalities, licences and forms of lease; privity of contract and privity of estate, enforceability of covenants and the Landlord and Tenant (Covenants) Act 1995; lease clauses, breaches and ending a lease; mortgages: concept, creation and protection; mortgages: lender enforcement rights and borrower protection; setting aside a mortgage for undue influence or misrepresentation; easements; and covenants.

The topics covered, and the written style of Land Law, clearly draw upon the authors’ practical experience. Land Law is concise and accessible while, at the same time, cross-referencing to relevant statutory provisions, guidance (including the Land Registry Practice Guides) and consultation papers (including the Law Commission’s Reports). These are vital references for anyone wanting to properly understand land law and make this text ideal for both students and newly qualified lawyers. The authors’ writing style is also clear and engaging; this allows the reader to quickly grasp the points being made.

This first edition of Land Law is extremely welcome. Its focus on the practical issues of land law, which are vitally important to students when they start their practical training courses and their training, should mean Land Law will be kept close to hand during a lawyer’s early years. For example, explaining what a lease is (and how it is structured) gives a fantastic context before learning the rules which apply to leases. Land Law is also a great aide-memoire for more experienced lawyers (the cross-references alone are worth the text’s price).

Reviewed on 29 July 2018

5 February 201711 June 2020

Core Text: Contract Law

**Core Text: The Law of Contract** by *Janet O’Sullivan & Jonathan Hilliard*
**Publisher:** Oxford University Press
**Edition:** *7th Edition (March 2016)*
**ISBN:** *978-0-19-874881-6*
**Price:** £26.99

The importance of understanding the basics of contract law cannot be overstated because it underpins, and intertwines, with many other areas of law. Because contract law is often one of the first subjects students study at undergraduate level, it is therefore important to pick the right textbook (and there are so many to choose from). Being part of Oxford University Press’ Core Text Series, The Law of Contract by Janet O’Sullivan and Jonathan Hilliard aims to provide an essential guide for undergraduate and GDL students. To my mind, there are very few which are better than The Law of Contract: it provides one of the clearest and most coherent introductions to this fascinating and important area of law.

The Law of Contract, now in its seventh edition, is split into nineteen chapters: general themes and issues; offer and acceptance I: general principles; offer and acceptance II: three applications of general principles; certainty; contracts which fail to materialise; consideration and estoppel; privity; terms of the contract I; terms of the contract II: common law and statutory control on unfair terms; misrepresentation and non-disclosure; duress; undue influence; unconscionable bargains; common mistake; frustration; discharge of a contract for breach; remedies I: compensatory damages; remedies II: specific remedies; and remedies III: other non-compensatory remedies. There are also two chapters on the Online Resource Centre (“ORC”): incapacity; and illegality and public policy.

The Law of Contract has also been both well-balanced and superbly written; and this seventh edition is no exception. It continues to impressively provides a succinct narrative on basic contractual principles while, at the same time, expanding on those issues requiring a fuller consideration. The material being clearly set-out and well cross-referenced allowing further research. Each chapter importantly includes a summary and suggestions for further reading: this is ideal for independent research. This latest edition also seamlessly incorporates the latest developments in contract law including the Supreme Court’s decision on so called ‘penalty’ clauses in Cavendish Square Holdings BV v El Makdessi [2015] UKSC 57.

There are few, if any, better introductory contract law texts than The Law of Contract. The material is (and always has been) succinct and accessible. The authors’ mixture of academic and practical experience means the key issues are given sufficient analysis (which is often a problem for introductory texts). Its price means it provides excellent value for money. If you are a student, you should not be without it. If you are a practitioner, it should be a text which remains close to hand. If you do not have a copy, you will undoubtedly spend more time researching the law in more detailed texts. I continue to keep this text close to hand and consult it on a regular basis.

Reviewed on 5 February 2017

5 February 201711 June 2020

The Law of Contract

Reviewed on 5 February 2017

10 October 20167 June 2020

A Practical Approach to Commercial Conveyancing and Property

It has been some seven years since the last edition of the popular A Practical Approach to Commercial Conveyancing and Property was published in 2009. This fifth edition of A Practical Approach to Commercial Conveyancing and Property has been thoroughly updated to take account of a number of important developments including changes to taxation and Land Registry practice, the RICS 2014 Code of Practice on Service Charges in Commercial Property and the significant changes to the law on distress. It also includes the latest case-law and legislative developments.

Written by two experienced practitioners, A Practical Approach to Commercial Conveyancing and Property is expertly split into eleven chapters: an introduction to commercial conveyancing and property; rent and rent reviews; commercial lease covenants I; commercial lease covenants II; miscellaneous lease concerns: enforceability of lease covenants, insolvency and disclaimer, surrender and merger; remedies; the Landlord and Tenant Act 1954: security of tenure for business tenants and termination and renewal of business tenancies; property development: land acquisition, planning, construction and finance; selling and buying tenanted properties; revenue law and commercial conveyancing; and your practice.

The first thing which strikes you when you start reading A Practical Approach to Commercial Conveyancing and Property is its written style; both practical and commercial focussed. There are a number of important hints and tips throughout the text. For example, the authors remind practitioners of the importance of including a right to forfeit a commercial lease (and the potential negligence claim if you fail to do so). There are also a number of useful precedents including, for example, a sample notice under Section 27(1) of the Landlord and Tenant Act 1954 and an alienation precedent example.

A Practical Approach to Commercial Conveyancing and Property is an indispensable guidance to commercial conveyancing. If you are a commercial property practitioner, or a property litigation lawyer, you should seriously consider having a copy close to hand. If you do so, you will avoid the need to undertake research from a number of sources. This text provides excellent and digestible summarises of the law in a clear and accessible way. It also very usefully refers to the proposed changes of law (including numerous references to Law Commission consultations). It also includes a number of additional materials (including eighteen appendices) which will be a vital resource for any serious commercial property practitioner.

Reviewed on 10 October 2016

17 January 20167 June 2020

Text, Cases and Materials on Criminal Law

It is likely that one of the first things which strikes you when you start your undergraduate law degree, and visit the local bookshop, is the sheer choice of textbooks on first year modules like criminal law. There are some long-standing texts and many new texts like Stuart Macdonald’s Text, Cases and Materials on Criminal Law. Macdonald’s aim is simple: to combine detailed commentary and analysis of the law with excerpts from a range of sources, both legal and non-legal, to help set the law in context and deepen the reader’s understanding. While being somewhat ambitious, this aim is impressively achieved.

Written by Dr Stuart Macdonald, Text, Cases and Materials on Criminal Law is split into eleven chapters: your criminal law toolkit; the anatomy of a crime; key actus reus concepts; key mens rea concepts; homicide; non-fatal acts against the person; sexual offences; property offences; intoxication; mental condition defences; substantive defences; inchoate offences; and accessories. This covers the main topics of most undergraduate criminal law modules.

Each chapter follows a similar approach and layout. The chapter objectives are set out. The text is also clearly separated from the materials (which stands out by the use of highlighted boxes). There are also sporadic activity boxes (but the answers do not (somewhat disappointingly) appear in the text), flow charts and conclusions at the end of each chapter. The flowcharts are perhaps one of the best features of the text; they really ensure the reader’s understanding of the material is sound. Each chapter also includes some self-test questions (again without the answers), checklists and a list of further reading.

Macdonald’s Text, Cases and Materials on Criminal Law provides a clearly written and accessible account of criminal law. It includes extracts from the main cases and materials on criminal law; a vital resource if you do not have ready access to library resources, or just want to consider the key extracts. The self-test and activity questions usefully encourage the reader to undertake further and independent research (and the further reading list is an excellent starting point). It would, however, be useful to have some suggested points for these discussions so the reader can test their understanding. Text, Cases and Materials on Criminal Law is, for all these reasons, likely to quickly become a text adopted by many students and lecturers.

Reviewed on 17 January 2016

6 January 20167 June 2020

Client Service for Law Firms

The suggestion that law firms are facing a future of uncertainty and increasing levels of competition has been made for a number of years. However, this issue remains a key concern for many law firms. Since the financial crisis, we have seen a number of failed law firms and consolidations in the market (particularly amongst larger firms). Those combinations aim to achieve (amongst other things) a better service for clients: which could include different service lines in the same jurisdiction or even the same service lines in other jurisdictions in which their clients do business. Those law firms who put client service at the heart of everything they do should seriously consider buying a copy of Client Service for Law Firms.

Written by a solicitor and management consultant, Dr Heather Stewart, Client Service for Law Firms is split into thirteen chapters and two appendices. The chapters are: introduction; marketing, branding and client service; achieving a client orientated culture; getting the most from your people; getting your product to market; relationships, expectations and value; delivering value to clients; value and pricing; managing finance; managing billing; risk management; your clients’ perspective: what clients think of your service; and managing complaints. The appendices are: scoping a trial; and checklists for rule 2.

The first thing which strikes you about Client Service for Law Firms is its written style; accessible and concise. It is exactly what is needed to drive home the key points. There are some thought-provoking issues which should give even the most sophisticated law firm food for thought. There are also excellent tables throughout the text; some giving pros and cons of various different approaches (the one on different approaches to fees is first-rate). This is a better way of displaying this kind of information and really allows busy practitioners a quick way to consider what they should be doing to provide, and maintain, excellent client service.

While Client Service for Law Firms was first published in March 2011, the principles and lessons from it are as relevant today as they have always been. Clients are probably more sophisticated than ever; if they do not get what they want, there are often plenty of other firms keen to work with them. Dr Stewart’s analysis helps drive home the key messages of excellent client service. If you want to make sure you are giving your clients the best service, and be in the best position to secure new clients, you should consider buying this very well-priced text.

Reviewed on 6 January 2016

28 December 201511 June 2020

Core Text: Evidence

Now a long-standing text on evidence, and from Oxford University Press’ excellent Core Text Series, Roderick Munday’s Evidence aims to offer students a succinct yet thought-provoking introduction to all of the key areas covered on law of evidence courses. It has been thoroughly updated since the last edition to consider a number of important cases including Mitchell v News Group Newspapers Limited [2014] EWHC 3590 (QB) and R v Dixon [2014] 1 WLR 525. These updates, along with many others, have led to seamless re-writing of this latest edition of Evidence.

Written by Dr Roderick Munday, Evidence is split into twelve chapters: relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous inconsistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies, or false alibis; identification evidence.

Munday’s Evidence is primarily written for criminal evidence courses; this necessarily dictates the topics it covers. For example, there is a fascinating point for civil practitioners on the reserved burden of proof in some statutory provisions like the Employment Rights Act 1996 and the Consumer Credit Act 1974. However, this is not dealt with in Evidence. What is covered, however, are the key topics covered on many undergraduate evidence courses. This includes an excellent analysis of topics like failing to give evidence at trial. Evidence is also written in a clear and accessible way; this is some achievement for this ever evolving and fast-moving area of law.

If you are looking for an introductory text on the law of evidence, Munday’s Evidence certainly provides this. It also comes with an Online Resource Centre (available from: http://global.oup.com/uk/orc/law/evidence/munday8e/) which, by the time of this review, has a number of useful weblinks and two updates (which is impressive). Its price, however, may be just too much for many students looking for an introductory text (and it is one of the most expensive texts from Oxford University Press’ Core Text Series). For those who do buy a copy of Munday’s Evidence, they will find it provides an accessible and clear account of the law of evidence.

Reviewed on 28 December 2015

24 December 201511 June 2020

Blackstone’s Statutes on Commercial & Consumer Law 2015-2016

It has been over fifteen years since I first started to use Blackstone’s Statutes on Commercial & Consumer Law. Since using an edition back in the late 1990s, it has grown in size (consistent with the increase in statutory provisions on commercial and consumer law). However, some things have remained unchanged. These include the editor, Francis Rose, who continues to expertly select just the right amount of material for students and busy practitioners. It also includes the clear and up to date layout. If you are studying commercial or consumer law, or a practising lawyer, Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 is a text for you.

Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 is split into four parts: statutes; statutory instruments; EU materials; and codes. Each part includes a vast selection of material. For example, the first part on statutes includes extracts from the following Acts: the Factors Act 1889, the Hire-Purchase Act 1964, the Misrepresentation Act 1967, the Supply of Goods (Implied Terms) Act 1973, the Consumer Credit Act 1974, the Companies Act 2006 and (importantly) the Consumer Rights Act 2015. The second part on statutory instruments includes: the General Product Safety Regulations 2005, the Payment Services Regulations 2009 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The impressive feature of Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 is the breadth of material it covers. There is, to be fair to Professor Rose, enough material on either commercial law or consumer law alone to occupy its own Statute Book. However, Professor Rose has managed to select just the right amount of material for everyday use. While there will be times when the reader has to consult the full legislative provision, Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 includes most of the key provisions. This is some accomplishment in a fast moving areas of law like commercial or consumer law.

If you are looking for a text containing all of the key relevant provisions on commercial and consumer law, you should look no further than Blackstone’s Statutes on Commercial & Consumer Law 2015-2016. At just under £17, it also provides excellent value for money. The layout is clear and crisp; exactly what is needed when you are in exam conditions or at Court being asked direct questions by a judge. If you have any interest in consumer or commercial law, Blackstone’s Statutes on Commercial & Consumer Law 2015-2016 will form a valuable part of your personal library.

Reviewed on 24 December 2015