and... and... and...

This book explores how concerns can be raised about the NHS, why raising concerns hasn’t always improved standards, and how a no-fault open culture approach could drive improvements.The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS.The book will be of interest to academ

The prerogative has long been a mystery to most observers; this book demystifies it.It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large.The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills.In their 2019 election manifesto, the Conservative Party stated that ‘After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning o

This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.

How are new technologies changing the practice of law?With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this boo

After the Act describes the aftermath of the recent removal under LASPO of public funding from legal services in family matters other than in defined cases such as child protection and domestic abuse.

This book examines the outcomes of a five-year ethnographic study of two North of England police forces; the prism through which to revisit the question of the regulation and legitimacy of police powe

Law,Competition Law,Company and Insolvency Law,Law and Economics

Law,Company and Insolvency Law,Banking and Finance,Contract, Tort, Restitution and Commercial Law

Law,Competition Law

The invasion of Iraq in 2003, and the Coalition Government’s failure to win parliamentary approval for armed intervention in Syria in 2013, mark a period of increased scrutiny of the process by which

This book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing

Since the publication of the extremely well regarded first edition of this title, the legal regime which forms the basis for INTERPOL has changed significantly due to increasing criticism and calls fo

This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark, and Virgo. Simester and Sullivan's Criminal Law is a

Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions.The authors (all of whom have extensive judicial and quasi-judicial experience) instruct the readers on the skills required at each stage of a hearing, including:- ensuring there is a fair hearing process;- standards and conduct of decision-makers;- successful communication;- taking into account the needs of vulnerable participants and litigants in person;- case management;- assessing evidence; and- the process of reaching and then delivering a well-structured decision.The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Buy this book and you will have the confidence you need to make great decisions.

Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions.The authors (all of whom have extensive judicial and quasi-judicial experience across England and Wales) guide the readers on the skills required at each stage of a hearing, including: ensuring there is a fair hearing; standards and conduct for decision-makers; successful communication; taking into account the needs of vulnerable participants and litigants in person; case management; assessing evidence; and reaching and delivering a well-structured decision.The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Having this book to hand will enable you to make effective and fair decisions that inspire confidence.

This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever.The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and l

This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain communications in a way that caus

This collection of essays critically evaluates the legal framework necessary for the use of autonomous ships in international waters. The work is divided into three parts:Part 1 evaluates how far national shipping regulation, and the public international law background that lies behind it, may need modification and updating to accommodate the use of autonomous ships on international voyages. Part 2 deals with private law and insurance issues such as collision and pollution liability, salvage, limitation of liability and allocation of risk between carrier and cargo interests. Part 3 analyses international convention regimes dealing with maritime safety and other matters, arguing for specific changes in the existing conventions such as SOLAS and MARPOL, which would provide the international framework that is necessary for putting autonomous ships into commercial use. The book also takes the view that amendment of international conventions is important in the case of liability issues, arg

Do private and public international law coincide in their underlying objectives when it comes to their respective contribution to the realisation of global values? How do they work together towards th

The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professo

This book provides a comprehensive examination of the treatment of Indigenous peoples in international law and from a comparative law perspective. While scholarly in approach, it is also intended to b

In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.

First published in 2001, Art and Copyright has established itself as a leading text in the field. Revised and updated, this third edition includes additional coverage of the following topics:- The rel

This book examines claims for compensation for negligently-inflicted harm connected to an illegal act of the plaintiff. A variety of public policy and other grounds have been advanced for resolving th

Law,Constitutional and Administrative Law,Human Rights,Public International Law,Socio-Legal Studies

Law,Socio-Legal Studies

The multilateral development banks cumulatively channel billions of dollars annually in development assistance to borrower countries. This finance is usually spent through processes that incorporate t

This landmark publication offers a unique comparative and interdisciplinary study of criminal insanity and neuroscience. Criminal policy theories and ideologies which underpin the regulation of crimin

Law,Data Protection, Copyright, Patents, Trademarks

This is the sixth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, financ

Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong, and Macao, are all forms of "interregional JRE." This extensive compa

The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world mean

This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access

The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of ci

Can we rely solely on statistics when we judge what is true and just? This book takes a holistic approach to addressing this question. It takes the legal trial as its paradigmatic case study before considering a wider range of cases, including profiling, the use of algorithms to predict students’ grades, and the authorisation of automated cars. The book suggests that when we make judgements about the truth or about justice, approximations are not good enough. Truth and justice are uncompromising; they must be so, because the value that underlies them both is respect; and respect takes no compromise. Thus, in the search for truth as in the search for justice, a body of evidence that imposes a statistical compromise will not do. Only evidence that in principle allows reaching the truth and doing justice is good evidence. Once such evidence has been traced, the burden is on us to make good use of the evidence and reach truth and justice. We might or might not succeed, but once we have don

This monograph explores the historical position of pensions law in the UK and the recent influences which have led to the introduction of Auto-Enrolment and subsequent reforms. Alternative models, suc

William Blackstone's Commentaries on the Laws of England (1765-69) is perhaps the most elegant and influential legal text in the history of the common law. By one estimate, Blackstone has been cited w

State pensions are the largest item in the UK social security budget, costing GBP96.7 billion in 2017/18. In the same year, 45.6 million people were members of UK occupational pension schemes (out of