Doubly Deviant, Doubly Damned - Society's Treatment of Violent Women
29 August 1995
28 October 2013
23 October 2013
5 December 2013
26 April 2013
27 November 2013
Ann Lloyd - Penguin £6.99
Whatever the myths would have us believe about women being "deadlier than the male", Anne Lloyd's account of society's treatment of violent women attempts to put the record straight.
Dr Gillian Mezey, a consultant at St George's Hospital and Medical School, states: "If a woman commits an offence she has transgressed against the code of what it is to be feminine and she has transgressed against the criminal law." She points out the failures, omissions and weaknesses of a penal system designed by men for men.
This account of what happens when women fall short of society's image of womanhood includes a series of interviews with women who have been maltreated by the penal system,
exposing the injustices of a system that seems to label women as either 'mad' or 'bad'.
Lloyd calls for changes in the law towards women who commit violent crimes, suggesting gender training for police, lawyers, magistrates and judges and a change in the law of provocation.
She cites cases to illustrate the difference between the sentencing of men and women. Sara Thornton was sentenced to life for stabbing her husband in the stomach, after he had repeatedly abused her. Joseph McGrail, killed his drunken common-law wife by kicking her; he was found guilty of manslaughter and received a two-year suspended sentence.
In her horrific accounts of women who have mutilated themselves as a result of imprisonment, Lloyd pushes for reforms to lessen the damage suffered by women in the present prison regime.
Doubly Deviant, Doubly Damned presents groundbreaking scientific and social evidence about the position of the violent female in society. The case studies and imaginative use of research provide a disturbing and moving read.
Jones on Extradition
Alun Jones QC
Sweet & Maxwell £85
Practitioners in this fascinating if arcane area of the law have been bereft of an accessible text on the subject for over a decade. But the advent of the Extradition Act 1989 has produced three books in the last 12 months. A positive glut.
Jones on Extradition is probably the most complete expose of the idiosyncrasies of extradition law since Clarke on Extradition.
Jones' position as a leading light in extradition accounts for his invaluable use of unreported cases, which he concisely weaves into the text. He develops the subject with an interesting survey of the history of extradition law, which serves as a loosener before his exposition of the hard law and procedure.
Jones successfully elects to blend the features of the three schemes under the 1989 Act with the text oscillating between the practical and analytical. The chapter on the procedure common to both Schedule 1 and Part III Extraditions exemplifies the value of this work and Jones' commentary is at its best when he deals with the High Court and House of Lords powers before the decision to surrender. A feature of the 1989 Act is its concern over political offenders and this proves a highlight of the book.
Jones is up-to-date with case law and topical in his treatment of Hagan and Croft. The appendices include all the previous Acts. A thoroughly readable book, expensive but worth it.
Anthony Burton is a partner at Simons Muirhead & Burton.
Partnership Tax Planning for Solicitors: the New Rules Explained
Pannell Kerr Forster
Solicitors Journal Books £30
The Finance Act 1994 contained legislation for the introduction of a system of self-assessment and for the change from a preceding to a current year basis of assessment. These provisions represent a fundamental change to the present system of assessing the self-employed.
The aim of this book is to guide partners in law firms "through the practical implications of the new tax regime". It does not pre-suppose a high level of understanding of the present tax system.
It also incorporates useful features for non-tax specialists such as a glossary of key terms.
The book is divided into four parts. Part I concentrates on analysing how the new rules work. At the beginning of Part II the authors explain that the book is intended to give solicitors a good grasp of their tax treatment in general.
The book scores highly in addressing the practical tax implications for an individual of becoming a partner, and for the partnership of changes in its structure. It also includes a useful chapter dealing with issues which commonly lead to uncertainty in practice such as the tax treatment of interest received on clients' accounts.
The material is well laid out and presented, and each section contains worked examples to illustrate the points made. However, it would perhaps have benefited from a numerical system of paragraph indexing.
While the main legislation was held in the Finance Act 1994, the Finance Act 1995 made a number of changes, for example, as to the contents of the partnership return.
This book, like many others in the field, will need to be updated to take account of such amendments. Nevertheless it represents a valuable guide to taxation issues affecting the individual partner and the partnership as a whole.
Penelope Lorton is an assistant solicitor in the tax and pensions department of Pinsent Curtis.
Inside the Juror
Edited by Reid Hastie
This series of academic essays makes the prospect of one's next jury trial either terrifying or pointless. From a range of researchers, none of whom is British and none of whose research topics centres on UK juries, one could derive support for an equal range of assertions.
Some of these influential differences may be accidental, such as when a juror remembers that she forgot to pay the mortgage bill and misses a few minutes of crucial testimony. Others may be understandable in retrospect such as "when the victim turns out to be the spitting image of the juror's deceitful Uncle Louie". Somehow what one's often pondered in the robing room is more worrying when legitimised by a researcher's findings.
Much attention is paid to the effect of the death penalty as a possible trial outcome, and the unwillingness of a juror to contribute towards it by making a proper finding of guilt. Whether, however, "penalty severity affects verdicts", is a more valuable question posed in one of the studies.
Without a basic understanding of research statistics or methods used in the data, these essays will either defeat the reader, or will leave them unreliably certain or unreliably uncertain as to the validity of the methodologies deployed.
It is not a browse, nor a light read. Once the faint-hearted have moved on to the latest Inspector Morse, it is well worth digesting, and provides further justification for a review of s.8 of the Contempt of Court Act.
Anne Rafferty QC practises at 4 Brick Court, Temple.
The Law of Passing Off 2nd Ed
Sweet & Maxwell £98
The second edition of Wadlow's work is a welcome addition to the growing body of practitioner's text in this area.
Its structure is user-friendly, dealing in turn with the classic elements of passing off, goodwill, damage and misrepresentation. Specific industry areas are also addressed such as the drinks/appellation controllee actions, magazines, books, plays and film titles.
The nature of misrepresentation (in the passing off sense) is considered in some detail and by reference to a large number of examples.
In addition to considering the classic switch sale type of misrepresentation where the defendant's goods are purchased in error, he also considers a range of 'connection' misrepresentations, including agency, dealership, licensing, franchising and character merchandising.
Comparative law features strongly in the text, an example being the analysis of character merchandising cases such as the Australian Hogan (Crocodile Dundee) cases and the English Ninja Turtle decision.
In the enforcement section of the text there is much practical detail on procedure and evidence. The evidence section is stronger containing a useful discussion of the admissibility of trade and survey evidence. A full account of relevant procedures and orders is perhaps beyond the scope of a text like this, and in compressing such a large body of law there is a tendency to generalise.
But for those involved in advising on passing off issues this book is highly recommended.
Paul Walsh is a partner at Bristows Cooke Carpmael.
The Preservation of Near-Earth Space for Future Generations
John A Simpson
The protection of the earth's global environment is now recognised as being essential if man is to continue to exist on this planet. However, the relevance of environmental protection and sustainable development principles to the use of outer space may seem questionable.
This book is a compilation of scientific and legal papers submitted for a symposium held at the University of Chicago in 1992 on near-earth space and provides an in-depth analysis of why space needs protection.
Sections I and II introduce, in accessible language, the nature of the problem. Near-earth orbital space is prime real estate for satellites as well as being the environment through which space missions must pass. The amount of space available in near-earth orbit is limited and the build-up of debris in this zone is reaching critical mass.
The principle of sustainable development, having gained acceptance in environmental policy, has proved equally applicable in forming a basis upon which to address environmental treaty-making and different options for the environmental regulation of near earth space.
The protection of near-earth space raises similar problems to those involved in regulating environmental treaty making and enforcement of environmental law. How this has been dealt with in the past provides valuable lessons for the treatment of space.
As an overview of emerging trends in international environmental treaties and law, this section may be of some interest to specialists in these areas.
The more technical sections of the volume are of limited use to the average lawyer. Not many lawyers know, for example, that the meteoroids which end their journeys as shooting stars in our night sky are only one centimetre wide.
Pam Castle is a partner at McKenna & Co.
Coopers & Lybrand/CJ Lemar
Everything you wanted to know about experts but were afraid to ask. Or should I say, everything that accounting experts need to know and what you need to know about them.
The long-awaited third edition of the Coopers & Lybrand treatise on litigation support Coopers & Lybrand Guide to the Financial Assessment of Damages and Forensic accounting has arrived on the bookshelves.
This valuable foray into the little-known habitat of the forensic accountant includes sound pointers for the would-be expert witness, from "when giving evidence, the expert should look at the judge or the advocate rather than look down all the time at the evidence bundles, or worse still, at his feet" to the key issues involved in LMX spiral cases.
Coopers obviously see this work as a valuable marketing tool and within this well-written and easy-to-read text, the messages are between the lines. Nonetheless it provides a useful summary of the many techniques available to the expert witness and a good starting point for the uninitiated lawyer delving into the world of SASs, SORPs or discounted cash flows.
The text is really only of use to the novice expert as it deals with most subjects without much analysis or detail.
Followers of professional negligence claims may be interested to see Coopers going into print with a chapter devoted to the subject, though the material is carefully written.
I assume all Coopers' clients will now be clamouring to be billed at the scale rates set out in the example fee arrangement in Appendix K, which at £200 per hour for a partner seems highly competitive.
Tim Allen is co-founder of Lee & Allen, forensic accountants.
Tromans and Turrall-Clarke
Sweet & Maxwell £85
Much of the law relating to contaminated land and the environmental problems it gives rise to is riddled with uncertainty and inconsistencies.
As a result, many professionals will welcome the publication of this book which deals with the subject clearly.
Those who are new to the subject as well as old enthusiasts will be fascinated by the introduction which not only sets out in detail the consequences of contamination and gives statistics about the extent of the problem, but also lists some of the more notorious contaminated sites. These include the Lumsden Road housing estate in Portsmouth where residents had to be evacuated from the site following the discovery of substances such as arsenic, asbestos and cadmium.
For legal practitioners there are useful chapters on site investigation reports and methods of cleaning up polluted sites.
The terminology used in the reports is explained together with simple rules on how to assess the adequacy of the information contained within them.
Contaminated land issues have implications for all kinds of development work and in recognition of this there are chapters dealing specifically with town planning and construction.
It also looks in detail at property transactions and the appointment of environmental consultants. Those chapters are supported by a number of standard precedents such as an access agreement for site investigations.
The problem facing any author trying to tackle this subject is that not only are there continual improvements in technical knowledge, but the laws relating to the subject are changing constantly.
For instance, the Environment Act 1995 which has received Royal Assent since the publication of this book has widespread implications in relation to clean-up liabilities for contaminated sites.
Inevitably, it will need updating quickly, but there is no doubt that it will soon become the authoritative work on the subject.
Denise Dowen is an assistant solicitor with Dickinson Dees.
Good Faith and Fault in Contract Law
Jack Beatson and Daniel Friedmann (editors)
Good Faith and Fault in Contract Law addresses a wide range of issues relating to contractual duties and remedies for breach. It focuses, as the title suggests, particularly on the obligation of good faith, both in pre-contractual negotiations and in performance of the contract, and also on whether 'fault' ought to be a factor in determining whether there has been a breach of contract.
There is also a highly topical section dealing with the EU Directive on Unfair Contract Terms in Consumer Contracts.
The book is a collection of essays with a strong international flavour. The authors come from around the globe and are all from the top echelons of the academic legal world.
Between them, the joint editors have succeeded in compiling a comparative analysis of the law of contract, its development, and the influence that one legal system has on another.
According to the editors, one of the motivating factors in organising the conference on which the book is based was the perception that English contract law has become less innovative and less open to the influence of other systems.
For those with an interest in the development of the law of contract internationally, this is the book for you. It does not shy away from trickier areas of the contract law and adopts a fresh approach.
Jonathan Pickworth is an assistant solicitor in the litigation department at Linklaters & Paines.