Judging (Oxford University Press, 2025)
This book is about the work of judging, what judges actually do. Its concern is the reality of everyday judging in civil law matters, occurring from senior courts to those dealing with smaller claims. Part I of the book examines the three fundamental values of judging—independence, impartiality, and integrity—and draws out the implications of these for everyday work. In the course of the discussion a range of matters is considered, including judicial guidance and codes of practice, structural protections for judges, and the behavioural rules for judges both in and away from court. Part II of the book turns to the practice of judging—its legal and policy framework, judgecraft, and judicial decision-making. Matters covered include judicial appointments, work conditions, fact-finding, litigants in person, ex tempore decisions, and what is called practical judging in the interpretation of legislation and precedent. The book explains that the work of the judge extends beyond actual decision-making to cover a range of other matters such as managing cases and, if a leadership judge, managing other judges and judicial systems. It also describes how the caseload pressure on judges has led to routinization, intuitive decision-making, and the reduction of oral hearings with decisions being made ‘on the papers’. It is not a jurisprudential account of what judges do or should do, nor is it concerned with theorizing about judicial decisions. Rather the book draws on judicial experiences and the social sciences to explore the actual work of judges.
Making Commercial Law through Practice 1830–1970 (Cambridge University Press, 2021)
Making Commercial Law Through Practice 1830–1970 adds a new dimension to the history of Britain's commerce, trade manufacturing and financial services, by showing how they have operated in law over the last one hundred and forty years. In the main law and lawyers were not the driving force; regulation was largely absent; and judges tended to accommodate commercial needs, so that market actors were able to shape the law through their practices. Using legal and historical scholarship, the author draws on archival sources previously unexploited for the study of commercial practice and the law's role in it. This book will stimulate parallel research in other subject areas of law. Modern commercial lawyers will learn a great deal about the current law from the story of its evolution, and economic and business historians will see how the world of commerce and trade operated in a legal context.
Principles of Banking Law, 3rd edition (OUP, 2018) (with Emilios Avgouleas, Kristin van Zwieten, Christopher Hare, Theodor van Sante)
Principles of Banking Law (Chinese translation) (2023)
This third edition of the Principles of Banking Law provides a unique and authoritative treatment of both domestic and international banking law. Assembled by a group of expert authors, this new edition contains expanded coverage of developments in the fields of regulation, payment, lending, and capital markets.
How Law Works ( OUP, 2006)
Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary ....
Cranston’s Consumers and the Law, 3rd edition, C. Scott & J. Black (ed) (Butterworths, 2000) (Law in Context Series)
Law, Government and Public Policy (Oxford, 1987)
Legal Foundations of the Welfare State (Weidenfeld & Nicolson, 1985) (Law in Context Series)
Regulating Business (Macmillan, 1979, Oxford Socio-Legal Studies)