Neil Andrews Livres

This second edition offers a concise and updated overview of contract law, covering all essential topics in the curriculum. It aims to provide clarity and accessibility for students, making complex concepts easier to understand. The streamlined approach ensures that readers can grasp the fundamental principles of contract law effectively.

Focusing on the English system of civil litigation, this book provides American lawyers with an insightful overview of court proceedings in England and Wales. It covers key aspects of English Civil Procedure, including essential institutions such as mediation and arbitration, making it a valuable resource for understanding the differences and similarities between the two legal systems.

This book deals with the contractual platform for arbitration and the application of contractual norms to the parties' dispute. Arbitration and agreement are inter-linked in three respects: (i) the agreement to arbitrate is itself a contract; (ii) there is scope (subject to clear consensual exclusion) in England for monitoring the arbitral tribunal's fidelity and accuracy in applying substantive English contract law; (iii) the subject-matter of the arbitration is nearly always a ‘contractual’ matter. These three elements underlie this work. They appear as Part I (arbitration is founded on agreement), Part II (monitoring accuracy), Part III (synopsis of the English contractual rules frequently encountered within arbitration). The book will be a useful resource to foreign lawyers or English non-lawyers, English lawyers seeking a succinct discussion, and to arbitral tribunals.

Neil Andrews presents the first comprehensive examination of the English system of civil justice, embracing not only court proceedings but mediation and arbitration. He provides an up-to-date account of recent changes within the English system of civil justice writing in a succinct and accessible style. He explains the main institutions of civil litigation before the English courts, but notes the limitations and problems of court litigation, despite reforms to this formal and public system of adjudication. Many business and consumer disputes are now resolved by settlement negotiations, notably by resort to mediation. There has also been a resurgence of interest in arbitration. Neil Andrews' quest for more satisfactory means of handling disputes is driven by various factors: the high cost of formal litigation; disputants' preference for confidentiality, control, speediness, and flexibility of outcome and Government's interest in economy. Furthermore, he states that English courts are keen to encourage resort to alternative forms of civil justice, notably mediation. Legal advisors, not just in England, are now familiar with the possibility that a dispute might proceed through various 'tiers': settlement discussions, mediated discussion, arbitration or court proceedings. These developments are part of a modern trend in many Western legal systems to reduce the problem of excessive and expensive resort to court proceedings.