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Malcolm Rosalind: Statutory Nuisance

Statutory Nuisance

Law and Practice

The 2nd edition of Murder, Medicine and Motherhood presents a fresh examination of the case of Kathleen Folbigg and a critical evaluation of the process that led to her exoneration in 2023. 

In 2011, the 2nd edition of this influential work argued that Kathleen Folbigg was wrongly convicted of killing her 4 children. The book attracted scholarly and public attention and led to medical and legal reviews of the Folbigg children's deaths. 

Two subsequent inquiries examined Folbigg's convictions. In 2019, Commissioner Blanch concluded that Folbigg's guilt was "even more certain" than it had been at trial. His report provoked an unprecedented response from the Australian Academy of Science, highlighting a rift between the legal and scientific establishments over how medical evidence should be managed. A petition signed by Nobel prize winners and others demanded a further review. The 2nd inquiry, completed in 2023, adopted a markedly different approach to scientific and behavioural evidence. Commissioner Bathurst ultimately reached the "firm view" that "reasonable doubt exists as to Folbigg's guilt." 

This new edition extends the examination of the legal process, medical evidence, and normative expectations of motherhood. It evaluates law's fact-finding processes and the legal system's adherence to the principles of proof beyond a reasonable doubt, and raises concerns about how legal actors work with scientific uncertainty and assess women's credibility and demeanour.

The Wrongful Convictions of Kathleen Folbigg

Murder, Medicine and Motherhood

This title ties together common issues with shared amenity freeholds, leaseholds, and park homes. The book is unique in its approach, in that it joins together the dots of the common problems, and provides a problem and solution based perspective. In recent years events such as the leasehold mis-selling scandal have uncovered a number of issues involving leaseholds, ground rent, retirement properties and park homes. This title brings together the law, or lack of, surrounding tenure, ownership and management and discusses their unique issues and the remedies, jurisdiction and enforcement. This title is included in Bloomsbury Professional's Property and Land Law online service.

The Law of Collective Living: A Practitioner's Guide

Space, Materiality and the Normative

As many western countries are increasing their legal regulation and surveillance of public spaces, this book offers new ways of thinking about and addressing urban inhabitation, by showing how particular understandings of the world become entrenched through physical and sensory experience.

The Making of the Regular City

Law, Sensory Experience and Urban Space

The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

Developing the EEA over Three Decades

The EFTA Court

Criminal Practice Series

Containing comprehensive coverage of recent changes, the book deals extensively with the Fraud Act 2006, going on to explain the particular types of fraud activity that are charged, from the everyday bread and butter work that most lawyers experience on a daily basis through to the more specialist areas such as Ponzi Fraud, Boiler room fraud, insider dealing and carbon credit fraud.

This new edition is fully revised with key developments including: 

- The meaning of 'dishonesty' as clarified by the Supreme Court in respect of civil proceedings in Genting Casinos v Ivey [2017] UKSC 67 and subsequently in respect of criminal proceedings in Barton &amp; Booth [2020] EWCA Crim 575
- The dangers of instructing experts without sufficient expertise
- Dismissal of applications following SFO v Barclays Plc [2018] EWHC 3055
- Attorney General's Guidelines on Disclosure 2022
- CPIA Code of Practice 2020
- Digital material and reasonable lines of enquiry
 
This title is included in Bloomsbury Professional's Banking and Finance online service.

Fraud: A Practitioner's Handbook

The rise in the use of private prosecution is of increasing importance to criminal practitioners as well as civil litigators and commercial practitioners. This book sets out the history of private prosecutions, the statutory bases and the practical issues involved in bringing and conducting a private prosecution. The step-by-step approach begins with the laying of the information and the subsequent issuing of the summons, followed by the investigation process and the gathering of evidence through to the trial process and procedure itself. In addition the work includes the important related aspects of disclosure, costs and confiscation. Extensive use of case law and reference to related literature and statutes, as well as the inclusion of precedents, ensures a comprehensive single source for both the less experienced practitioner taking their first steps into private prosecutions and for the more experienced practitioner as a handy reference source for court.

The Law and Practice of Private Prosecutions

Routledge Frontiers of Criminal Justice

Exploring Criminal Justice Perspectives through An Australian Case Study

Youth Diversion

The leading guide to the toolkit introduced by the Anti-Social Behaviour, Crime and Policing Act 2014. It clearly explains through the use of case studies, practical examples and tactical advice how the tools operate and how they may be used to best effect.

Bhogal on Anti-Social Behaviour

Reimagining Law for People and Planet

UK Earth Law Judgments

This book explores the private law implementation of the new international and EU regulatory framework targeting decarbonisation in the shipping industry. Compared with other sectors, the shipping industry has traditionally been labelled a 'slow mover' concerning the sustainability agenda. However, new regulatory measures on carbon reduction both internationally and in the EU require fundamentally new developments in the industry. This book focuses on the goal of carbon reduction from a private law perspective and considers how the new regulatory framework can be implemented in the shipping industry. This book studies existing contractual provisions in charterparties and bills of lading alongside new contractual model clauses designed to facilitate carbon reduction. It considers how the new clauses should be interpreted, whether they will transform traditional shipping contracts into more collaborative contracts, and how they will interact with other clauses in the contract and with other contracts in the supply chain. The contractual analysis is considered in context, reflecting on enforcement issues, such as Port State Control (PSC), the Poseidon Principles, and climate change litigation. The book also analyses the related topic of shipping contracts for carbon storage as a necessary means of meeting carbon reduction targets. The book is intended to pave the way for understanding how core shipping contracts can work in this new context and the extent to which the new types of clauses will profoundly transform contracts. It presents contributions by experienced and younger academics and practitioners from Asian, European and Scandinavian legal systems.

Contracts in Context

Carbon-Free Shipping and Shipping Carbon

"This book evaluates the ways in which maritime transactions can achieve global decarbonisation targets in accordance with contract governance theory. The chapters cover a wide spectrum of considerations and external influences on shipping contracts to enhance the effectiveness of green terms. In a transnational sector such as shipping, where contracts can exert greater influence on corporate decarbonisation efforts than international regulation, the book challenges the traditional limitations of contract law and calls for deeper integration of green principles into private relationships"--

A Contract Governance Approach to Achieving Decarbonisation in the Shipping Sector

Green Shipping Contracts

The Law and What Happens When We Break it by Accident

Any One of Us

Statutory Nuisance

Informations bibliographiques

Mots-clés

Informations bibliographiques

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