Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary

Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary by Stephen Bailey & Nick Taylor
Publisher: Oxford University Press
Edition: 6th Edition (March 2009)
ISBN: 978-0-19-921855-4
Price: £33.99

Being a civil libertarian student, I have found Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary to be an invaluable resource for referencing cases and a variety of materials. This edition (coming nearly eight years after the last edition) provides an inviting new take on this vast subject area in a written format that is surprisingly readable.

Because of the considerable time-lag between editions, Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary has undergone two considerable changes: firstly, both David Harris and David Ormerod have been unable to be involved with this edition and, secondly, the material has been split into five parts.  These five parts are now: introduction; life, liberty and association;  privacy; freedom of expression; and discrimination.  Fortunately, these two important changes have not effected the content of the text: this is some achievement.

Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary covers all traditional areas you would expect of a civil liberties text book including freedom of expression, freedom from racial discrimination and terrorism.   This later topic is particularly important given the increase in security, chiefly in America and the United Kingdom, following the increase in terrorist attacks over the last ten years.  Unlike many cases and materials text, this actually provides a variety of source material complemented by the continuously thought-provoking commentary.

Students looking for a supplement to library research or a text which will save valuable time searching for those important sources should look no further than Bailey, Harris & Jones: Civil Liberties Cases, Materials & Commentary.  It is expertly written and researched with a number of well-selected extracts (having a grey background to distinguish them from the commentary).  It also has an online resource centre which promises to include periodic updates meaning it is excellent value for money.

Reviewed on 2 August 2009

Civil Actions Against the Police

Civil Actions Against the Police by Richard Clayton QC, Hugh Tomlinson QC, Edwin Buckett & Andrew Davies
Publisher: Sweet & Maxwell
Edition: 3rd Edition (December 2003)
ISBN: 0 421 63090 6
Price: £139.00

It is some twelve years since the second edition of this work was published in 1992. Much has happened in the intervening years involving the clash of State with citizens, so Clayton and Tomlinson have fully updated this edition with the latest statute and case law.

The text’s best feature is that all civil actions are discussed under one cover. It guides the reader through all the established torts such as assault and battery, false imprisonment, wrongful interference with goods and malicious prosecution. It then looks at the emerging actions which play such an important part in today’s society including the tort of misfeasance in public office, and the worrying area of claims in breach of confidence and data protection. Two areas which mark this publication as unique include a new chapter on negligence, and the range of remedies which are available to litigants: both specific to actions against police officers.

As mentioned previously, the delay between editions has meant that the authors have had to include coverage of the Police Reform Act 2002, which introduced changes to the complaints system and created a wide range of powers for civilians, such as arrest and detention (quasi police powers). There is also excellent coverage of other important statutory developments such as the Police Act 1996, the Human Rights Act 1998, the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000 and the Terrorism Act 2000

The text also provides special treatment for the relevant procedural steps. Public interest immunity, disclosure of documents and the conduct of civil jury trials are dealt with in useful detail.

In conclusion, this is a definitive source of reference and it explains what avenues are open to practitioners when their clients’ civil liberties are impinged upon. It also examines what the police can do when people take action against them. In my opinion, the third edition has built upon the respected reputation of its predecessors and is fully up-to-date with the latest Acts of Parliament and leading authorities and is a must for anyone interested in this area.

Reviewed on 14 March 2004