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McMahon B: McMahon and Binchy on the Law
of Torts

McMahon and Binchy on the Law of Torts

Cambridge Law Handbooks

The Cambridge Handbook of AI in Civil Dispute Resolution&nbsp;is the first global, in-depth exploration of how artificial intelligence is transforming civil justice. Moving past speculation, it showcases real-world applications-from predictive analytics in Brazil's courts to generative AI in the Dutch legal system and China's AI-driven Internet Courts. Leading scholars and practitioners examine the legal, ethical, and regulatory challenges, including the EU AI Act and emerging governance frameworks. With rich case studies and comparative insights, the book explores AI's impact on access to justice, procedural fairness, and the evolving public-private balance. Essential reading for legal academics, policymakers, technologists, and dispute resolution professionals, it offers a critical lens on AI's promise-and its limits-in reshaping civil dispute resolution worldwide.

The Cambridge Handbook of AI in Civil Dispute Resolution

Historically the law of tort has offered limited protection for personal privacy however, since the enactment of the Human Rights Act 1998 this branch of the law of tort has seen rapid development. This book analyses the extent to which the law of tort currently affords protection against invasions of personal privacy and the remedies that are available. The book considers tort law and privacy in other common law jurisdictions including the US, Australia and New Zealand. It then goes on to explore the potential for a common law tort to be developed which would be capable of offering broader protection for personal privacy and its prospects for statutory codification.

Historically the law of tort has offered limited protection for personal privacy using a patchwork of established torts such as private nuisance and battery. Until recently no tort was recognised in English law which was exclusively concerned with protecting what could properly be described as a ‘privacy interest.’ However, since the enactment of the Human Rights Act 1998 which brought about the incorporation into domestic law of Article 8 of the European Convention on Human Rights (ECHR) this is a branch of the law of tort which has seen rapid development, with the judiciary developing a tort of ‘misuse of private information’ which is now capable of preventing and remedying violations of the ‘informational’ aspects of personal privacy. The possibility of introducing a statutory tort of privacy has been considered by a number of review bodies but so far no progress has been made in this area.This book analyses the extent to which the law of tort currently affords protection against invasions of personal privacy and the remedies that are available. The book considers tort law and privacy in other common law jurisdictions including the US, Australia and New Zealand where debates concerning the legal protection of personal privacy are also taking place. It then goes on to explore the potential for a common law tort to be developed which would be capable of offering broader protection for personal privacy and its prospects for statutory codification.

Tort Law and the Protection of Privacy

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

A clarion call to recognize soldiers' rights, arguing that volunteering to fight and die for one's country does not mean consenting to exploitation in the process. American leaders endlessly profess their admiration for military service members. But these effusive declarations hardly comport with reality. Soldiers receive shoddy equipment and inadequate medical care; they are ordered to commit crimes and deployed to illegal wars. Such treatment is rarely recognized for what it is: a violation of the duty owed to soldiers by their government. When American service members are injured or killed during training, for example, they and their families are barred from suing the military for negligence or malfeasance. And when the torture of detainees at Abu Ghraib came to light, the subsequent proceedings focused just on low-ranking perpetrators. The psychological harm done to the soldiers themselves by commanders who ordered them to commit torture in the first place went unacknowledged. Examining statutes, treaties, court cases, and congressional hearings, Saira Mohamed shows how the law encourages the treatment of soldiers as mere instruments, to be used and abused however the government wishes. She also unearths overlooked laws that point in the other direction, suggesting the possibility of robust protections for service members. Paradoxically, these get ignored in part because of the popular adulation of the military--the vision of service members as heroes who selflessly endure unlimited sacrifice. The all-volunteer nature of the force also promotes the misguided notion that soldiers have willingly accepted whatever mistreatment they might endure. What a Country Owes Its Soldiers shows how laws and mindsets can change, enabling genuine respect for soldiers' humanity. Acknowledging their rights can transform our understanding of those who fight America's wars, and of American warmaking itself.

What a Country Owes Its Soldiers

...by any standard, a remarkable magnum opus ... No serious lawyer, accountant or corporate entrepreneur can do without this work. The 2014 Act and this volume, taken together, are the corner-stone and keystone respectively of the bridge to understanding the corporate law of this State. Michael McDowell, The Sunday Business Post The most comprehensive commentary on Irish company law and the recognised authority in this jurisdiction, Law of Companies is an unparalleled statement of the law applicable to the formation, administration and management of companies. This new edition: - reviews the amending legislation enacted since 2015; - completely reviews the law relating to one of the most fundamental principles of company law, lifting the veil, - expands and improves the chapters on the law on corporate criminal liability and the criminal liability of directors, - redevelops the chapter on directors' fiduciary and other duties by reference to both Irish and UK developments, - provides coverage of the significant changes to company general meetings introduced following Covid, - analyses the new rescue process for small and micro companies that was introduced in 2021, and &gt; Fully updated to take account of the hundreds of judgments from the Irish and UK courts delivered since the previous edition, as well as the new statutory provisions, the fifth edition of The Law of Companies is a 'must have' for all practitioners and students of Irish company law. This title is included in Bloomsbury Professional's Irish Company and Commercial Law online service.

The Law of Companies

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.

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 landmark collection provides new insights, concepts and techniques to understand and respond to tort claims based on illegal conduct. It is the first comparative study of this difficult field, which has remained contested despite numerous decisions of the highest courts in the common law world. The collection draws on scholars from common law and civilian jurisdictions spanning Argentina, Australia, Brazil, England and Wales, France, Germany, Italy, the Netherlands, Scotland, Singapore, Spain, South Africa and Sweden. Together they set out fact patterns, and justifications for tort liability to illustrate the coherence and unity that exists when courts address such claims. While common law legal systems have developed a specific defence of illegality for some of those fact patterns, civilian jurisdictions tend to see illegality operating, if at all, through the existing components of tort liability. The book explains how these different approaches have been reached, how they work, and what they reveal about reasoning in tort.

Comparative Legal Reasoning in Global Perspective

Understanding Illegal Tort Claims

Provides guidance to the complexities of establishing liability, as well as assistance on running psychiatric claims.

This edition deals with the development of law and practice since the first edition, in particular:
- The Grenfell Tower disaster 
- The change in attitude towards mental health 
- Discussion of Marsh v Ministry of Justice [2017] EWHC 1040 (QB)
- Analysis of cases involving secondary victim claims
- Updates on material contribution 
- Updates on changes to the classification of psychiatric injury 

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

Provides guidance to the complexities of establishing liability, as well as assistance on running psychiatric claims.

This edition deals with the development of law and practice since the first edition, in particular:
- The Grenfell Tower disaster 
- The change in attitude towards mental health 
- Discussion of Marsh v Ministry of Justice [2017] EWHC 1040 (QB)
- Analysis of cases involving secondary victim claims
- Updates on material contribution 
- Updates on changes to the classification of psychiatric injury 

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

Litigating Psychiatric Injury Claims

Gambling Law in Ireland

Now completely updated, this one-of-its-kind treatment provides invaluable analysis and practical insights from an array of experienced attorneys who practice before the U.S. Trademark Trial and Appeal Board.This edition considers all relevant case law, as well as the 2021 and 2023 changes to the Board's rules. Every chapter clearly describes and analyzes a separate facet of Board practice and concludes with a valuable checklist of items for practitioners to bear in mind during each stage of a Board proceeding. Topics include: <ul><li>Inter partes matters and prefiling considerations</li><li>Pleadings and commencement of proceedings</li><li>Disclosures and discovery</li><li>Motion practice</li><li>Trial procedures and rules of evidence</li><li>The use of experts</li><li>Briefs on final hearing and oral argument</li><li>Appeals from final TTAB decisions</li><li>Settlement, alternative dispute resolution, and accelerated case resolution</li><li>Ex parte appeals</li><li>Ethical issues when practicing before the Board</li></ul>

A Legal Strategist's Guide to Trademark Trial and Appeal Board Practice, Fifth Edition

Studies in International Law

This book offers a bold new perspective on how international adjudication operates. While international courts claim to decide all disputes over which they have jurisdiction, this book argues that sometimes they strategically choose not to. Through detailed case studies and a close analysis of international procedural law, it reveals that courts decide most disputes most of the time - but not all. By unpacking how courts use doctrines of jurisdiction and admissibility to avoid or narrow down certain issues, the book exposes the covert techniques of judicial avoidance. It shows how the flexibility of international procedural law allows judges to manage politically sensitive disputes without openly acknowledging that they are relying on avoidance doctrines. This book offers a nuanced and realistic account of international adjudication, one that recognises how legal principle is often weighed against political and practical realities.

Jurisdiction, Admissibility, and Justiciability

Avoidance in International Dispute Settlement

A spellbinding novel about sisters separated by centuries, but bound together by the sea, from the author of the runaway New York Times bestseller Weyward

A Novel

The Sirens

McMahon and Binchy on the Law of Torts

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