21 January 2015

Judul Buku Terbaru 8

21. Charlesworth's Company Law 18th ed

Now in it's 18th Edition, Charlesworth's Company Law presents a comprehensive and detailed account of company law to help readers develop a full understanding of what can, at times, be a complex subject
  • Adopts a writing style that is topical, succinct and easy to read but with enough detail for the reader to gain a thorough understanding of the essential topics
  • Specialist Editors ensure that each chapter is as comprehensive and up-to-date as can be
  • Provides essential guidance for students studying law as well as those following courses with a company law module
  • Acts as a key source of information for newly qualified practitioners, company directors, and administrators and accountants dealing with small companies

    New for the 18th Edition
  • Considers the latest legislative and case law developments including full
    coverage of the changes brought about by the Companies Act 2006
  • Contains a new chapter addressing the European Company
  • Includes excerpts and references to contemporary writing on the subjectto provide a fresh and wider view of the area
  • Incorporates cross-referencing and paragraph numbering to make locating information quick and simple

22. Competition Law 7th edition

Richard Whish and David Bailey's Competition Law is the definitive textbook on this subject. The authors' authoritative treatment of the area is matched by a lively and easy-to-follow writing style, making this book an indispensable resource for undergraduate and postgraduate law and economics students, as well as for practitioners and officials involved in competition law. 
Explaining the economic context within which competition law operates in the UK, EU and internationally, the authors look at the constituent parts of the law and analyze how they affect commercial phenomena. Key aspects are examined in detail, including mergers, horizontal and vertical agreements, the Abuse of Dominance, Intellectual Property and the obligations of Member States under the EC. The book also scrutinizes fundamental Acts and Articles - Competition Act 1998; Enterprise Act 2002; Articles 101 and 102 - providing readers with context, consequences and an overview of how these are applied in practice. 

Online Resource Centre 
The Online Resource Centre that accompanies this edition of the book contains an author video podcasts, articles from the authors, useful web links, and extended versions of the tables in the text. 

This book is essential reading for students, practitioners and officials seeking a respected, reliable, intelligent and critical approach to competition law.

23. Partnership Law in Malaysia

"Partnership Law in Malaysia" is aimed at student studying partnership law in institutions of higher learning. It is a compilation of notes resulting from a study of the subject taught by the author, Dr.Samsar Kamar Latif at the Faculty of Law, International Islamic University Malaysia. This book will also be a valuable aid to overseas law graduates as well as the business community, practitioners and the general public interested in acquainting themselve with the law of partnership in Malaysia
The principles of partnership law as contained in the Partnership Act 1961 are explained in detail and numerous local and Commonwealth cases are discussed at length. The important statutes including the Partnership Act 1961 and selected provisions relating to partnership under the Registration of Businesses Act 1956, Registration of Businesses Rules Act 1957 and Rules of the High Court 1980 are included in this publication for ease of reference. Sample questions to test readers' knowledge are also included in this book.
It is hoped that this book equips readers with a good understanding of the basic principles involved and simultaneously, develop critical and analytical skills which are requisites for the study and understanding of partnership law.  

14 January 2015

Sinopsis Buku Terbaru 7

18. Judicial Review Proceedings : A Practitioner's Guide

Judicial Review Proceedings: a practitioner's guide is a comprehensive yet accessible and practical introduction to the law, practice and procedure of judicial review.
It covers the substantive grounds on which a claim can be brought, deals with specific areas of law where the decisions of public authorities are commonly challenged and provides a practical step by step guide to running a claim including guidance on funding, pre-application procedure, the hearing and a new chapter on the jurisdiction of the Upper Tribunal.
Reviews from previous edition:
'This is, without any reservation, an excellent book, a remarkably lucid guide to the dynamics of judicial review.' New Law Journal
'Those seeking an accessible introduction to the practice and principles of judicial review can do no better than to use this book as their first guide.' Civil Justice Quarterly
Contents include:
- Introduction to judicial review
- Sources of law
- Bodies amenable to judicial review
- Reviewable decisions
- Parties
- Remedies available in judicial review
- Grounds on which review may be sought
- Refusal of relief, invalidity and finality
- Areas of law: housing, education, social security, immigration and asylum, children, information, police powers and planning law
- Public funding
- Pre-application procedure
- Permission application
- Post-permission procedure
- The hearing
The main chapters are supplemented with extensive appendices including precedents, essential extracts from legislation and Civil Procedure Rules, practice directions, forms and guidance.
Judicial Review Proceedings: a practitioner's guide is both comprehensive and user friendly making it suitable as an introductory guide for non-specialist lawyers, advisers, public authorities, law students and claimants as well as a useful handbook for the experienced practitioner.

19. Palmer's Company Law : Annotated Guide to the Companies Act 2006 2nd ed.

The second edition of Palmer's Annotated Guide to the Companies Act 2006 provides updated annotations on all sections of the Companies Act 2006, including those sections which have been inserted or amended since the first edition, and lists the commencement date of each section of the Act.
It also reproduces each section of the Act, with commentary following on immediately, and refers to case law and SIs which have arisen in the implementation period. Cross references to applicable secondary legislation and lists of all statutory instruments made under the Companies Act 2006 are provided, and the various forms of Model Articles of Association made under the 2006 Act (applicable from October 1, 2009) are reproduced.
The 2nd edition of the Annotated Guide to the Companies Act 2006:-
  • Provides updated annotations on all sections of the Companies Act 2006, including those sections which have been inserted or amended since the first edition, and lists the commencement date of each section of the Act
  • Reproduces each section of the Act, with commentary following on immediately
  • Refers to case law and Sis which have arisen in the implementation period
  • Provides cross references to applicable secondary legislation and lists all statutory instruments made under the Companies Act 2006
  • Reproduces the various forms of Model Articles of Association made under the 2006 Act (applicable from October 1, 2009)

20. Retrenchment : The Law and Practice in Malaysia

The importance of job security in the form of continuity in employment in an organisation up to the normal retirement age applies to the general working population. Unfortunately job loss justified by economic and business needs is an inevitable and painful consequence of a corporate restructuring or reorganisation process. It is however essential that the termination of an employment contract on the grounds of redundancy must flow from justifiable grounds which must be bona fide and untainted by any unfair labour practice.
Retrenchment is full of legal intricacies. This book gives insight into the law and practice of retrenchment in Malaysia. Following an overview of the concept of retrenchment, it delves into the circumstances that might lead to retrenchment, the protection provided by the law, the calculation of retrenchment benefits and the payment thereof in the event of insolvency or the winding-up of a company, the operation of the Code of Conduct for Industrial Harmony, as well as the idea of the setting up of a retrenchment fund and the mechanism for its effective implementation from the Islamic law perspective.
Written by authors who have wide experience in employment law, this book makes regular reference to statutory sources and cases from the courts to explain the working of the law and practice of retrenchment. A chapter sets out illustrations from decided cases to assist the reader to better understand how retrenchment can be properly carried out, and the nature and quantum of benefits that may be awarded by the court. The operation of a voluntary separation scheme that often takes place in a business restructuring is also considered.
This book will certainly provide much-needed information to employers, employees and their legal advisers.

8 January 2015

Sinopsis Buku Terbaru 6

16.Frustration and Force Majeure 3rd ed

The third edition of Frustration and Force Majeure provides a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of common law jurisdictions.
The new 3rd edition:
  • Discusses some 70 new cases decided in England and in other common law jurisdictions in four continents
  • Examines the impact on the law relating to frustration of recent  cases arising out of the seizure of ships by Somali pirates demanding ransom
  • Discusses the relation, in cases of an employee’s supervening disability, between common law frustration and the employer’s  duty (under Equality Act 2010) to make reasonable adjustments
  • Contrasts the judicial trend to restrict the scope of frustration of contracts with the effect of supervening events on non-contractual promises which have some legal force by virtue of estoppel or analogous doctrines
  • Examines cases (such as the Classic Maritime case (2010). the Tandrin Aviation case (2010) and the Gold Group case (2010) which consider whether the financial crisis of 2008 and after could be a ground of frustration or be covered by a force majeure clause
  • Discusses some of the provisions Draft Common European Sales Law, in particular Articles 88 and 89
  • Makes many references to The Sea Angel (2007)’  a case on temporary impossibility but also a source of many new ideas on the doctrine of frustration: e.g., that a “reality check” should be applied in deciding whether supervening events should lead to discharge
  • Discusses the re-examination in the Islamic Republic of Iran Shipping Lines (2010) of the principles governing alleged frustration by partial illegality
  • Re-examines “theories” of frustration in the light of recent judicial opinions
Frustration and Force Majeure:
  • Provides a thorough examination of the principles governing the sanctity of a contract
  • Examines the conflict between contractual obligations and the ability to discharge said obligations in response to supervening events
  • Discusses in detail the development of the doctrine of Frustration within the law of contract
  • Contains a comparative element to the narrative which looks at the various foreign systems for rules, concepts and examples with which an evaluation of the English rules can be made
  • Contains an examination of the concept of impossibility distinguishing between various types  of impossibility and between impossibility and impracticability
  • Covers illegality including supervening prohibitions, interference with performance and qualified prohibition, all of which are discussed in detail
  • Deals clearly with the purpose, nature and construction of Force Majeure clauses
  • Discusses legal consequences of frustration  at common law, as modified by legislation

17.Caveat System in Sarawak 4th ed

A caveat is a means of conveying notice to persons who propose to deal with a proprietor that there are other claims affecting the property. It is a key tool employed in day-to-day conveyancing and registration of land titles to protect alleged as well as proved interests and interests that have not yet become actual interests in land.
 This book is devoted to legal practitioners who handle land matters with respect to Sarawak. As the procedures involved in Sarawak are somewhat different to the operation of the caveat mechanism in Peninsular Malaysia, the book attempts to provide practical solutions to the complexities involved. The analysis and discussion of caveatable interests in various transactional situations will prove to be most helpful to practitioners when considering whether a certain interest may be protected by a caveat or in resisting a caveat that has been entered. 
Latest developments and case law have been included in bringing out this new edition of the book.
 Chapter outline:
  • System of Private Caveats
  • Removal of Private Caveats
  • Damages for Wrongful Caveat
  • The Registrar’s Caveats
  • Analogous Procedures
Legal practitioners; judges; court officials; academics.

6 January 2015

Sinopsis Buku Terbaru 5

14. The Constitution of Malaysia 
           Malaysia's constitution was set at the independence of the Federation of Malaya in 1957 along the lines of the Westminster model, embracing federalism and constitutional monarchy. That it has endured is explained in terms of the social contract agreed between the leaders of the three main ethnic groups (malay, chinese, Indian) before Independence. However, increasing ethnic tension erupted in violence in 1969, after which the contract was remade in ways that contradicted the basic assumptions underlying the 1957 Constitution. The outcome was an authoritarian state that implemented affirmative action in an attempt to orchestrate rapid economic development and more equitable distribution. In recent years constitutionalism, as enshrined in the 1957 Constitution but severely challenged during the high-authoritarianism of Prime Minister Tun Dr Mahathir Mohamad's developmental state, has become increasingly relevant once again. However, conflict over religion has replaces ethnicity as a source of discord. This book examines the Malaysia approach to constitutional governance in light of authoritarianism and continuing inter-communal strife, and explains the ways in which a supposedly doomed colonial text has come to be known as 'our constition'.

15. McGregor on Damages
     Widely regarded as the chief authority and the standard work on the law of damages for nearly 150 years,
McGregor on Damages new 19th edition adopts a definition of damages, both simplified and enlarged, brought about by the changes in the law that have come about over the years.

As ruled by The Court of Appeal in Simmons v Castle the best guidance on the heads of non-pecuniary loss recoverable are to be found in McGregor on Damages.

• The impact of the European Directive, implemented in the United Kingdom, on the damages to be awarded in our intellectual property statutory torts is analysed in detail.
• How the revolutionary Peters v East Midlands SHA, with the Court of Appeal holding that an injured person has an absolute right to choose private care over state-funded care, has progressed is documented.
• The virtual disappearance of Smith v Manchester awards on account of the new discounting criteria for contingencies of life in the Ogden Tables.
• Omak Maritime v Mamola Shipping and Grange v Quinn have cast new light on a contracting party’s right to claim for wasted expenditure, and the significance of the controversial Cullinane case is fully re-addressed.

NEW CHAPTERSThere are five new chapters, either new or by division of existing chapters including:
• The Object Of An Award Of Compensatory Damages
• Terminology used in Compensatory Damages Awards
• Vindicatory Damages - pushed into the limelight by the six to three decision of the Supreme Court in Lumba v Secretary of State for the Home Department.
• Misfeasance In Public Office
• Invasion of Privacy
A primary reference tool on the general principles and the particular aspects of common law damages written by Harvey McGregor QC, an acknowledged authority for over 50 years, the book:

• Provide comprehensive coverage of the law of damages, from detailed consideration of the general principles to specific heads of damages
• Clarify complex areas such as loss of a chance, mitigation, causation and exemplary damages
• Examine such issues as periodical payments and interest on damages
• Go through statement of case, the trial and appeals
• Consider damages in relation to particular contracts, tort and human rights:
• Contracts 
-Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Lease of Land. Sale of Shares and Loan of Stock, Contracts to Pay or to Lend Money, Building Contracts, Contracts for Carriage, Contracts of Employment, Contracts for Professional and Other Services, Contracts Concerning Principal and Agent. Contracts of Warranty of Authority by Agent
• Tort
-Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy and Misfeasance in Public Office
• Human Rights

4 January 2015

Sinopsis Buku Terbaru 4

11. Gatley on Libel and Slander 12th ed

  • Provides an authoritative and comprehensive guide to the law of defamation.  The twelfth edition is substantially revised to cover recent case law (domestic, Commonwealth and Strasbourg) and important legislation including the Defamation Act 2013.
  • Includes expert commentary and analysis of substantive defamation law, including discussion of all significant recent English case law
  • States the English law of defamation as it stands prior to the coming into force of the Defamation Act 2013
  • Discusses the Defamation Act 2013 and its impact on English law and practice
  • Offers detailed coverage of the relevant procedure and guidance on practising in defamation law and other related areas of law
    Includes reference to cases from other jurisdictions with commentary on their relevance to English law and procedure, in particular decisions from Australia, New Zealand, Canada and Hong Kong
  • Discusses the jurisprudence of the European Court of Human Rights and the impact of the Human Rights Act 1998 on defamation law and privacy
  • Explains the constituents of related causes of action arising from the publication of statements and images, e.g. misuse of private information, breach of confidence, and harassment, and the defences to such claims, and discusses recent case law on these topics
  • Deals first with substantive law and then with procedure, clearly separated into chapters and sections
  • Sets out key legislation
  • Includes summaries of libel awards in the appendix material
New to the 12th Edition
  • Covers in full the Defamation Act 2013
  • The question of what is ‘defamatory’ has recently received scrutiny in Thornton v Telegraph.
  • Reputation has been authoritatively recognised as an Art 8 ECHR right: Von Hannover v Germany (No.2), Axel Springer v Germany, Karako v Hungary and Re An Application by Guardian News & Media (UKSC)
  • Flood v Times: The last word on Reynolds privilege from the UK Supreme Court.
  • Clift v Slough BC: Important developments in common law qualified privilege where the defendant publisher is a public authority.  Other significant qualified privilege cases are considered, such as Radu v Houston, Cambridge v Makin and Qadir v Associated.
  • Honest comment: Recent authoritative judgments concerning the defence currently known as honest comment – Joseph v Spiller (UKSC), BCA v Singh (CA), Lait v Associated (CA), Waterson v Lloyd (CA) – are analysed.
  • Jameel v Dow Jones abuse: the growing corpus of Jameel-based jurisprudence is considered, including the CA cases of Khader v Aziz, Lait v Associated, Sullivan v Bristol Film Studios, and Cammish v Hughes.
  • Bou Malhab c. Diffusion Métromédia CMR Inc; a Canadian Supreme Court decision on the principles to be applied to group libels
  • Rothschild v Associated and Ashcroft v Foley: two important decisions of the Court of Appeal on the defence of justification
  • Tamiz v Google: the first Court of Appeal decision on ISP liability in defamation and Crookes v Newton: the first definitive answer in the common law world to the question of whether hyperlinking to defamatory material constitutes publication
  • Damages, including offer of amends cases: Cairns v Modi on damages for defamatory tweeting, Baturina v Times; Gur v Avrupa;  KC v MGN; Oriental Daily Publisher v Ming Pao Newspapers 
  • Malicious falsehood: Highly significant recent case law in this parallel tort is reviewed: Ajinomoto v Asda; Thornton v Telegraph; Tesla Motors v BBC; Cruddas v Calvert
  • Misuse of private information: among the new decisions considered in the text are Terry v Persons Unknown, Hutcheson v Popdog, Goodwin v NGN, JIH v NGN, Giggs v NGN, Mosley v UK
  • Though based on English law, Gatley on Libel and Slander continues to track developments in other common law jurisdictions including Australia, New Zealand, Ireland, Canada and Hong Kong.
  • Updated by a distinguished author team which now includes the addition of Professor Alastair Mullis and Dr Andrew Scott

12. Law and Ethics Relating to Medical Profession

Medical Law is a new and expanding field, which offers considerable scope for interdisciplinary study and collaboration. The responsibilities of those providing health care and the expectations of those providing health care and the expectation of those receiving it area draws on a wide range of existing legal subjects such as tort law, criminal law, family law and contract law. There is an increased interest among those involved in the medical field to know about the legal principles applicable to medical practice.
   Law and Ethics Relating To Medical Profession explains the principles of law and ethics governing medical issues such as consent to medical treatment, confidentiality, medical negligence, euthanasia, assisted reproduction, abortion, sterilization and metal health. The Book is designed not only to provide readers with a thorough knowledge of the substantive medical law but also to enable readers to apply legal and ethical concepts to specific situations that relate to medical practice.
  The author, Dr. Puteri Nemie Jahn Kassim, who holds a Ph.D. in Law, is an Associate Professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia.

13.Whistleblower Protection Law: Cases and Commentary

Whistleblower Protection laws have been enacted globally to protect employees of either government agencies or private corporations, who report to the public or those in authority regarding mismanagement, corruption, illegality or any wrongdoing within their place of employment. In the past, employees who act as whistleblowers are often subject to retaliation by their employers, hence the need for Whistleblower Protection laws.

This book begins with an overview on the history and objective of Whistleblower Protection laws, before providing a commentary on the Whistleblower Protection Act 2010 in Malaysia. Several chapters cover in detail the administration, disclosure of improper conduct as well as the enforcement of the Act. Besides the commentary on Whistleblower Protection laws in the United States, United Kingdom and other Commonwealth countries, the case studies covered in the book provide invaluable insight on the application of Whistleblower Protection laws. Readers would find the chapter on the Syariah view of Whistleblower Protection laws as an interesting perspective on this area of law. The book ends with a chapter on recommendations on drafting Whistleblower Protection policies.

This book provides an interesting discussion on the phenomena of Whistleblower Protection laws in Malaysia and around the world.

1 January 2015

Sinopsis Buku Terbaru 3

7. Alman Criminal Law in Malaysia 

Alman: Criminal Law in Malaysia is an updated and revised translation of the Bahasa Malaysia version, which was first published in 2008. It contains many important and selected topics in criminal law, among others, the Concept of Criminal Liability, Offences Relating to Homicide, Murder, Rape, Incest and Others. All these topics have been critically analysed from the perspective of the prosecution and defence. Comprehensive and complete discussion of the cases together with the newly decided cases have been added in all chapters. A special chapter which focuses on the offence of waging war against the Yamg di-Pertuan Agong has been included in this edition. This book authored by Dato' Hj. Mohamad Shariff bin Hj. Abu Samah and Datin Hjh. Asidah binti Hj. Mohd Ali, who have been practising law for many years.

8.Smith And Hogan's Criminal Law

Smith & Hogan: Criminal Law is regarded as the leading doctrinal textbook on criminal law in England and Wales and has been for over 45 years. The book owes its consistent popularity to its accessible style, depth of analysis and breadth of coverage. It is an invaluable text for undergraduates and is an essential reference source for criminal law practitioners.
The thirteenth edition has been completely updated in order to include all legislative and case law developments. Changes brought about through the Coroners and Justice Act 2009 and the Policing and Crime Act 2009 have been fully incorporated. There is, as ever, detailed analysis of the many recent case developments, in particular, a revision of the chapter dealing with secondary liability and joint enterprise.
Online Updates
Smith and Hogan Criminal Law is accompanied by free comprehensive on-line annual case updates, organized by chapter, with increased navigational functionality. Also included is a full bibliography arranged alphabetically and by chapter

9. Dangerous Drugs Law

This publication is a one-stop reference tool for legislation that govern the tough anti-drug laws in Malaysia. The LexisNexis Annotated Statute Series: Dangerous Drugs Law is designed for anti-narcotics enforcement officers, lawyers, prosecutors and the judiciary. The Acts that are presented in full are:

- Dangerous Drugs Act 1952- Dangerous Drugs (Forfeiture of Property) Act 1988- Dangerous Drugs (Special Preventive Measures) Act 1985
-The relevant subsidiary legislation that are set out in this book, are:
- Dangerous Drugs Regulations 1952- Private Rehabilitation Centre Rules 1981- Dangerous Drugs (Drug Rehabilitation Centre) Rules (Prisons Department Malaysia) 1983- Dangerous Drugs (Forms) Regulations 2001- Dangerous Drugs (Forfeiture of Property) (Forms) Regulations 1989- Dangerous Drugs (Special Preventive Measures) (Advisory Board Procedure) Rules 1987
Key features- Every section of the Main Acts are followed by comprehensive annotations that offer lucid explanation of those sections- The annotations make references to relevant case law and foreign jurisdiction- History notes of past amendments according to the chronology of the amendments
Key Cases- Airiy Azmi bin Mohamed v Public Prosecutor [2013] 2 MLJ 260- Abdulloh Saofi v Public Prosecutor [2013] 2 MLJ 640, CA- Afendi bin Adam lwn Pendakwa Raya [2012] 6 MLJ 758, CA- Sathiamoorthy a/l Ramakareshina v Public Prosecutor [2013] 2 MLJ 811- Isidro Leonardo Quito Cruz v Public Prosecutor [2013] 2 MLJ 1, FC- Ong Lock Soon v Public Prosecutor [2012] 2 MLJ 641, CA- Agus bin Agil v Public Prosecutor [2011] 4 MLJ 442- Koh Tiong Hock v Public Prosecutor [2011] 4 MLJ 40, CA.- Haron bin Mukri v Public Prosecutor [2011] 6 MLJ 368, CA- Public Prosecutor v Tukiman bin Demin [2008] 4 MLJ 79- Public Prosecutor v Karim bin AB Jafar [2008] 3 MLJ 685- Public Prosecutor v Dato' Balwant Singh (No 1) [2002] 4 MLJ 42- Public Prosecutor v Hairul Din bin Zainal Abidin- Steven Phoa Cheng Loon & Ors v Highland Properties Sdn Bhd & Ors [2000] 4 MLJ 200

10. Mooting And Advocacy Skills 2nd ed.

David Pope, Barrister and Director Advocacy, SNR Denton, London Dan Hill, Solicitor, Head of Dispute Resolution and Associate Professor, The College of Law, London
Mooting And Advocacy Skills is an essential work for all those particpating in and organising mooting competitions and curricular moots, It will also assist newly-qualified lawyers preparing for their first court appearances.

  • covers all aspects of mooting from constructing persuasive arguments to answering questions from the judge.
  • Describe the key skills of advocacy step-by-step
  • Demonstrates advocacy skills using an illustrative moot problem and numerous worked examples 
  •  Contains 10 original moot problems covering six core subjects on the legal curriculum
  • Written by lawyers with extensive experience of both mooting and advocacy in professional practice
  • First edition praised by reviewers as "excellent","ideal" and "highly recommended"