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McMahon B: McMahon and Binchy on the Law
of Torts

McMahon and Binchy on the Law of Torts

A practitioners' text providing a summary of the law as it relates to insurance claims, largely, but not exclusively, addressing claims against insurers and insurance brokers specifically aimed at those involved in the application of the law on a daily basis, whether as solicitors, barristers or insurance claims handlers. 

Explaining the meaning of terms and concepts in plain English making it accessible to lawyers and non-lawyers alike, the 5th edition is fully revised and updated taking account of all significant new case law, including those being appealed to the Court of Appeal.

In addition to important insurance case law caused by the Covid 19 pandemic ,eg Rockliffe Hall v Travelers Insurance Co Ltd, Stonebridge Pub Company v MS Amlin, Various Eateries Trading Ltd v Allianz, and Greggs plc v Zurich, where a range of issues have been decided, other significant cases analysed in the 5th edition in detail include:

- Berkshire Assets v AXA in relation to avoidance for breach of the duty of fair presentation under the Insurance Act 2015
- Quadra Commodities SA v XL Insurance Company SE in relation damages for late payment of insurance claims under s.13A of the Insurance Act 2015
- Jones v Zurich in relation to avoidance of an insurance policy under the Consumer (Insurance and Disclosure) Act 2012

In addition Chapter 17, Specific Types of Insurance , is expanded to include a new section on cyber insurance.

Insurance Claims is also available as part of Bloomsbury Professional's Insurance Law online service.

Insurance Claims

This book argues that patient autonomy and medical negligence make for strange bedfellows. The emphasis on autonomy has distorted orthodox negligence principles, contributing to uncertainty and angst amongst healthcare professionals while eroding trust in the doctor-patient relationship. This work takes the current discourse beyond autonomy - which focuses on the rights of the patient, to agency and shared decision-making - which focus on the relationship between doctor and patient. The core argument is built on a review of the theoretical foundations of negligence and the philosophical conceptions of autonomy. Provocatively, this work argues against a rights-based approach to negligence - which can be confrontational - in favour of a human obligations approach, which is collaborative and thus well suited to the doctor-patient relationship. Drawing on the theoretical analysis, the book identifies doctrinal anomalies in the duty of care, standard of care, causation, and damage. It critically analyses landmark UK Supreme Court cases, including Chester v Afshar, Montgomery v Lanarkshire Health Board, and McCulloch v Forth Valley Health Board, arguing that the law is increasingly detached from the realities of medical practice and reasonable expectations of patients. Primarily based on UK law, the work also discusses Australian, Canadian, and Singaporean law. The book is aimed at the medical and legal fraternities as well as students and scholars of tort law. Doctors and lawyers will gain fresh insights into medical negligence; scholars will find an alternative perspective to orthodoxy with rich material to rethink theory and doctrine in negligence.

Beyond Autonomy

Medical Negligence and the Duty to Advise

Commonwealth Caribbean Law

Commonwealth Caribbean Criminal Law is a comprehensive guide to criminal law, covering the jurisdictions of Barbados, Jamaica, Trinidad &amp; Tobago, the Bahamas, and Belize, with reference also to other jurisdictions such as Guyana and the OECS member states. Written by established lecturers at the University of the West Indies, this text is an essential guide for all students of criminal law in the region.

Commonwealth Caribbean Criminal Law

This third edition of Construction Law: From Beginner to Practitioner provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the architecture, engineering and construction (AEC) industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include:<ul> <li>the fundamentals of law and the English legal system</li> <li>contract, business, tort and property law</li> <li>procurement, subcontracting and partnering</li> <li>claims, damages, losses and expenses</li> <li>dispute resolution including mediation, arbitration, litigation and adjudication</li> </ul>New updates for the third edition include discussion of the Building Safety Act and the "Golden Thread", the maturity of BIM and digital twin technologies, the JCT 2024 suite of contracts, and the collaboration between NEC and the Framework Alliance Contract. Emerging trends, such as the digitization of demand and legal vehicles like project bank accounts, are also covered. Two new chapters delve into the impact of Artificial Intelligence on construction law, ensuring the book remains at the forefront of industry developments while preserving its tried-and-tested structure.This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.

From Beginner to Practitioner

Construction Law

Artificial Intelligence and Blockchain in International Arbitration offers an exhaustive analysis of technology-assisted arbitration across the entire arbitral lifecycle by examining how blockchain and artificial intelligence are used in drafting and concluding arbitral agreements, in the constitution of the tribunal, in the overall procedural management of the case, on evidence and disclosure, on virtual hearings, and even on arbitral award drafting. It delves deeper into the limitations of automation, the non-delegable roles of arbitrators, and the compatibility of digital procedures with core arbitration principles such party autonomy, due process, equality of arms, secrecy, and impartiality. Additionally, it examines how new technologies interact with private international law, with the consent of the parties, the relevant legislation and how these technologies can be incorporated into arbitration without going against public policy, without violation due process rights and, in that way ensuring enforcement under the New York Convention.This book, by examining how blockchain and artificial intelligence are changing arbitral practice, provides a fresh and topical viewpoint on current debates in international arbitration and explores how these technological advancements are reshaping arbitration foundations while posing ethical challenges about the future of arbitration.

Artificial Intelligence and Blockchain in International Arbitration

A poignant story of love and regret, from a master of contemporary Irish fiction An Irish Times, RTÉ Culture and Big Issue Book of the Year for 2025 * 'David Park is one of Ireland's great novelists.' Roddy Doyle, author of The Commitments * For fans of Sebastian Faulks, Donal Ryan and Anne Tyler comes this beautiful novel following two troubled men, separated by nearly a century, bound by the ghosts of their past When George Allenby is put in charge of building a lake in the grounds of an imposing Irish manor house, he intends to do the job as swiftly as possible and return to Belfast. Allenby is still wrestling with his time as an officer during the First World War, burdened by the many things he could have done differently. Almost a century later, Alex and Ellie are preparing for their wedding, sparing no expense to hire a venue overlooking the very lake Allenby built all those years ago. Like Allenby before him, Alex is haunted by decisions he made in the past. Now, with the wedding drawing ever closer, he is at a crossroads. Telling the truth might free him from his guilt; it might also take away everything he cares about, including Ellie. In this masterful portrait of love and betrayal, David Park reveals the many ways the past seeps into the present: destructive, formidable, but also hopeful, in the moments of fragile beauty that remain.

Ghost Wedding

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

Judicial Review

The edited volume explores the building blocks of the new EU Product Liability Directive. Offering normative and comparative perspectives, it examines its role within the broader legislative framework. The volume also looks specifically at its application to artificial intelligence. Rigorous and comprehensive, it is a magisterial overview of this transformational legislation.

Doctrinal, Comparative and Interdisciplinary Approaches

The 2024 Product Liability Directive

Provides a comprehensive guide for those advising upon, and dealing with, the civil liability and professional discipline of valuers/surveyors, estate agents and auctioneers. 

Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the regulatory and procedural aspects.

The work commences with an overview of the law of professional liability insofar as that is pertinent to the professions in question and goes on to focus upon particular issues in relation to litigation which require special attention in claims of this kind. It considers the individual professions in question, providing a detailed account of the legal principles and the case-law applicable to their civil and (in the case of estate agents) their criminal liability.

This title is included in Bloomsbury Professional's Professional Negligence Law online service.

Property Professionals’ Negligence and Liability

This book addresses the veritable flood of litigation sparked by interest rate swaps and other financial derivatives and looks at the way in which these disputes are solved across a variety of jurisdictions. It discusses how the issue is dealt with in Europe -where derivatives litigation is a pervasive problem- by comparing solutions in the UK, Germany, Austria, Switzerland, France, Italy, Spain, the Netherlands, Belgium, Norway, Poland and Hungary. It also addresses financial derivatives litigation beyond Europe, namely in the US, Australia, Hong Kong, and Singapore. Derivatives litigation raises a variety of highly relevant issues: it provides insights into the duties of care owed by the bank to its clients in terms of information, transparency and warnings; it is revelatory for conflicts of interests, since banks who enter into derivatives take contrarian positions to their clients, raising the question whether they are allowed to do so despite their role as fiduciaries. The book addresses the private law effect of regulatory conduct of business rules included in the European Markets in Financial Instruments Directive (MiFID), and also looks at the capacity of public bodies to enter into derivatives agreements against the backdrop of intricate conflict of laws issues. By analysing derivatives litigation, the book sheds light on the general relationship between private law, civil procedure, supervisory actions, regulatory action, administrative law, criminal law, and alternative dispute resolution, as well as on how to deal with mass claims in the financial sector. An essential resource for practitioners involved in cross-border litigation, policy makers, and researchers.

Risk, Regulation, and Responsibility

Financial Derivatives Litigation

Previously known as Drafting Agreements in the Biotechnology and Pharmaceutical Industries, this title provides precedent agreements for the main types of commercial transaction encountered in the life sciences, biotechnology and pharmaceutical industries. In addition to the print version, each precedent is available via an accompanying website in a format which can be easily downloaded and edited. Detailed commentary on legal, commercial and practice issues accompanies every precedent. Provided by specialist lawyers from across Europe, this commentary also highlights important differences between English law and that of other key EU jurisdictions: Germany, France, the Netherlands, Spain and Sweden. Commentary on specific considerations for the US is also provided. In addition to precedent commentaries, the book also contains detailed commentary and discussion of legal issues common to the life sciences, biotechnology and pharmaceutical industries, as well as links to relevant materials (eg regulatory materials on clinical trials). This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Drafting Agreements in Life Sciences

McMahon and Binchy on the Law of Torts

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