• The principle of legality / Christina Peristeridou
• Actus reus and mens rea : the elements of crime and the framework of criminal liability / Johannes Keiler
• Commission versus omission / Johannes Keiler
• Human causes versus natural events / Johannes Keiler
• Forms and aspects of mens rea / Jeroen Blomsma and David Roef
• Justifications and excuses / Jeroen Blomsma and David Roef
• Inchoate offences : attempt and preparation / Johannes Keiler and David Roef
• Forms of participation / Johannes Keiler and David Roef
• Corporate criminal liability / David Roef.

This book is unique in the sense that it introduces the reader to the fundamental concepts and rules of substantive criminal law in a comparative way, and not just to the criminal law system of one specific jurisdiction. Compared with other fields of law, such as contract law and property law, comparative research into the so-called general part of criminal law is quite a recent phenomenon within academia, never mind transmitting this knowledge to students of law. The increasing 'Europeanization' of criminal law and policy makes such a comparative approach even more necessary. This handbook therefore fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England/Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defenses, inchoate offenses). Throughout, the book also highlights and discusses some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control. Comparative Concepts of Criminal Law is not only invaluable for students, but also for legal practitioners who want to broaden their knowledge of criminal law. [Subject: Criminal Law, Comparative Law].
(source: Nielsen Book Data)

• Foreword-- Table of cases-- Abbreviations-- Preface--
• 1. Introduction--
• 2. General damages: non pecuniary losses--
• 3. Special damages: past losses--
• 4. Future pecuniary losses--
• 5. Collateral sources of revenue: subrogation rights and miscellaneous matters--
• 6. Comparative conclusions--
• Appendix 1. Comparative tables.
• (source: Nielsen Book Data)

Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. The book's introduction sets out the raw data in the wider context of tort law. The final chapter provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.
(source: Nielsen Book Data)

• Foreword-- Table of cases-- Abbreviations-- Preface--
• 1. Introduction--
• 2. General damages: non pecuniary losses--
• 3. Special damages: past losses--
• 4. Future pecuniary losses--
• 5. Collateral sources of revenue: subrogation rights and miscellaneous matters--
• 6. Comparative conclusions--
• Appendix 1. Comparative tables.
• (source: Nielsen Book Data)

Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.
(source: Nielsen Book Data)

• Introduction Comparing Prisoners' Rights--
• 1. Prisoners in a Rights Culture: the Case of Germany--
• 2. Prison Reform in Germany: Reform Ideals and Political Compromises--
• 3. The German Prison Act: Principles and Special Provisions--
• 4. Penal Politics and Prison Law in England--
• 5. Prisoners and the Parliamentary Constitution--
• 6. The Jurisprudence of Prisoners' Rights in England-- Conclusion.
• (source: Nielsen Book Data)

This volume aims to provoke reflection on the English conception and treatment of prisoners' rights, through juxtaposition with the conception of prisoners' rights in Germany. First, the German and English understandings of prisoners' legal status are examined; secondly these understandings are placed against the background of broader social, political, and legal factors; and thirdly, the methodological problems of comparative law are addressed. English and German approaches to prisoners' rights present illuminating contrasts. In England, despite significant judicial activity in the development of a jurisprudence of prisoners' rights, protection of prisoners' rights remains partial and equivocal. Many aspects of prison life are left within the realm of executive discretion. This equivocal commitment to rights in England is juxtaposed with Germany's highly articulated rights culture and its ambitious system of prisoners' rights protection under the Prison Act 1976. The German Prison Act sets out foundational principles of prison administration, affords prisoners positive rights, defines the limitations of prisoners' constitutional rights, and provides prisoners with recourse to a Prison Court. Moreover, these rights and principles have been developed and refined in a substantial body of prison law jurisprudence over the last thirty years.
(source: Nielsen Book Data)

• General introduction
• Research design
• The national ombudsman
• System of the Dutch courts
• Institutional coordination of ombudsmen-judiciary relations in the Netherlands
• Case coordination of ombudsmen - judiciary relations in the Netherlands?
• Normative coordination of ombudsmen-judiciary relations in the Netherlands?
• The Parliamentary ombudsmen and the local government ombudsmen
• Judicial authorites in England
• Institutional coordination of ombudsmen-judiciary relations in England?
• Case coordination of ombudsmen-judiciary relations in England?
• Normative coordination of ombudsment-judiciary relations in England
• The European ombudsmen
• The Court of Justice of the European Union
• Institutional coordination of ombudsmen-judiciary relations in the EU
• Case coordination of ombudsmen-judiciary relations in the EU?
• Normative coordination of ombudsment-judiciary relations in the EU
• Theories and ombudsmen-judiciary relations
• Findings, evaluations and amendments.

Although the protection of individuals' interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to tension between the two institutions and can affect their relations, and therefore needs coordination. This book investigates whether relations between the judiciary and ombudsmen exist at all, how their respective tasks and competences influence one another and how they are coordinated. It contains a comprehensive and comparative study on the coordination of the relations between ombudsmen and the judiciary in three considerably different legal systems, namely the Netherlands, England and the European Union. The author identifies three levels of possible coordination: institutional coordination, case coordination and normative coordination. He explores and compares the statutory rules, the case law of the judiciary and ombudsprudence. In addition, he draws from experiences shared through interviews with ombudsmen, judges and employees of ombudsman offices. In doing so, he demonstrates that several improvements to the ombudsmen-judiciary relations are required.
(source: Nielsen Book Data)

• Mental disorder and human rights
• Mental health legislation in England and Ireland
• Human rights and mental health law
• United Nations Convention on the Rights of Persons with Disabilities
• Changing the law : the example of Ireland
• Human rights and mental health law : an evolving relationship
• Conclusions: Mental disorder and human rights.

• Rechtslage de lege lata
• Rechtslage de lege ferenda : Regelungsbedarf in Deutschland
• Ausblick : Nutzbarmachung des Grundedankens der englischen disclosure
• Gesamtergebnis und Thesen.

• Merchants and the legislative process in thirteenth century England : the making of the Statutes of Acton Burnel (1283) and Merchants (1285) / Paul Brand
• Contract terms between unequal parties in Victorian England / Catharine MacMillan
• Alternatives to legislation : restatements and judicial law reform / Andrew Burrows
• The impact of rule-making by financial services regulators on the common law : the lessons of PPI / Eva Lomnicka
• Some thoughts on consumer law reform : consolidation, codification or a restatement? / Christian Twigg-Flesner
• Freedom to exercise contractual rights of termination / Michael Bridge
• Regulating unfair terms / Mindy Chen-Wishart
• Time to reflect on the right to reject / Eric Clive
• Universal terms in contract / Michael Furmston
• Some thoughts on undisclosed agency / Thomas Krebs
• Innominate terms revisited / Ewan McKendrick
• Variation and termination of consumer contracts / Simon Whittaker
• Unfair prices in the Common European Sales Law / Martijn W. Hesselink
• CISG and CESL : simplicity, fairness and social justice / Ole Lando
• The law of assignment in European contract law / Wolf-Georg Ringe
• Unfair terms in consumer contracts / Jacobien W. Rutgers
• "General principles" of contract law in transnational instruments / Stefan Vogenauer
• Interest for delay in payment of money / Reinhard Zimmermann
• The assignment of pure intangibles in conflict of laws / Roy Goode
• Compulsory central clearing of OTC derivatives : the changing face of the provision of collateral / Louise Gullifer
• European secured transactions law at a crossroad : the pitfalls of a "piecemeal approach" to harmonisation / Anna Veneziano
• How secure is security? / Sarah Worthington
• The numerus clausus of property rights : a European principle? / Christian von Bar
• New principles in the legal world : The Hague Principles on the Choice of Law in International Commercial Contracts / Bénédicte Fauvarque-Cosson
• Ex officio application in case of unenforceable contracts or contract clauses : EU law and national laws confronted / Arthur S. Hartkamp.

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 Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.
(source: Nielsen Book Data)

• Constitutions
• Legal systems
• Court systems
• Human rights
• Torts
• Contracts.

This comparative analysis considers the differing approaches to important areas of law in England, France and Germany. In particular, constitutions, sources of law, rights against the state to prevent abuse of power, and rights of private individuals and organisations against each other in tort and contract are examined and compared, and the system of courts is also considered. Updated and revised, each sub-topic is introduced with the relevant material in the English system, allowing easy comparison and assimilation of the other systems. The text includes translations of relevant French and German codal material, and references to relevant cases from all of the jurisdictions. This new edition includes constitutional changes in France and the United Kingdom, in particular the new procedure for challenging existing legislation before the Conseil constitutionnel. It examines the consequences of the Lisbon Treaty, as well as other recent codal and legislative changes. Comprehensive and topical, the text explores a wide variety of new case law on issues such as: preventive detention; the use of evidence obtained by torture; the balance between suppression of terrorism and personal freedom; the internet; email monitoring; artificial reproductive techniques; use of global positioning systems (GPSs), deoxyribonucleic acid (DNA) and closed-circuit television (CCTV); the wearing of religious clothing (such as the headscarf) and symbols (such as the cross); circumcision; methods of crowd control; the prevention of human trafficking; the preservation of privacy, especially for celebrities; and the legality of pre-nuptial agreements and success fees for lawyers. Designed for students on comparative law courses, this textbook will also prove valuable to students who are familiar with English law, but require a readily comprehensible introduction to French or German law.
(source: Nielsen Book Data)

• Introduction
• England and Wales
• The Netherlands
• Recognition of foreign judgments
• Preclusion by foreign judgments
• The harmonisation of preclusion law
• Choice of preclusion law.

"[This book] provides guidance on finality in domestic and international litigation. Ensuring finality in litigation (preclusion) is a challenge. Res judicata and abuse of process are technical doctrines. The same doctrines can also be effective tools to avoid duplicative or vexing litigation. This practitioner s guide describes how preclusion works in English law. Without compromising on the breadth and depth of the analysis, it offers the same treatise of Dutch law, while highlighting critical differences and similarities between these common and civil law systems. Further, it clarifies how preclusion works between these and other jurisdictions. Finally, it suggests improvements to the process of preclusion between jurisdictions."-- Provided by publisher.

• Enstehung der gestörten Gesamtschuld im Internationalen Privatrecht
• Rechtliche behandlung der gestörten Gesamtschuld im Internationalen Privatrecht
• Wesentliche Ergebnisse.

Criminal law on hate speech has become a hotly debated topic in the past decade. In the Netherlands and in England and Wales legislative changes and proposals abound, while cases such as the prosecution of MP Geert Wilders have received considerable attention. How to deal with hate speech in an increasingly pluralist society has become a pressing question. Moreover, with the attacks in New York, London and Madrid and the appearance of radical groups and individuals, such as Abu Hamza Al-Masri in England and the Hofstadgroep in the Netherlands, public debate has been dominated by the problems of terrorism and radicalisation. As a result, extreme speech - presumed to encourage radicalisation and terrorism - is a major issue. This comparative study deals with how ideas behind the law on hate speech and extreme speech in the Netherlands and England and Wales - including the influence of European and international law - have developed since 2001 and how this can be explained by reference to their historical origins. The aim of this research is to discover how Dutch, English/Welsh and international law have developed over time, but more importantly: why it has developed in that way.
(source: Nielsen Book Data)

• 1. Aspects of Comparison and the European Convention on Human Rights in the Context of German Law
• 2. The European Court of Human Rights' Caroline von Hannover Judgment and its Reverberations
• 3. Drittwirkung under the ECHR: Human Rights Obligation of State Authorities and their Influence on Judicial Decisions in Private Law Disputes
• 4. Drittwirkung of Constitutionally Guaranteed Basic Rights in the German Legal Order
• 5. Conclusions.
• (source: Nielsen Book Data)

In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect 'third-party' effect in private law relationships. The German law of privacy, centring on the "allgemeines Personlichkeitsrecht", has quite a long history, and the influence of the European Court of Human Rights' interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.
(source: Nielsen Book Data)

• Some comparisons between common law and civil law, Gerhard Dannemann: negotiating instruments, drafting agreements, substantive law differences, choice of law implications-- execution of agreements-- going to the courts. Structuring the joint venture, Ian Hewitt and Professor Dr Gerhard Picot: introduction-- types of legal structures for joint ventures-- international joint ventures - tax issues-- negotiating and forming the joint venture-- conclusions. Protecting the various interests in the joint venture, David Kershaw and Dr Wolfgang Witz: introduction-- board and management structures-- method of appointment and removal of directors-- different board structures-- methods of establishing board and management structures-- position of subsidiary companies-- position of management below board level-- duties of directors-- shareholder decisions-- minority rights-- enforcement of minority rights-- legal rights of the minority-- remedies available-- expert adjudication-- arbitration-- employee protection-- abbreviations. Joint ventures under EU and national competition laws, Jochen Burrichter, Rod Carlton, Dr Thorsten Mager and Alison Byrne: joint ventures under European Community competition laws-- the treatment of joint ventures under the merger regulation-- case analysis of joint ventures-- treatment of joint ventures under Article 81 EC Treaty-- UK competition law. Termination of joint venture, George Goulding, Dr Hans-Jurgen Hellwig, Tim Boxell and Bonnie Costelloe: introduction-- formation of the joint venture-- termination by change of ownership-- termination by dissolution-- doctrine of qualified factual group under German law-- conclusion.
• (source: Nielsen Book Data)

Business between England and Germany has flourished in recent years and looks set to continue to develop in coming years. This collection examines the legal framework of joint ventures between English and German companies. It addresses the laws in these two countries and draws helpful comparisons between the two. The contributions point out pitfalls that lawyers who are not familiar with both German and English law are likely to overlook and which may cause major problems when joint venture companies are established. This book consists of four parts. Each of these has been written by a team of leading German and English lawyers. The authors are specialists in this field and the contributions are rich with their practical insights. The studies were presented at the 1999 Anglo-German Law Conference in Oxford, organised under the auspices of the Oxford Law Faculty, with the support of three leading English and German Law firms. The first part deals with the formation of a joint venture company. It discusses the types of companies which are usually used to establish joint ventures as well as the rights and obligations of members. It also addresses the law and legal practice relating to memoranda of understanding, warranties and indemnities, joint venture agreements, and the valuation of contributions. The second part concerns the management of joint venture companies. It analyses how shareholders can influence management decisions, the rights and obligations of directors and parent companies, as well as the legal position of minority shareholders. This part also describes the relevant laws protecting employees. The third part addresses European Union as well as English and German competition law. It considers the circumstances which trigger merger control mechanisms and presents two illuminating case studies. The last part deals with the termination of joint ventures. It presents and analyses several popular termination clauses including Russian Roulette, pre-emption rights, and rights of first refusal. This collection will be indispensable to practising lawyers and in-house counsel whose practice touches on Anglo-German business affairs. It will also be of real interest to legal academics concerned with European commercial or comparative law. Contents I. Some Comparisons Between Common Law and Civil Law by Gerhard Dannemann II. Structuring the Joing Venture by Ian Hewitt and Prof Dr Gerhard Picot III. Protecting the Various Interests in the Joint Venture by David Kershaw and Dr Wolfgang Witz IV. Joint Ventures Under EU and National Competition Laws by Jochen Burrichter, Rod Carlton, Dr Thorsten Mager and Alison Byrne V. Termination of the Joint Venture by George Goulding, Dr Hans-Jurgenn Hellwig, Tim Boxell and Bonnie Costelloe.
(source: Nielsen Book Data)

• The social and legal background
• Treatment malpractice : the substantive law
• Treatment malpractice : proof issues
• Disclosure malpractice
• Reforming medical negligence law
• Conclusions.

This new work adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treatment is perceived, both in England and Germany, as containing a number of special difficulties and shortcomings. In addition it seeks to make a contribution to the developing field of comparative law, by employing a detailed and closely focused analytical approach in a tightly defined subject area. These twin aims serve to reveal the similarities and differences between two legal cultures in a particularly clear and striking way. The book offers an analysis which is neutral as between the English and German approaches. The issues are dealt with thematically so far as possible, so that the respective treatments in each country of a given matter, eg the standard of care owed by medical practitioners, are discussed side-by-side. The book thus avoids the 'country-report' style, whereby the systems are presented largely separately from each other. What is of particular interest is how, notwithstanding their common starting point in terms of the application of the fault-principle under private law, the detailed rules in the two countries differ markedly. This is true both in the divergent way that claims are structured and argued, and also quite often as regards their substantive outcome. It will be of interest to comparative lawyers, tort and medical lawyers, and practising lawyers working in these areas.
(source: Nielsen Book Data)

• Comparing legal certainty in France and England / Bertrand du Marais and David Marrani
• Introductory remarks on comparative law and interdiscipplinarity / David Marrani
• What is legal certainty? : a theoretical essay / Régis Lanneau
• Contractual certainty under English contract law / Youseph Farah
• Comparing company law / Marios Koutsias
• How to and why measure the efficiency of real estate transactions in France? / Camille Bourdaire-Mignot and Aurore Chaigneau
• Overview of how a real estate transaction is conducted in France / Marie-France Nicolas-Maguin
• Property transactions in English law : general principles / Peter Luther
• Commercial leases in English law / Alan Moran
• Introductory remarks on legal security : the approach of French and European law / Jean-Sylvestre Bergé
• An assessment of theoretical proposals to deal with heterogeneous small samples / Philippe Frouté
• Comparative law, "economic attractiveness of law" and legal certainty : some concluding remarks from a pilot project / Bertrand du Marais.

This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study. Not only this study identifies the economic impact of the law in both jurisdictions, it also looked at the practitioners' functions in the dealing with commercial real estate transactions. In other words, it analyses the topical position of practitioners such as the French notaires and the role of solicitors in England. Nowadays, the profession of notaires is confronted to numerous challenges. For instance, nationality requirement for its access, has been ruled by the ECJ as contrary to the freedom of establishment and art. 49 TFEU and not justified by "the exercise of public authority".In this study, the authors argue that the actual nature and the quality of the work done by the practitioners should be considered as well as financial cost and delays.They also argue that a liberalisation of professions such as civil law notaires would have very little impact on the cost associated with doing business. As a matter of fact, both the English and the French mechanisms are very similar in their objectives and outcome even though they handle the same transaction differently, because of the culturally different relevant angles.With contributions of Jean-Sylvestre Berge, Camille Bourdaire-Mignot, Aurore Chaigneau, Bertrand du Marais, Youseph Farah, Philippe Froute, Marios Koutsias, Regis Lanneau, Peter Luther, David Marrani, Alan Moran and Marie-France Nicolas-Maguin.
(source: Nielsen Book Data)

• Core principles of criminal law
• Crime and tort
• Crime and medical
• Crime and regulation
• Administrative sanctions
• Alternative enforcement
• Counter-terrorism
• Crime and intelligence
• Conclusion.

The Limits of Criminal Law explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law.
(source: Nielsen Book Data)

• The state of medical accident liability and redress in England
• Medical accident liability and redress in France : a comparative analysis
• Differing cultures of civil liability
• The cost of medical accident redress
• Problems posed by the French administrative compensation scheme
• Shaping the doctor-patient relationship through civil liability law
• Medical accident liability and redress : promoting patient safety?.

In 2002 France introduced an out-of-court settlement scheme for medical accidents. The scheme guarantees compensation for the victims of the most serious medical accidents irrespective of fault and operates in parallel with existing liability rules. In this book Simon Taylor compares English and French law on medical accident liability and redress and considers what lessons the French model can provide for potential reform in England and elsewhere. Taylor emphasizes the effect of the English and French rules on access to compensation and on the cost of liability and examines the problems that have been posed by the introduction of an administrative redress scheme in France. This book looks at the potential consequences of English and French rules for the doctor-patient relationship and for patient safety, and considers the role that national legal traditions and cultures of civil liability in England and France play in shaping national law in this area.
(source: Nielsen Book Data)

• Introduction
• Outline of the history of Pakistan
• The legal system and the influence of Islam
• Administration, population and European Pakistani diaspora
• Marriage laws in Pakistan
• Germany
• England
• Final conclusion and valorization.

• Germany / Torsten Frank Koschinka
• England and Wales / Torsten Frank Koschinka
• Italy / Piero Leanza
• France / Piero Leanza.

• Contents: The Ombudsman Concept - Demand for Prison Ombudsmen - Learning Processes in between Legal Systems - The Process of Implementation of Prison Ombudsmen - Prison Ombudsmen as Products of Cross-Fertilization.
• (source: Nielsen Book Data)

Prison ombudsmen are charged with investigating claims of injustice and breaches of human rights within the total institutions of the penal system. This book comprehensively explains which needs these institutions were intended to meet, why they spread around the globe and how their proliferation determined their implementation. Using a grounded theory approach, the author examines one subject each from both the common and civil law world. The result is a detailed analysis of the acute impact of pressure on cross-fertilization processes involving human rights-sensitive penal institutions.
(source: Nielsen Book Data)

• Introduction
• The Dutch context
• The Dutch debate
• Conceptual framework
• European Convention on Human Rights
• France
• England
• Conclusion.

Religious symbols are loaded with meaning, not only for those who display them. They have generated controversy in many circles, be they religious or secular, public or private, and within or outside academia. Debate has taken place throughout Europe and beyond, at times leading to limitations or bans of religious symbols. While this debate might seem whimsical in occasional flare-ups, it merits closer scrutiny, precisely because it is part of a long-running debate, it crosses boundaries and because it touches upon larger underlying questions. This book singles out a particularly contentious issue: religious symbols in public functions and it focuses on the judiciary, the police and public education. It is often argued that public officials in these functions should be 'neutral' which consequently implies that they cannot display religious symbols. This book aims to unravel this line of thought to the core. It disentangles the debate as it has been conducted in the Netherlands and studies the concept of state neutrality in depth. Furthermore, it appraises the arguments put forward against the background of three contexts: the European Convention on Human Rights, France and England. It critically questions whether state neutrality can necessitate and/or even justify limitations on the freedom of public officials to display religious symbols. Although this book is the result of an academic legal study, it can be read by students, academics, professionals, or anyone interested in the issue of religious symbols in public functions.
(source: Nielsen Book Data)

Sometimes a breach of contract causes loss to a third party. This book takes a comparative approach to the question when the third party can recover that loss directly, and when the promisee can recover it. The second issue has arisen in carriage of goods, bailment, insurance and agency, and is becoming increasingly significant in construction law, as the recent decision in Alfred McAlpine Construction Ltd v. Panatown Ltd shows. The principal aim is to clarify whether and when a promisee is allowed to recover damages on behalf of a third party. The book also examines the impact of the Contracts (Rights of Third Parties) Act 1999 and recent judicial decisions seeking to increase the protection of the interest in the performance of the contract. From the Foreword by Lord Goff of Chieveley: "For those lawyers who, in their teaching of contract law or of the law of damages, or in their work as practising lawyers, have to consider problems arising in this difficult field, this book will provide a context which is both stimulating and illuminating.".
(source: Nielsen Book Data)

• Unjust enrichment and public law in England and Wales. Definitions and controversies
• Woolwich and the creation of the public law reason for restitution
• The scope of the public law reason for restitution
• A hierarchy of reasons for restitution
• Defences
• Conclusions and further implications
• Unjust enrichment and public law in France. Public body unjust enrichment claims in France : lessons for England and Wales
• Unjust enrichment and public law in the European Union. Unjust enrichment and the EU institutions
• Unjust enrichment in national and European law, and the "remedies" jurisprudence of the ECJ.

This book examines claims involving unjust enrichment and public bodies in France, England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19.
(source: Nielsen Book Data)

• Unjust enrichment and public law in England and Wales. Definitions and controversies
• Woolwich and the creation of the public law reason for restitution
• The scope of the public law reason for restitution
• A hierarchy of reasons for restitution
• Defences
• Conclusions and further implications
• Unjust enrichment and public law in France. Public body unjust enrichment claims in France : lessons for England and Wales
• Unjust enrichment and public law in the European Union. Unjust enrichment and the EU institutions
• Unjust enrichment in national and European law, and the "remedies" jurisprudence of the ECJ.

This book examines claims involving unjust enrichment and public bodies in France, England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19.
(source: Nielsen Book Data)