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            Civil Law (General Works)

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            Summary Judgment in Ireland: Principles and Defences: Second Edition

            Summary Judgment in Ireland: Principles and Defences: Second Edition (Trade Paperback / Paperback, 2nd ed.)

            By Barrett, Pat J.

            • RRP: $330.00
            • $257.40
            • Save $72.60
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            Summary judgment is the judgment which may be given where the plaintiff's claim in a Circuit Court civil bill is for: a debt or liquidated demand in money; for the delivery or specific good in an action for detinue; for the enforcement, performance or carrying out of a trust; or ...for ejectment, with our with out a claim for rent or mesne profits. The plaintiff may apply to the court for summery judgment where the defendant has entered an appearance or has delivered a defence. This book enables practitioners to research the current principles guiding the court's jurisdiction in this area and to identify defences which they might employ to defeat applications for summary judgment. This second edition looks into the compatibility of summary judgment procedure with the ECHR; the unfair terms in the Consumer Contract Directive and its impact for summary judgment applications and the enforcement of solicitors' undertakings in applications for summary judgment.
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            ISBN 9781526506566
            Released NZ 27 Jun 2019
            Publisher Bloomsbury Publishing PLC
            Interest Age General Audience
            Availability
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            Private Law and Power
              

            Private Law and Power (Paperback)

            Edited by Barker, Kit; Degeling, Simone; Fairweather, Karen; Grantham, Ross

            • RRP: $87.99
            • $87.99
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            The aim of this edited collection of essays is to examine the relationship between private law and power - both the public power of the state and the `private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institut...ions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives - historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.
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            ISBN 9781509929726
            Released NZ 30 May 2019
            Publisher Bloomsbury Publishing PLC
            Interest Age 19+ years
            Series Hart Studies in Private Law
            Availability
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            Damages and Compensation Culture: Comparative Perspectives
             

            Damages and Compensation Culture: Comparative Perspectives (Paperback)

            Edited by Quill, Eoin; Friel, Raymond J.

            • RRP: $84.99
            • $84.99
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            The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflect...ed in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.
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            ISBN 9781509927937
            Released NZ 21 Mar 2019
            Publisher Bloomsbury Publishing PLC
            Interest Age 19+ years
            Availability
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            Chern on Dispute Boards: Practice and Procedure

            Chern on Dispute Boards: Practice and Procedure (Hardback, 4th New edition)

            By Chern, Dr. Cyril

            • RRP: $588.00
            • $588.00
            • In Stock At Publisher

            Chern on Dispute Boards examines the law of dispute boards and their development internationally, while also covering procedural topics that are of particular concern to those utilising dispute boards. It deals with advanced practitioner issues in the emerging law of dispute boar...ds on an international scale, laying out their methods and methodology not only under the common law, but also under other legal systems such as Civil law and Shari'ah law. Excelling in describing the how and why , this book also gives samples and/or forms of actual working dispute boards that any practitioner could use and adapt to their own needs. This updated fourth edition explains the various international formats and types of dispute boards in use today and brings readers up-to-date on the ever-evolving law within the field. The text guides the reader through the complexities of actual commercial and construction disputes and their successful resolution and also presents a way forward for the dispute board members themselves to administer actual dispute boards all over the world. This book is essential reading for construction lawyers, engineers and dispute board stakeholders worldwide.
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            ISBN 9780367085957
            Released NZ 27 Sep 2019
            Publisher Taylor & Francis Ltd
            Interest Age General Audience
            Series Construction Practice Series
            Availability
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            The Law of Construction Disputes

            The Law of Construction Disputes (Hardback, 3rd New edition)

            By Chern, Cyril

            • RRP: $729.00
            • $729.00
            • In Stock At Publisher

            Now in a fully updated third edition, The Law of Construction Disputes is a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution. It covers t...he construction dispute process by analysing the main areas from which disputes arise, up to date case law, and how to effectively deal with construction project disputes once they have arisen. Now including references to the new FIDIC contracts, which were released in 2017, this edition expands on advanced practitioner issues, as well as the emerging law of construction disputes on an international basis and gives the practitioner all the case law needed in one concise volume. The book examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction, alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating in order to reach successful conclusions without litigation. Including expert advice and many relevant reference materials, this book is an extremely helpful guide to legal practitioners and construction professionals.
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            ISBN 9780367135461
            Released NZ 28 Oct 2019
            Publisher Taylor & Francis Ltd
            Interest Age 19+ years
            Series Construction Practice Series
            Availability
            In stock at publisher; ships 6-12 working days
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            Environmental Mediation: An International Survey

            Environmental Mediation: An International Survey (Paperback)

            Edited by Choquette, Catherine; Fraser, Veronique

            • RRP: $86.99
            • $86.99
            • In Stock At Publisher

            Environmental mediation continues to develop and evolve in different jurisdictions across the world in order to prevent potential environmental conflicts or to resolve the conflicts while avoiding the inherent drawbacks of an adjudicated solution. This book takes a comparative ap...proach to explore the legal framework of environmental mediation with a focus on the judicial, administrative and private procedures and the criteria for accrediting mediators in a range of jurisdictions across the world. It also examines practical considerations for environmental mediators while analysing the effectiveness of different mediation processes.
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            ISBN 9780367888725
            Released NZ 20 Dec 2019
            Publisher Taylor & Francis Ltd
            Interest Age 19+ years
            Availability
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            The Resolution of Sovereign Debt Crises: Instruments, Inefficiencies and Options for the Way Forward

            The Resolution of Sovereign Debt Crises: Instruments, Inefficiencies and Options for the Way Forward (Hardback)

            By Abel, Jeannette

            • RRP: $282.00
            • $282.00
            • Available At Publisher

            The insolvency of states is by no means a rare or new phenomenon. Despite this, it still seems to be widely felt that states do not go bankrupt. As of yet, there are no regulated insolvency proceedings for states. This book examines the current mechanisms for solving sovereign de...bt crises. It presents an analysis of their weaknesses and shows possibilities for dealing with such crises in the future. In this respect, the work focusses on crisis resolution measures at European level: the aid packages for Greece, the European Financial Stabilisation Mechanism, the European Financial Stabilisation Facility and the European Stability Mechanism. These are examined for their appropriateness as well as whether they contain elements of insolvency law. Ultimately, it explores possible insolvency proceedings for states at EU level and their implementation options.
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            ISBN 9780367182359
            Released NZ 1 May 2019
            Publisher Taylor & Francis Ltd
            Interest Age 19+ years
            Availability
            Showing available at publisher; usually ships 7-14 working days
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            Collaborative Practice: An International Perspective

            Collaborative Practice: An International Perspective (Paperback)

            By Healy, Connie

            • RRP: $86.99
            • $86.99
            • In Stock At Publisher

            Collaborative practice is a new method of dispute resolution, used mainly in family law matters. By taking a non-adversarial approach, it challenges the strictly positivist view of the lawyer as 'zealous advocate' for the client. As such, it has received much criticism from the e...stablished Bar and legal profession. This book provides a doctrinal and empirical analysis of collaborative practice with a view to assessing its place within the dispute resolution continuum and addressing whether this criticism has been justified. It begins by establishing the theoretical underpinnings of conflict and differing approaches to conflict resolution, the impact of the comprehensive law movement and therapeutic jurisprudence. The origins and development of the collaborative process and the framework it provides for a multidisciplinary approach to conflict resolution is outlined. The book addresses the examination of the process undertaken in the lead up to the enactment of the Uniform Collaborative Law Act in 2010; now regarded as a model of best practice. Finally, through an examination of empirical research undertaken in the US, Canada and in England and Wales, and in presenting the results of the first known empirical research into the process in an Irish family law context, the book concludes with an evidenced based analysis of the process from the perspective of couples who chose to use the collaborative model to resolve the issues surrounding their relationship breakdown, collaborative lawyers and lawyers who do not advocate a non-adversarial approach. As such this book provides a valuable insight into the process which will be of interest to: academics; practising lawyers; members of the judiciary; researchers in the fields of conflict resolution and family law and for students studying alternative dispute resolution (ADR).
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            ISBN 9780367874988
            Released NZ 20 Dec 2019
            Publisher Taylor & Francis Ltd
            Interest Age 19+ years
            Availability
            In stock at publisher; ships 6-12 working days
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            Transboundary Water Cooperation: Principles, Practice and Prospects for China and Its Neighbours

            Transboundary Water Cooperation: Principles, Practice and Prospects for China and Its Neighbours (Paperback)

            Edited by Wouters, Patricia; Huiping, Chen; Nickum, James E.

            • RRP: $86.99
            • $86.99
            • In Stock At Publisher

            China and its neighbours face a series of water security issues, in which international law plays a vital role. Paramount to both policymakers and researchers in the field of water law, the current status of transboundary water cooperation schemes and how these operate in China i...s of global significance. Grounded in international experience, this comprehensive volume provides readers with an up-to-date overview of current international transboundary water resource sharing policies and practices, including detailed case studies at both domestic and international levels. The authors discuss existing international laws, treaties, and principles that may stimulate transboundary water cooperation and dialogue, and then analyse a number of international experiences with treaties in North America, Eastern Europe, and Central Asia. They take stock of China's water resource issues, legal practices and options, examine case studies of China's southern shared rivers, and explore some innovative approaches to cooperative management of shared waters within China. The articles in this book were originally published in the journal Water International.
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            ISBN 9780367886783
            Released NZ 20 Dec 2019
            Publisher Taylor & Francis Ltd
            Interest Age 19+ years
            Series Routledge Special Issues on Water Policy and Governance
            Availability
            In stock at publisher; ships 6-12 working days
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            The Public-Private Nature of Charity Law
             

            The Public-Private Nature of Charity Law (Paperback)

            By Chan, Kathryn

            • RRP: $66.00
            • $66.00
            • To Order

            Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium... between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University
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            ISBN 9781509927968
            Released NZ 21 Mar 2019
            Publisher Bloomsbury Publishing PLC
            Interest Age 19+ years
            Availability
            Indent title (internationally sourced), usually ships 4-6 weeks
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