bluuebunny/crossref_metadata_2025 huggingface dataset:
Quantitative assessment to the impact of InSAR ionospheric and tropospheric corrections on source parameter modelling: application to the 4th nuclear test, North Korea
Authors: Zhu Meng , Zeng Qiming , Jiao Jian
Published: August 2020

Although many studies have revealed that the atmospheric effects of electromagnetic wave propagation (including ionospheric and tropospheric water vapour) have serious impacts on Interferometric Synthetic Aperture Radar (InSAR) measurement results, atmospheric corrections have not been thoroughly and comprehensively investigated in many well-known cases of InSAR focal mechanism solutions, which means there is no consensus on whether atmospheric effects will affect the InSAR focal mechanism solution. Moreover, there is a lack of quantitative assessment on how much the atmospheric effect affects the InSAR focal mechanism solution. In this paper, we emphasized that it was particularly important to assess the impact of InSAR ionospheric and tropospheric corrections on the underground nuclear explosion modelling quantitatively. Therefore, we investigated the 4th North Korea (NKT-4) underground nuclear test using ALOS-2 liters-band SAR images. Because the process of the underground nuclear explosion was similar to the volcanic magma source activity, we modelled the ground displacement using the Mogi model. Both the ionospheric and tropospheric phase delays in the interferograms were investigated. Furthermore, we studied how the ionosphere and troposphere phase delays could bias the estimation of Mogi source parameters. The following conclusions were drawn from our case study: the ionospheric delay correction effectively mitigated the long-scale phase ramp in the full-frame interferogram, the standard deviation decreased from 1.83 to 0.85 cm compared to the uncorrected interferogram. The uncorrected estimations of yield and depth were 8.44 kt and 370.33 m, respectively. Compared to the uncorrected estimations, the ionospheric correction increased the estimation of yield and depth to 9.43 kt and 385.48 m, while the tropospheric correction slightly raised them to 8.78 kt and 377.24 m. There were no obvious differences in the location estimations among the four interferograms. When both corrections were applied, the overall standard deviation was 1.16 cm, which was even larger than the ionospheric corrected interferogram. We reported the source characteristics of NKT-4 based on the modelling results derived from the ionospheric corrected interferogram. The preferred estimation of NKT-4 was a Mogi source located at 129°04′22.35‘E, 41°17′54.57″N buried at 385.48 m depth. The cavity radius caused by the underground explosion was 22.66 m. We reported the yield estimation to be 9.43 kt. This study showed that for large-scale natural deformation sources such as volcanoes and earthquakes, atmospheric corrections would be more significant, but even if the atmospheric signal did not have much complexity, the corrections should not be ignored.
Low-frequency earthquakes observed in close vicinity of repeating earthquakes in the brittle upper crust of Hakodate, Hokkaido, northern Japan
Authors: Yoshida Keisuke , Hasegawa Akira , Noguchi Shinako , Kasahara Keiji
Published: September 2020

We conducted a detailed investigation of an earthquake cluster distributed from the lower crust to the upper crust beneath Hakodate, Hokkaido, which included both low-frequency earthquakes (LFEs) and regular earthquakes. Relocated hypocentres clearly show that both the LFEs and regular earthquakes occurred close to each other in the brittle upper crust of this non-volcanic area, while only LFEs occurred in the lower crust. This observation indicates that LFEs can occur not only in the ductile lower crust, but also in the brittle upper crust, which suggests that LFEs can occur in an environment similar to that of regular earthquakes. Regular earthquakes that occur in close vicinity of LFEs have very similar waveforms and nearly overlapping source regions, which indicate that they reflect the repeated rupture of the same asperity patch on a fault. Temporally, the intervals between events in the repeating earthquake sequence were very short, thus suggesting that they were caused by a sudden increase in pore pressure. The cluster of LFEs and repeating earthquakes, which has a rod-like distribution extending from the bottom of the crust to the surface and tilted slightly eastward, might represent a pathway of aqueous fluid movement sourced from the subducting slab.
Elitestone v Morris [1997] 1 WLR 687, House of Lords
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Elitestone v Morris [1997] 1 WLR 687, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Lloyds Bank plc v Rosset [1991] 1 AC 107, House of Lords
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lloyds Bank plc v Rosset [1991] 1 AC 107, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Stack v Dowden [2007] UKHL 17, House of Lords
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stack v Dowden [2007] UKHL 17, House of Lords. The document also includes supporting commentary from author Aruna Nair.
R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Antoine v Barclays Bank [2019] EWCA Civ 2846, Court of Appeal (Civil Division)
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Antoine v Barclays Bank [2019] EWCA Civ 2846, Court of Appeal (Civil Division). The document also includes supporting commentary from author Aruna Nair.
Southern Pacific Mortgages v Scott [2014] UKSC 52, Supreme Court
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Southern Pacific Mortgages v Scott [2014] UKSC 52, Supreme Court. The document also includes supporting commentary from author Aruna Nair.
William & Glynn’s Bank v Boland [1981] AC 487, House of Lords
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in William & Glynn’s Bank v Boland [1981] AC 487, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Horsham Properties Group Ltd v Clark [2008] EWHC 2327, High Court (Chancery Division)
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Horsham Properties Group Ltd v Clark [2008] EWHC 2327, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.
Re Citro [1991] Ch 142, Court of Appeal
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Citro [1991] Ch 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Moncrieff v Jamieson [2007] UKHL 42, House of Lords
Authors: Nair Aruna
Published: September 2020

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Moncrieff v Jamieson [2007] UKHL 42, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Michael v Chief Constable of South Wales Police [2015] UKSC 2
Authors: Purshouse Craig
Published: September 2020

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Michael v Chief Constable of South Wales Police [2015] UKSC 2. The document also included supporting commentary from author Craig Purshouse.
Smith v Eric S Bush [1990] 1 AC 831
Authors: Purshouse Craig
Published: September 2020

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith v Eric S Bush [1990] 1 AC 831. The document also included supporting commentary from author Craig Purshouse.
Iqbal v Prison Officers Association [2010] QB 732
Authors: Purshouse Craig
Published: September 2020

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.
R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245
Authors: Purshouse Craig
Published: September 2020

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245. The document also included supporting commentary from author Craig Purshouse.
McPhail v Doulton, Re Baden’s Deed Trusts (No 1) [1971] AC 424, House of Lords
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in McPhail v Doulton, Re Baden’s Deed Trusts (No 1) [1971] AC 424, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Re Barlow’s Will Trusts [1979] 1 WLR 278, Chancery Division
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Barlow’s Will Trusts [1979] 1 WLR 278, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
Saunders v Vautier (1841) Cr & Ph 240, 41 ER 482, Court of Chancery
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Saunders v Vautier (1841) Cr & Ph 240, 41 ER 482, Court of Chancery. The document also includes supporting commentary from author Derek Whayman.
Re Montagu’s Settlement Trusts [1987] Ch 264, Chancery Division
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Montagu’s Settlement Trusts [1987] Ch 264, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908, Court of Appeal
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Novoship v Mikhaylyuk [2014] EWCA Civ 908, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Armitage v Nurse [1998] Ch 241, Court of Appeal
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Armitage v Nurse [1998] Ch 241, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Swindle v Harrison [1997] 4 All ER 705, Court of Appeal
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Swindle v Harrison [1997] 4 All ER 705, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Boardman v Phipps [1967] 2 AC 46, House of Lords
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Boardman v Phipps [1967] 2 AC 46, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1998] AC 1, House of Lords
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1998] AC 1, House of Lords. The document also includes supporting commentary from author Derek Whayman.
FSHC Group Holdings Ltd v GLAS Trust Corp [2019] EWCA Civ 1361, Court of Appeal
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Attorney-General’s Reference (No. 3 of 1994) [1998] AC 245, House of Lords
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney-General’s Reference (No. 3 of 1994) [1998] AC 245, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Evans (Gemma) [2009] EWCA Crim 650, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Evans (Gemma) [2009] EWCA Crim 650, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Miller [1983] 2 AC 161, House of Lords
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Miller [1983] 2 AC 161, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Clinton [2012] EWCA Crim 2, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Clinton [2012] EWCA Crim 2, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Dowds [2012] EWCA 2576, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Dowds [2012] EWCA 2576, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Howe [1987] AC 417, House of Lords
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Howe [1987] AC 417, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Jogee [2016] UKSC 8, Supreme Court
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Jogee [2016] UKSC 8, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
R v Shivpuri [1987] AC 1, House of Lords
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Shivpuri [1987] AC 1, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Holwell Securities Ltd v Hughes [1974] 1 WLR 155
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Holwell Securities Ltd v Hughes [1974] 1 WLR 155. The document also includes supporting commentary from author Nicola Jackson.
Fisher v Bell [1961] 1 QB 394; [1960] 3 WLR 919
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Fisher v Bell [1961] 1 QB 394. The document also includes supporting commentary from author Nicola Jackson.
Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2002] EWCA Civ 1407
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2002] EWCA Civ 1407. The document also includes supporting commentary from author Nicola Jackson.
Smith v Hughes (1871) LR 6 QB 597 includes commentary on Centrovincial Estates plc v Merchant Investors Assurance Company Ltd [1983] Com LR 158
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith v Hughes (1871) LR 6 QB 597 including commentary on Centrovincial Estates plc v Merchant Investors Assurance Company Ltd [1983] Com LR 158. The document also includes supporting commentary from author Nicola Jackson.
George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803. The document also includes supporting commentary from author Nicola Jackson.
White and Carter (Councils) Ltd v McGregor [1962] AC 413
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in White and Carter (Councils) Ltd v McGregor [1962] AC 413. The document also includes supporting commentary from author Nicola Jackson.
Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 2 KB 528
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 2 KB 528. The document also includes supporting commentary from author Nicola Jackson.
Watts & another v Morrow [1991] 1 WLR 1421
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Watts and another v Morrow [1991] 1 WLR 1421. The document also includes supporting commentary from author Nicola Jackson.
Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, House of Lords
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, House of Lords. This note deals with how the House of Lords interpreted an ouster clause, a statutory provision which seeks to prevent judicial supervision of decisions made by subordinate decision-making bodies, and considers the wider constitutional implications of the courts’ approach to ouster clauses. The document also includes supporting commentary from author Thomas Webb.
Attorney General v Jonathan Cape Ltd [1976] QB 752, High Court (Queen’s Bench Division)
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Lawx provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Jonathan Cape Ltd [1976] QB 752, High Court (Queen’s Bench Division). This case concerns the constitutional convention of collective Cabinet responsibility which requires, inter alia, that Cabinet discussions remain secret, whether the publication of a diary detailing Cabinet discussions breached the convention, and what the constitutional consequences of any breach were. The document also includes supporting commentary from author Thomas Webb.
Donoghue v Poplar Housing and Regeneration Community Association Limited and another [2001] EWCA Civ 595, Court of Appeal
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Donoghue v Poplar Housing and Regeneration Community Association Limited and another [2001] EWCA Civ 595, in the Court of Appeal. This case concerned whether Poplar Housing was a public body for the purposes of s. 6(3)(b) of the Human Rights Act 1998 (HRA). Public bodies are required to act in accordance with the HRA. The document also includes supporting commentary from author Thomas Webb.
Ellen Street Estates Ltd v Minister of Health [1934] 1 KB 590, Court of Appeal
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ellen Street Estates, Limited v Minister of Health [1934] 1 KB 590, Court of Appeal. This case concerned whether provisions enacted by an earlier Westminster parliament could bind the legislative choices of a future Westminster parliaments. The arguments of Wade and Jennings over Diceyan and ‘manner and form’ approaches to this issue are discussed. The document also includes supporting commentary from author Thomas Webb.
R v Gough [1993] AC 646, House of Lords
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Gough [1993] AC 646, House of Lords. This case detailed the old test for bias, since replaced by the test in Porter v Magill [2001] UKHL 67. There is discussion as to the respective benefits and drawbacks of each test. The document also includes supporting commentary from author Thomas Webb.
R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals)
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals). This case concerns when and how an assessment of an applicant’s standing (or interest, locus standi) should be made for the purposes of determining whether they may bring a judicial review. Lord Diplock’s judgment provided a liberal approach to the assessment of standing as compared with the approaches offered by his fellow judges. The document also includes supporting commentary from author Thomas Webb.
R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division). This case examines the characteristics of bodies which can be subject to judicial review, exploring whether bodies which are ostensibly private in nature can be subject to judicial review if the nature or consequences of their functions and decisions are public. The document also includes supporting commentary from author Thomas Webb.
R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords. This case explored whether a decision-maker acting in a quasi-judicial capacity was bound by the same decision-making standards as the courts including, for example, whether retrospective decision-making was permitted. As well as these rule of law considerations, it also raises questions as regards the division or separation of functions within the constitution. The document also includes supporting commentary from author Thomas Webb.
R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. This case explored whether a United Kingdom court could suspend the effect of primary legislation where it was in conflict with European Community law. It necessarily raises questions about the nature and limits (if any) of parliamentary sovereignty. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords. This case concerned whether a school unlawfully limited a pupil’s right to manifest her religious beliefs through religious dress. The case note explores how a balance is struck between competing qualified rights, and so also contains discussion of the concept of proportionality. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords. This case considered whether a blanket policy excluding prisoners from cell searches was a proportionate response that was necessary to achieve the aim of that policy. There is also discussion of whether the common law could provide an alternative system of rights protection to that under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, UK Supreme Court. This case concerned whether the government could advise the Queen to prorogue Parliament for a protracted period of time (c. five weeks), when significant constitutional changes were being debated (the United Kingdom's withdrawal from the European Union). The Supreme Court considered the legality of the prorogation on the basis of two constitutional principles—parliamentary sovereignty and government accountability to Parliament. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court. The Court was asked to consider whether the Henry VIII powers granted under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 permitted the Secretary of State for Justice to introduce a residency test into the provisions regulating legal aid. The case raises wider questions about the oversight and review of Henry VIII powers. The document also includes supporting commentary from author Thomas Webb.
Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench. This case concerns questions of bias and, more importantly, the attempt by Coke to establish a common law power to overturn Acts of Parliament. The case predates the constitutional settlement which followed the Glorious Revolution of 1688, but echoes of the principles discussed in this case can also be found in modern case law. The document also includes supporting commentary from author Thomas Webb.
Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights. The substantive issue in this case concerned whether state-inflicted corporal punishment was a breach of Article 3 of the European Convention on Human Rights. In ruling on the issue, the Court also established an interpretive doctrine—the Convention as a ‘living instrument’—which is the focus of this case note. The document also includes supporting commentary from author Thomas Webb.
10. The internal (or common, or single) market
Authors: de Mars Sylvia
Published: September 2020

This chapter describes what is interchangeably called the ‘common market’, the ‘single market’, or the ‘internal market’. These terms all refer to the same concept: a geographical area made up of the territories of the Member States, wherein there are (in theory) no barriers to trade, and which operate an identical external trade policy. The chapter looks at the completion of the single market, considering the European Economic Community (EEC) Treaty. It also identifies what makes the single market unique, detailing the stages of economic integration and the key components of the EU's internal market. In light of the Withdrawal Agreement, it will be some time before the UK distances itself from the EU's internal market. The transition period created by the Withdrawal Agreement effectively results in a form of ongoing ‘EU membership’ without institutional representation. Both the positive regulations that make up the internal market and the EU's customs union rules will thus continue to apply to the UK until at least the end of 2020.
14. Freedom of establishment and free movement of services
Authors: de Mars Sylvia
Published: September 2020

This chapter discusses the rights of the self-employed and companies to conduct their business in another Member State insofar as they are subject to specific separate rules. Self-employed people are, of course, also EU citizens, and so it is in general worth bearing in mind that the provisions of the Citizenship Directive and the Treaty's non-discrimination provision discussed in the previous chapter are equally applicable to them. Freedom of movement for self-employed people and companies has always been possible under the Treaties based on the two fundamental freedoms of ‘establishment’ and ‘movement of services’. The chapter then looks at the exceptions to freedom of establishment and free movement of services. It also addresses the impact of Brexit on these two fundamental freedoms.
1. Introduction—Principles and Themes of Land Law
Authors: Lees Emma
Published: September 2020

This introductory chapter provides an overview of the land law system. The operation of the land law rules can be split into three central questions: first, the content and nature of individual rights in land — both ownership-estates and interests in another's land; second, the method of creation and transfer of these individual rights; and third, the interaction between these rights and the rights of others. The law's answer to these questions is shaped by the social context within which the rules operate, and by the principles of land law. These principles are certainty; sensitivity to context; transactability; systemic and individual effects; and the importance of recognising social effects. The chapter then considers the logic of the land law system. Understanding this logic begins with understanding the terminology, and this terminology is nowhere more unhelpful but essential than in the distinction between legal and equitable rights, and in the concept of ownership.
3. Registered and Unregistered Land
Authors: Lees Emma
Published: September 2020

This chapter discusses one of the most important components of the land law system: the registration of title to land. This is the system whereby rights in land are recorded on a publically available register. The chapter first examines some of the history of English land law in the 20th and 21st centuries, considering the 1925 reforms and the Land Registration Act 2002. It also describes what the land register is, and how it fits into the system of rights in land. Land registration essentially contains three guiding rules. Certain rights must be registered to be created. Once registered, the effect of such rights is determined by their registered status. The relationship between the right-holder and third parties who later acquire rights in, or transact in relation to, the relevant land is, again, determined by registration. The register therefore has three functions: it controls creation of rights, the effects of such rights, and the interaction between rights. In this sense, registration fundamentally determines how land law works. The chapter then looks at the principles of conveyancing in unregistered land.
4. Formalities and the Creation of Rights in Land
Authors: Lees Emma
Published: September 2020

This chapter examines the formality rules in relation to transactions involving land, which are essential to the operation of the land law system in practice. Formality rules play an important role in protecting vulnerable individuals; in ensuring caution; and in preserving the essence of an agreement should any future disputes arise. The chapter then details the formalities required to create an enforceable contract in land; a deed; and a valid disposition of an equitable interest. It also explains that there are different formality rules relating to a declaration of trust and to the transfer of interests arising under a trust. A failure to use these formalities does not give rise to homogenous consequences. Rather, for each of these categories, there are subtly different effects arising from a failure to take all the formal steps required.
9. Freehold Estate
Authors: Lees Emma
Published: September 2020

This chapter explores English land law's understanding of the concept of ‘ownership’ of land as developed through the freehold estate. As the freehold is the most extensive possible right in relation to land, it is important to know what it entails. The chapter first looks at the modern understanding of what freehold owners are entitled to do in relation to their land, before considering the space encompassed within the freehold title. It also studies the rights of re-entry and reversion which form the residual entitlement of a freehold once possession has been granted to another. In unregistered land, relativity of title is used to determine the relationship between multiple freeholds. In registered land, while the principle of relativity of title is still crucially important when dealing with multiple ‘off-register’ possessors, where title is registered, the Court of Appeal has suggested that such titles rank equally until the register is changed. The chapter then assesses how freeholds are transferred, and describes the concepts of the commonhold and flying freehold. It concludes by explaining the process of termination of the freehold estate.
13. Freehold Covenants
Authors: Lees Emma
Published: September 2020

This chapter assesses the law relating to freehold covenants. Freehold covenants are, at their heart, voluntary agreements entered into by one freehold owner with another person, according to which he promises to behave in a particular way in relation to his land. Strictly speaking, a ‘covenant’ is a promise made by deed. There are two types of freehold covenant: positive covenants and negative covenants. A negative covenant is one by which the covenantor agrees not to use his land in a particular way. Positive covenants, by contrast, require that the promisor ‘put his hand in his pocket’ and pay money to achieve a certain end. The chapter then explains how freehold covenants are created and interpreted. It also considers the different routes by which the benefit and burden of these rights attaches to land, and how this affects successors in title. Moreover, the chapter examines the rules relating to positive covenants and the limited ability of such rights to bind successors in title, as well as the power of the court to modify or discharge restrictive covenants.
14. Estate Contracts, Options to Purchase, and Rights of Pre-Emption
Authors: Lees Emma
Published: September 2020

This chapter addresses estate contracts, options to purchase, and rights of pre-emption. ‘Estate contracts’ is a generic term given to contracts relating to the intended transfer of estates in land, i.e. the freehold and leasehold estate. The consequence of an estate contract varies depending upon the kind of interest which it is intended will be created and the precise nature of the agreement reached between the parties. This can lead to some conceptual difficulties. Meanwhile, options to purchase and rights of pre-emption are two kinds of estate contract. Both involve an agreement between a freehold or leasehold proprietor and a potential purchaser in relation to that estate. An option to purchase entitles its holder to demand that the proprietor sell that estate to them, usually within a defined time period, for a pre-determined or determinable price. The right of pre-emption is, in effect, a right of first refusal. It does not allow its holder to force the proprietor of the estate in land to sell, but means that if that person does decide to sell, it must first be offered to the holder of the pre-emption right.
1. Introduction
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This introductory chapter first considers the nature and function of contract. It then discusses the contractual obligations in English law; the content of the contract law as set out in this book, which is concerned with the ‘general principles’ of contract rather than the detailed rules applicable to different types of contracts; the location of contract as part of the law of obligations and its relation to other parts of the law of obligations, tort and restitution of an unjust enrichment, and property law.
5. The Terms of the Contract
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This chapter discusses the nature and import of contractual terms and the form which they may take. First, it distinguishes the terms of a contract from representations, which are statements made by one party to the other that are not intended to be an integral part of the agreement. Similarly, collateral warranties, which are preliminary assurances that are contractually binding, but not as part of the principal agreement, are distinguished from representations which are not contractually binding. Second, the importance of different types of terms is examined by reference to the distinction between conditions, warranties, and innominate terms. Third, the implication of terms into contracts is explored. Finally, the chapter considers the interpretation or construction of terms.
6. Exemption Clauses and Unfair Terms
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This chapter discusses the common law and statutory rules governing exemption clauses, and the control of unfair terms. Written contracts frequently contain clauses excluding or limiting liability. This is particularly so in the case of ‘standard form’ documents drawn up by one of the parties or a trade association to which one of the parties belong. At common law there are special rules on the incorporation of exemption clauses, special rules of construction applicable to them, and a few miscellaneous other common law rules designed to control them. The chapter first considers those common law rules before going on to the legislative control of exemption clauses and unfair terms. The focus of the discussion of statutory control is the Unfair Contract Terms Act 1977 for non-consumer contracts, and the Consumer Rights Act 2015 for consumer contracts.
9. Misrepresentation and Non-Disclosure
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This chapter focuses on relief for misrepresentation and for the exceptional cases in which there may be relief for non-disclosure, and considers misrepresentations that have not been incorporated as a term of the contract. In such cases, the misled party will sometimes be entitled to claim tortious damages in respect of loss sustained by reason of the misrepresentation. If the misrepresentation was made fraudulently, damages in the tort of deceit can be recovered. If it was made without reasonable care being taken to ascertain its truth, the misled party may recover damages by virtue of statute, or at common law in the tort of negligence. Where the party making the misrepresentation believed, and had reasonable grounds to believe, that the facts represented were true, although the contract is still voidable at the suit of the misled party, tortious damages cannot be claimed but damages may sometimes be awarded in lieu of rescission. A misrepresentation made by a trader to a consumer may also constitute a ‘prohibited practice’ under the Consumer Protection from Unfair Trading Regulations 2008, which will give the consumer ‘rights to redress’ under the Regulations. A pre-contractual misrepresentation therefore may give rise to a wide range of remedies: rescission of the contract, as well as damages by statute or at common law, in contract or tort.
13. Discharge by Agreement
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

Contract rests on the agreement of the parties: as it is their agreement that binds them, so by their agreement they may be discharged. This chapter begins by identifying two sources of difficulty, which render the topic of discharge by agreement one of considerable artificiality and refinement, and then discusses the forms of discharge by agreement, covering release, accord and satisfaction, rescission, variation, waiver, and discharge provisions contained in the contract itself.
21. Third Parties
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This Chapter deals with the scope of a valid contract when formed, and the question: to whom does the obligation extend? This question is considered under two separate headings: (1) the acquisition of rights by a third party, and (2) the imposition of liabilities upon a third party. At common law the general rule is that no one but the parties to a contract can be entitled under it, or bound by it. This principle is known as that of privity of contract.
6. Individual rights and remedies
Authors: Lloyd Ian J.
Published: September 2020

This chapter examines the rights that are specifically conferred upon data subjects and to the remedies which may be available in the event of any breach. The GDPR and the Data Protection Act 2018 provide for data subjects to be granted rights of access, the right to receive certain items of information, and rights either total or qualified to object to certain forms of processing of their personal data.
23. Electronic money
Authors: Lloyd Ian J.
Published: September 2020

This chapter incldes a discussion of the regulation of the issuance and use of electronic money giving particular attention to the emerging technology of cyber-currencies. Initial sector-specific legislation was introduced by the EU in the form of the Directive on the taking up, pursuit of, and prudential supervision of the business of electronic money institutions. In the United Kingdom, the Financial Services and Markets Act 2000 designated the issue of e-money as a ‘regulated activity’ and particular provision to implement a Directive was made. The chapter then turns to the regulation of online gambling. It covers the Gambling Act 2005, licensing of remote gambling activities, and the Remote Gambling and Software Technical Standards.
11. The Defences Question
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter examines land law's priority rules, conceptualized as the defences question. Priority rules refer to a set of rules that determine the circumstances in which a property right held by one party (B) against another party's title (A) can be enforced when A transfers the title to a third party (C) or grants a mortgage over the title to C as security for a loan. The chapter considers the circumstances in which C has a defence against B's claim to priority, focusing on priority rules that apply in registered land. It also discusses the specific rules provided in the Land Registration Act 2002 for registered dispositions of registered estates for valuable consideration and two defences that operate outside the provisions of the Act; the defence of consent and overreaching.