bluuebunny/crossref_metadata_2025 huggingface dataset:
4. International Sources of Law
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on the European Union and the Treaty on the Functioning of the European Union. Disputes are adjudicated by the Court of Justice of the European Union. Whilst the UK has recently voted to leave the EU, it will not do so for at least two years, meaning EU law will remain part of UK law. The United Kingdom is also a member of the Council of Europe, which has issued a number of international Conventions that impact the English Legal System.
7. The Structure of the Tribunals
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter examines the jurisdiction and structure of tribunals. It then considers two very different tribunals through the use of case studies, namely the Employment Tribunals and the Investigatory Powers Tribunal. Tribunals have existed for many years but have traditionally operated as an oversight system for administrative issues. In recent years, the number of tribunals has increased and their work has begun to involve more complicated legal questions. Tribunals are now, in essence, a parallel system of dispute resolution and their complexity is recognized by the fact that their presiding officers now bear the title of ‘judge’. This chapter examines this parallel judicial system and identifies similarities between and differences from court justice.
9. Judicial Independence
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter considers the fundamental constitutional principle of judges being independent. Securing the independence of the judiciary is difficult and involves not only separation from the legislature and executive, but also from each other and the media. Issues of judicial ethics and restrictions on practice are also discussed.
17. Civil Litigation
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter considers the conduct of civil litigation. It discusses how civil litigation is more managed than criminal litigation and the courts seek to assist litigants in finding a compromise. The civil courts have extensive powers over costs and they use this to ensure compliance with their rulings and also to encourage early settlement, reducing the need for litigation. The chapter examines three types of civil litigation: cases relating to the small claims track (‘small claims court’), judicial review, and private family-law disputes.
18. Remedies and Appeals
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.
19. Alternative Dispute Resolution
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter considers alternative dispute resolutions (ADR), which are ways that a dispute can be settled outside of the court process. The chapter considers the growth of ADR and how the courts now require litigants to consider ADR before commencing legal action. The courts have wide powers to encourage ADR and this chapter considers these powers and why the courts try to encourage ADR. The key forms of ADR are then presented, together with an analysis of their strengths and weaknesses.
Legal Systems & Skills
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

Legal Systems & Skills provides essential knowledge and skills for underpinning legal studies, providing a foundation for graduate employability both within and outside the legal service profession. It develops students’ understanding in three core areas: legal systems, legal skills, and professional development and commercial awareness. The first part of the book looks at legal systems, sources of law, legislation, case law, and legal services. The next part considers how to read and understand law, legal research, problem solving, communication, and writing and drafting. The final part examines employability skills, business, economics and finance, law firms, and clients.
1. Introduction to law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter considers law as a concept and in its context. It examines key legal concepts such as law and morality, jurisprudence, the legitimacy of laws, the rule of law, and the separation of powers, looking at these in both theory and practice. It includes consideration of the virtue, duty, and consequentialist ethical theories, and legal theories including natural law, legal positivism, realism, and critical legal studies.
5. Case law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter first discusses the fundamental distinctions between common law and civil law. It then examines the operation of the doctrine of precedent, and considers the arguments for and against the roles of judges and legislators in making law.
6. Legal services
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter examines the development of the legal profession in the UK. It discusses lawyers as professionals; the importance of legal services and their regulation; the legal profession in England and Wales; the role of ethics in lawyers’ work and the changing face of the legal profession within society.
7. Reading and understanding law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter describes techniques for reading and understanding law, discussing the practicalities of reading; sources of law; statutes; statutory instruments; case law; and EU law.
2. The emergence of data protection
Authors: Lloyd Ian J.
Published: August 2017

This chapter traces the historical development of data protection legislation at both an international level and in the specific context of the UK. Topics covered include the data protection initiatives of the Council of Europe, the Organisation for Economic Cooperation and Development (OECD), the UN, and the Asia-Pacific Privacy Charter initiative; the development of data protection in the UK; and the European Data Protection Directive and the Data Protection Act 1998.
7. Sectoral aspects of data protection
Authors: Lloyd Ian J.
Published: August 2017

This chapter considers the application of data protection principles within the media and electronic communications sectors. In both areas, the operation of data protection principles has been contentious. Data protection issues are principally concerned with the application of what might be regarded as ‘traditional’ data protection principles in the context of activities where different priorities might legitimately be identified. In some respects, media processing might be compared with law enforcement agencies. Digging out the truth about the unsavoury activities of powerful elements in society might well require the use of tactics and techniques that would be regarded as unfair in more general contexts.
8. Transborder data flows
Authors: Lloyd Ian J.
Published: August 2017

This chapter focuses on the regulation of transborder data flows. It discusses procedures for determining adequacy; the conflict that arose between Europe and the United States in 2006 involving the activity of the Society for Worldwide Interbank Financial Telecommunications (SWIFT); the handling of airline passenger data; and transfers when an adequate level of protection is not provided.
10. Substantive criminal law provisions
Authors: Lloyd Ian J.
Published: August 2017

This chapter examines the provisions of the Council of Europe’s Convention on Cybercrime to determine the major headings under which computer-related conduct might be prosecuted and to analyse the effectiveness of UK legislation in the field. The focus is on offences against the confidentiality, integrity, and availability of computer data and systems, which essentially refers to computer hacking and to attempts to impair the operation of computer systems through interception of communications, the promulgation of viruses, or the launching of denial of service attacks.
13. Detecting and prosecuting computer crime
Authors: Lloyd Ian J.
Published: August 2017

This chapter discusses the detection and prosecution of computer crime. It covers the law on intercepting content and communications data; the extent to which computer evidence might be admitted in criminal cases; jurisdictional issues, that is, the perpetrator of the conduct and the victim computer may be located within different jurisdictions; and extradition.
15. Patents
Authors: Lloyd Ian J.
Published: August 2017

This chapter focuses upon the somewhat complex manner in which the patent system has operated in respect of so-called software-related inventions. Topics discussed include the Patents Act 1977 and the European Patent Convention; the development of software patent jurisprudence; and the mobile phone patent wars.
20. Trade mark and domain-name issues
Authors: Lloyd Ian J.
Published: August 2017

This chapter focuses on trade mark protection in the United Kingdom. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.
21. Internet regulation and domain names
Authors: Lloyd Ian J.
Published: August 2017

Internet access is dependent on two major factors: Internet (generally referred to as IP) addresses, which are a functional equivalent to telephone numbers, and domain names. The former element raises a number of technical issues but is generally non-contentious. Systems of domain names—which effectively serve as an alias for IP numbers—are much more controversial and raise major issues how the Internet should be regulated. This chapter begins with a discussion of the emergence of Internet regulation. It then turns to domain names and the regulation of the domain-name system.
6. Preparing for and implementing exchange of contracts
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter first considers matters that must be attended to before an exchange of contracts when acting for the buyer and when acting for the seller. It then discusses implementing the exchange of contracts; actions taken after exchange; and death or insolvency of contracting parties between exchange and completion.
9. Post-completion procedures: delays and remedies
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter considers two areas that provide practitioners with some of the more challenging parts of the conveyancing process: first, post-completion procedures; and, second, dealing with delays and seeking appropriate remedies. Practitioners must deal with time limits, with ‘what if’ scenarios, and with the mechanics of stamping and registration. In particular, delays affecting conveyancing contracts, and the consequential remedies available, are a fertile source for conflict between conveyancing practitioners.
11. New properties
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter deals with the special areas of concern for practitioners who are required to deal with the sale or purchase of new residential properties, either recently constructed or in the course of construction. It looks at the roles of the practitioners acting for the developer and prospective buyer respectively. It also considers the arrangements for roads and sewers on a new estate and the importance of insurance against structural defects in new properties.
12. Commercial conveyancing
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter focuses on commercial conveyancing, which involves the granting and renewal of business (or commercial) leases as well as the buying and selling of properties that are let to business occupants. It first considers revenue matters then turns to the key commercial area that most conveyancers will encounter in practice, the review of the contents of a commercial lease. The final section is devoted to the particular requirements a practitioner must bear in mind when acting for a client who is selling or buying a tenanted property. It also considers the Standard Commercial Property Conditions (SCPC) being commercial specific standard contractual terms.
13. Business tenancies and the Landlord and Tenant Act 1954, Part II
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter considers the provisions of the Landlord and Tenant Act 1954, Part II, which regulates the ways in which business tenancies may be terminated and gives statutory protection to business tenants. Topics discussed include agreements to which the 1954 Act applies; requirement for ‘tenancy’ tenancies excluded from statutory protection; requirement for ‘occupation’ methods of termination under the 1954 Act; Section 40 notices; rules for service of notices; interim rent applications; landlord’s statutory grounds of opposition; tenant’s right to compensation for failure to obtain a new tenancy; and court order for new tenancy.
A Practical Approach to Civil Procedure
Authors: Sime Stuart
Published: August 2017

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 4) Rules 2014 and the 71st Update. Changes incorporated into the new edition include the replacement of county courts based on districts with a single County Court; the modernization of the rules relating to enforcing judgments against goods; fixed costs in most fast track personal injury claims; changes to the rules on costs budgeting; and the post-Jackson approach to non-compliance with court orders and directions encapsulated in the landmark case of Mitchell v News Group Newspapers.
1. Introduction
Authors: Sime Stuart
Published: August 2017

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.
3. The Civil Courts
Authors: Sime Stuart
Published: August 2017

This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.
5. Pre-action protocols
Authors: Sime Stuart
Published: August 2017

This chapter discusses the pre-action protocols, which provide guidance on the exchange of information and evidence before proceedings are commenced. It covers the 13 pre-action protocols established by the Ministry of Justice; cases not covered by pre-action protocols; professional negligence pre-action protocol; personal injury protocol; different approaches to the appointment of experts; sanctions for non-compliance with protocols; the Road Traffic Act 1988; agreements with the Motor Insurers’ Bureau; and pre-action Part 36 offers.
6. Issuing and serving
Authors: Sime Stuart
Published: August 2017

Civil proceedings commence with the issuance of a claim form. Issuing a claim involves the court sealing the claim form with its official seal. This chapter discusses issuing and serving proceedings. It covers the claim form; jurisdictional endorsements; particulars of claim; specialist claims; issuing a claim form; service of the claim form; deemed date of service of the claim form; service of documents other than a claim form; deemed date of service (non-claim form documents); certificate of service; irregular service; and filing of documents at court.
8. Part 8 claims and petitions
Authors: Sime Stuart
Published: August 2017

This chapter discusses Part 8 claims and petitions, which are forms of originating process. Most types of proceedings which have to be brought by either Part 8 claim form or petition are very narrow and specialized, but some are of great importance. The most important types of proceedings which must be commenced by petition are those for divorce, judicial separation, bankruptcy, and the winding-up of companies.
9. Personal injury claims under £25,000
Authors: Sime Stuart
Published: August 2017

Out of the estimated 950,000 personal injuries claims each year in the UK, about 750,000 cases arise from road traffic accidents (RTAs), 90,000 are employers’ liability cases (EL), and 100,000 are public liability cases (PL). About 90% of these are cases where the damages are estimated at between £1,000 and £25,000. This chapter discusses cases covered by the RTA and EL/PL protocols; the provisions of the RTA protocol; the process under the RTA protocol: claim notification, medical evidence and negotiation, and Part 8 claim to determine quantum; child settlement applications; fixed costs under the RTA and EL/PL protocols; and cases where parties can stop following the RTA or EL/PL protocols.
10. Alternative dispute resolution
Authors: Sime Stuart
Published: August 2017

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.
14. Statements of case
Authors: Sime Stuart
Published: August 2017

Statements of case are formal documents used in litigation to define what each party says about the case. This chapter discusses forms of statements of case; particulars of claim defence; counterclaims and set-offs; reply and defence to counterclaim; subsequent statements of case; dispensing with statements of case; Scott schedules; interrelation with case management; and use of statements of case at trial.
21. Limitation
Authors: Sime Stuart
Published: August 2017

This chapter discusses the rules on limitation. The expiry of a limitation period provides a defendant with a complete defence to a claim. Limitation is a procedural defence. It will not be taken by the court of its own motion, but must be specifically set out in the defence. Limitation runs from accrual, which is when all the necessary elements for the cause of action are in existence. Technically, time runs from the day after the accident or breach, and stops running when the claim is brought. This is when the claimant has done everything they can to issue the claim form. Time does not run if the claimant is under disability, and in cases of fraud, mistake, and concealment. In personal injury and latent damage claims time will not start running until the claimant has the requisite ‘knowledge’.
24. Summary judgment
Authors: Sime Stuart
Published: August 2017

Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.
25. Interim payments
Authors: Sime Stuart
Published: August 2017

This chapter discusses the rules on interim payments. An order for interim payment is an order for payment of a sum of money by a defendant on account of any damages, debt, or other sum which the court may hold the defendant liable to pay. Such orders are likely to be made in claims where it appears that the claimant will achieve at least some success, and where it would be unjust to delay, until after the trial, payment of the money to which the claimant appears to be entitled. The amount ordered must not exceed a reasonable proportion of the likely final award taking into account any counterclaim and contributory negligence.
32. Witness statements, affidavits, and Depositions
Authors: Sime Stuart
Published: August 2017

This chapter discusses the rules relating to the use of written evidence in civil proceedings. Under the Civil Procedure Rules 1998 (CPR), evidence given in civil trials is given primarily from the witness box, but with witness statements exchanged well before trial standing as the evidence-in-chief of the witnesses. The parties are required to exchange their witnesses’ statements in order to save time and costs at trial, and to enable the parties to evaluate the merits of their dispute with a view to settlement. Written evidence in support of interim applications can be given by a variety of different methods, but the principal means is by way of signed witness statements.
36. Offers to settle
Authors: Sime Stuart
Published: August 2017

Part 36 of the Civil Procedure Rules 1998 (CPR) provides a means for a party to make a formal offer in settlement of the claim which will be treated as without prejudice for the purposes of liability and remedies, but which can be disclosed to the court on the question of costs. This chapter discusses offers to settle before the commencement of proceedings; making a Part 36 offer; acceptance of a Part 36 offer; rejections, counter-offers, and subsequent offers; withdrawal and amendment of Part 36 offers; failing to obtain judgment more advantageous than a Part 36 offer; advising on Part 36 offers; non-disclosure to judge; and Part 36 offers in appeals.
39. Trial
Authors: Sime Stuart
Published: August 2017

This chapter discusses the issues that need to be addressed in the period leading up to a trial. These include contacting witnesses to ensure their availability; obtaining witness summonses where appropriate; briefing trial counsel; agreeing and compiling trial bundles; and counsel preparing speeches, examination-in-chief, and cross-examination of witnesses.
42. Interim injunctions
Authors: Sime Stuart
Published: August 2017

This chapter discusses the rules on interim injunctions. Interim injunctions are temporary orders made with the purpose of regulating the position between the parties to an action pending trial. Such an order is particularly useful where there is evidence that the respondent’s alleged wrongdoing will cause irreparable damage to the applicant’s interests in the period between issue of process and trial. The chapter covers judges able to grant injunctions; pre-action applications for interim injunctions; applications during proceedings; principles for the granting of interim injunctions; defences and bars to relief that may be raised on an application for an interim injunction; interim injunction orders; and effect of not applying for interim relief.
49. Judicial review
Authors: Sime Stuart
Published: August 2017

This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
2. Important principles of land law
Authors: Abbey Robert , Richards Mark
Published: August 2017

Land Law is an important foundation for the study of Property Law and Practice (PLP). This chapter summarizes the fundamental principles of land law. It covers estates and interests in land; trusts and co-ownership; easements; freehold covenants; leases; mortgages; and third party rights, overriding interests, and the register and classes of title.
5. The draft contract
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter considers issues relating to the drafting the contract for the seller. These include occupiers and tenancies; seller’s duty of disclosure; formalities; contents of the contract; deposit; completion; title guarantee; indemnity covenants; sales of part; option agreements; and conditional contracts.
7. Town and country planning
Authors: Abbey Robert , Richards Mark
Published: August 2017

Town and country planning legislation aims to control the development of land and buildings. Section 57(1) of the Town and Country Planning Act 1990 stipulates that ‘planning permission is required for the carrying out of any development of land’. This chapter first discusses the two main elements of town and country planning: (1) obtaining planning permission for new developments; and (2) the change of use of existing properties. It then explains breaches of planning control and enforcement; building regulations; and typical planning enquiries. A town and country planning decision tree is also presented.
9. Mortgages
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter deals with important issues arising in relation to a mortgage taken out by a client to assist in financing the purchase of a property. It looks at the most popular types of mortgage, the impact of the Financial Services and Markets Act 2000, and other matters, including important professional conduct issues. It also considers mortgages of leasehold property and mortgages of commercial property.
10. Exchange of contracts
Authors: Abbey Robert , Richards Mark
Published: August 2017

Exchange of contracts is the most critical stage in the conveyancing process as it represents the point at which the parties become legally bound to proceed. This chapter examines pre-exchange matters; the process by which contracts are actually exchanged; and matters that should be attended to immediately after exchange has taken place. It also considers the risk and responsibility for buildings insurance, and the consequences of the buyer occupying the property before completion.
15. Delays and remedies
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter considers what can be done if a conveyancing contract is delayed or denied. A practitioner must be able to advise a client when a transaction goes wrong and remedies are sought to correct that wrong. The discussions cover late completion; conditions when time is of the essence for a conveyancing contract; consequences of delay; notices to complete; and remedies.
1. Introduction
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

This introductory chapter explains the philosophy of the book and its pedagogical features; assists in broadening research skills and knowledge; introduces the Civil Procedure Rules (CPR); and highlights professional conduct considerations and how they are dealt with in this book.
4. The nature, extent, and recovery of legal costs
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

This chapter focuses on the control and recovery of costs including: the discretionary nature of costs awards; the general principle that the loser pays; how the court controls costs incurred; the basis upon which costs orders are made; the aspects of a legal representative’s work that are recoverable and how they are formulated; and the different types of costs order. Lord Jackson’s Review is also considered throughout the chapter to help identify the changes in place since 1 April 2013 regarding the amount and recovery of costs in civil litigation and the extent of the potential amendments that may be implemented in the future.
6. The first client meeting and initial considerations
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

Legal representatives who are new to practice are expected initially to assist in clients’ cases and ultimately to handle their own files. In every new matter for every client, their professional conduct duties, particularly client care issues, should be at the forefront of their mind as a legal representative before proceeding to undertake any work for the client. This chapter focuses on professional conduct issues; client care; money laundering requirements; the first meeting with the client; and initial investigations. Updated coverage includes details of the Consumer Contracts Regulations 2013 and a range of applicable examples.
8. Pre-action protocols
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

This chapter considers Protocol practice in general, the aims of Protocol, the basic content of all Protocols, and the Practice Direction on Pre-Action Conduct (PDPAC). It looks at the consequences of non-compliance with Protocol or the PDPAC; the occasions on which it may be appropriate to issue proceedings without complying with Protocol practice; and some pre-action applications that may be made under the Civil Procedure Rules (CPR). It also provides a more detailed look at two Pre-Action Protocols — the Personal Injury (PI) Protocol and the Construction and Engineering Protocol.
9. Starting your court action and serving it on the defendant
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

This chapter deals with the procedural steps, considerations, and issues that need to be addressed when commencing proceedings. These include the ‘tracks’ created by the Civil Procedure Rules (the small claims track, the fast track, and the multi-track); the documents needed to issue proceedings; parties and joinder; and service provisions.
16. Disclosure and inspection
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

This chapter considers the definition of ‘disclosure’, its purpose, its extent, and the process whereby it is implemented. It also looks at other types of disclosure and the times at which such disclosure may take place — some of which may be before litigation has been commenced. The formal provisions for disclosure are contained in the Civil Procedure Rules (CPR) 31 and the accompanying Practice Direction (PD). The formal disclosure rules apply to cases in the fast track and the multi-track. They do not automatically apply to the small claims track.
17. Witness statements and documentary evidence
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative must therefore understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, as well as the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.
19. Trial, settlement, and appeals
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

Although a large percentage of civil cases are settled well in advance of trial, it remains important for legal representatives look to the possibility of running a case to trial. This chapter focuses on fast-track and multi-track cases that proceed to trial; professional conduct issues; procedural and administrative preparation for trial; the day of the trial; judgment and appeals; and settlement without trial.
5. Income tax
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

Income tax is an essential part of a lawyer’s knowledge and professional training. Whilst it is not necessary to have knowledge to the extent that a specialist tax lawyer would have, it is necessary to have knowledge and understanding sufficient to recognise its implications as they arise and affect the client and ourselves. This chapter discusses sources of income tax law; collection and payment of income tax; rates of income tax and allowances; calculation of income tax; sources of taxable income; and charitable giving. This chapter covers all the changes introduced by the 2015 Budget.
7. Inheritance tax
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

This chapter deals with inheritance tax (IHT). It explains the charge to IHT; potentially exempt transfers (PETs); the transfer of value on death; the occasions to tax; the charge to tax and a lifetime chargeable transfer (LCT); the charge to tax and a LCT where the transferor dies within seven years of the LCT; the charge to tax and a PET; the charge to tax and death; gifts subject to a reservation; liability, burden, and payment of tax; and tax planning.
10. Taxation of sole proprietors and partnerships
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

Sole traders and partners are liable to pay income tax on their income in accordance with the Income Tax (Trading and Other Income) Act 2005 (ITTOIA). This chapter discusses income tax liability of sole traders and partners; calculating the trading profits; capital gains and capital losses; trading losses; basis of assessment; capital allowances; and changes in a partnership.
12. Introduction to wills and administration of estates
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

This chapter provides an overview of Chapters 13 to 15. When a person dies, their relatives or friends usually deal with the most pressing matters—registering the death and arranging the funeral—before consulting a solicitor. In simple cases, or where the deceased has left little property, it may well be that a solicitor is not consulted at all. Commonly, however, the advice of a solicitor will be sought as to who is entitled to the deceased ‘sproperty, as to the liability of the estate to tax, and generally as to’ what has to be done’ in order to pass the deceased’s property to those now entitled to it.
14. Application for a grant of representation
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

This chapter discusses the law and procedure relating to the issue of a grant of representation to the personal representatives of someone who has died. It considers the nature, effect, and the principal types of grant; the position of the personal representatives; the responsibilities of solicitors instructed to act in the administration of an estate; obtaining the grant; the court’s requirements; oaths for executors, for administrators with will annexed and for administrators; HM Revenue & Customs (HMRC) requirements; excepted estates; Form IHT 400 and its Schedules; and the calculation of inheritance tax (IHT).
8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant.
10. The Law and Practice Relating to Court Bail
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter explains the practice and procedure of court bail. It examines the grounds upon which bail might be refused; the factors a court can have regard to when deciding whether bail should be granted; the procedure at a contested bail application; appeals against bail decisions; and bail and Article 5 of the European Convention on Human Rights 1950 (ECHR 1950).
13. Crown Court Proceedings Pre-Trial
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter deals with pre-trial practices and procedures of indictable-only offences. It covers sending indictable-only cases to the Crown Court under s. 51 Crime and Disorder Act 1998 (CDA 1998); preparing for the preliminary hearing in the Crown Court; preparing for trial on indictment; pre-trial disclosure issues and defence statements; instructing counsel; and pre-trial hearings including the Plea and Case Management Hearing (PCMH).
16. Witness Evidence
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter explains the law, procedure, and the practical issues associated with witness evidence. It considers the circumstances in which a witness can refresh his memory from an earlier written statement; the test to decide a witness’ competence to give evidence; the compellability of a witness; the assistance available to ‘vulnerable’ or ‘intimidated’ witnesses to give evidence under a special measures direction; a witness taking the oath or affirming; the rules associated with examination-in-chief; and the rules associated with cross-examination and re-examination.
18. Hearsay Evidence
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.
25. Prosecuting Young Offenders
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

Where a prosecution is commenced against a child aged 10 to 13 years or against a young person aged 14 to 17 years, the general rule is that he will be tried and sentenced in the youth court. The youth court adopts more informal and less adversarial procedures to deal with the needs and vulnerabilities of young defendants. However, there are exceptional situations where they will be tried in the Crown Court or in the adult magistrates’ court. This chapter discusses the rules for deciding where a young person is to be tried; the rules for trying a young person in the Crown Court; the rules for trying a young person in the adult magistrates’ court; the young defendant’s right to court bail; and the procedure in the youth court.
Business Law 2017-2018
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

Business Law provides practical, up-to-date coverage of company, partnership, taxation, and insolvency law, plus all relevant aspects of EU law. The title provides all of the relevant material needed to understand the latest legal developments affecting business law transactions. Coverage of the Companies Act 2006 is fully integrated and given prominence, mirroring the emphasis that business law courses place on this central piece of legislation. Additional emphasis has been placed on taxation and business accounts. Examples are used throughout the volume which helps readers to contextualise their learning effectively. Updated statutory references allow for the cross-referencing to appropriate primary sources, and the interpretation of such sources. The volume looks at partnerships, companies, taxation, insolvency, and other topics such as choice of business medium, limited liability partnerships, sale of a business, and shareholder agreements.
3. Liability of partners to outsiders
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

Partners will incur debts and other obligations in the course of carrying on the partnership’s business. This chapter examines the nature of the partners’ liabilities in these circumstances and the extent to which an individual partner can bind the partnership as a whole. It then considers whether it is possible for individuals who are not partners at the time the debt or obligation was incurred to be liable for that debt or obligation.
4. Partnership disputes
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

A decision of the majority of the partners on an ‘ordinary matter’ is binding on the minority. The wishes of the majority prevail over those of the minority who object. However, partnership law provides some machinery for protecting the partner who is aggrieved by what the other partners have done. This chapter considers the remedies available to a partner. These include dissolution of the partnership, appointment of a receiver, arbitration, and expulsion of the partner.
14. The articles of a private company
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter considers some of the major issues which the articles of association of a private company are likely to address and the way in which the articles of a company can be altered and any restrictions thereto. It covers provisions concerning shares and membership; provisions concerning meetings of shareholders; provisions concerning directors; single member companies; and alteration of articles.
19. Taxation of directors’ fees and employees’ salaries
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter considers the taxation treatment of salaries, from the perspectives of both employer and employee. An employer will wish to ensure that any remuneration or reward paid to its employees will entitle it to claim a pre-tax deduction and reduce its taxable profits. The system for taxation of employees’ income is contained in the Income Tax Earnings and Pensions Act (ITEPA) 2003. The taxation of proprietors of a business and IR35 companies are also described.
21. Capital allowances
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter discusses the capital allowances system. Most businesses will need to acquire fixed assets for their operations, nearly all of which will depreciate in value over time due to wear and tear. While this depreciation may not be deducted from the business’s trading profits, certain limited types of fixed asset entitle a business to claim relief in the form of a capital allowance, which can be deducted when calculating taxable profits. The purpose of this allowance is to give tax relief for the depreciation in value of specific assets bought and owned for business use, by allowing the owner to write off their cost against the taxable income of the business. The amount which can be written off is calculated using a fixed formula. Relief is only available if the capital expenditure has been incurred in respect of the items of expenditure prescribed by the Capital Allowances Act 2001.
27. Choice of business medium
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter makes a comparison between companies, on the one hand, and partnerships or sole traders, on the other, in order to explain the various factors which should be taken into account when choosing the two business media. It considers factors such as risk of capital, expense, publicity, taxation, interest relief, capital gains, inheritance tax, pensions and social security Due to the range of variables, the desirability of limited liability means that incorporation may be the only viable option, although this can also be achieved by setting up a limited liability partnership. Where limited liability is not of great importance, the tax factors will be more significant and these would have to be examined from a number of perspectives, including the size of anticipated profits, the particular financial circumstances of the promoters of the business, and any particular expectations they had about their stake in the business.
5. Legal research
Authors: Webb Julian , Maughan Caroline , Maughan Mike , Keppel-Palmer Marcus , Boon Andrew
Published: August 2017

This chapter discusses the skills needed to carry out legal research. It covers understanding the importance of legal research; establishing an overall strategy in undertaking legal research; using primary sources; doing library-based research; analysing the problem; reviewing the subject matter; searching primary and secondary sources; updating the search; using online databases; and reporting the results of research.
6. Practical problem-solving
Authors: Webb Julian , Maughan Caroline , Maughan Mike , Keppel-Palmer Marcus , Boon Andrew
Published: August 2017

This chapter discusses the skills needed for practical problem-solving. It focuses on understanding the importance of a problem-solving strategy for effective practice; using a variety of problem-solving techniques; and developing an effective risk-management strategy for one’s own work.