bluuebunny/crossref_metadata_2025 huggingface dataset:
28. Non-state actors
Authors: Clapham Andrew
Published: August 2018

This chapter first explains how the term ‘non-state actor’ is used and why it is appropriate to look at the impact of non-state actors on the enjoyment of human rights, and then recalls the ‘positive obligations’ of states to protect those within their jurisdiction from abuses by non-state actors. Finally, it considers the human rights obligations of different non-state actors: international organizations, corporations, and armed non-state actors. The chapter identifies three challenges posed by non-state actors. First, is finding ways to translate existing norms to create appropriate obligations for non-state actors; second is developing monitoring and accountability mechanisms; and third is questioning assumptions about what it means to talk about human rights and who has human rights obligations.
1. Introduction
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the ways in which the European Union is involved in intellectual property law, such as its involvement in negotiating and signing treaties. Finally, it looks at the European Economic Area and non-EU regional initiatives on intellectual property, as well as the implications of Brexit.
2. Introduction to copyright
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter provides an introduction to copyright and the history and functions of copyright law, as well as international and European trends and developments that have influenced copyright law in the UK. It first considers ‘author’s rights’ and ‘neighbouring rights’ before turning to justifications that have been put forward for copyright, with particular reference to arguments invoking natural rights, rewards and incentives, neoliberal economics, and the ‘democratic paradigm’. The chapter also examines the seven significant treaties that have influenced British copyright law as well as European directives that have had an important and growing impact on British copyright law, including the Software Directive, the Related Rights Directive, and the Cable and Satellite Directive.
3. Subject matter
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter is concerned with the subject matter, or types of creation, protected by copyright law as stipulated by the Copyright, Designs and Patents Act 1988. Eight categories of work are examined: literary works, dramatic works, musical works, artistic works, films, sound recordings, broadcasts, and published editions (or typographical works). The chapter considers the definitions of these categories of work in the case law and through the jurisprudence of the European Court of Justice. It also discusses three important issues. First, that legal categories do not necessarily correspond to the objects usually associated with copyright law. Second, that all types of subject matter that are protected by copyright are referred to as ‘works’. The third issue, and the most problematic, is whether the list of works must be treated as an exhaustive list.
5. Authorship and first ownership
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter examines the concept of authorship, as it is understood in copyright law, as well as the first ownership of copyright and the various exceptions to this rule. It begins by discussing the author of a work as defined in the Copyright, Designs and Patents Act 1988 before elaborating on the task of determining who the author of a work is. Authorship of literary, dramatic, musical, and artistic works and of entrepreneurial works is then considered, along with joint authorship. The chapter also looks at exceptions to first ownership, including works created by employees, those governed by Crown copyright or made under the direction or control of Parliament, and commissioned works. Finally, it analyses the issue of harmonization with respect to authorship and the position of employed authors.
7. Duration of copyright
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter examines the debate over the question of the appropriate period of protection that ought to be granted to copyright works, with emphasis on literary, dramatic, musical, and artistic works as well as films and entrepreneurial works (sound recordings, broadcasts, and typographical arrangements of published editions). It begins by considering the provisions of the EU Term Directive with regards to the duration of protection for such works and then discusses a number of exceptions to the general rule that the duration of copyright works is life plus 70 years. It also analyses moral rights of integrity and attribution in the UK in relation to copyright, as well as the so-called publication right in works in which copyright has lapsed. The chapter concludes with an assessment of the optimal term of copyright protection.
15. Nature of a patent
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter provides an overview of the nature of the patent, with emphasis on the variety of ways in which patents are described, how they are drafted, and what they contain. It begins by looking at the types of patent in the UK and the two authorities that grant patents in the country: the UK Intellectual Property Office and the European Patent Office. It then considers the complex and difficult process of drafting a patent before discussing the four key parts of a patent, namely, an abstract, a description of the invention, one or more claims, and any drawings referred to in the description or claims. It also looks at some of the more common types of claims.
18. Novelty
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter considers novelty as a prerequisite for an invention to be patentable under both the Patents Act 1977 and the European Patents Convention. More specifically, it tackles three questions to help decide whether an invention is novel: what the invention is; what information is disclosed by the prior art; and whether the invention is novel (part of the state of the art). It also looks at the so-called ‘right to work’ argument, whereby novelty helps to ensure that patents are not used to prevent people from doing what they had already done before the patent was granted, and its modification as a result of changes in the way in which novelty is determined. The chapter concludes by discussing three specific types of inventions and the problems that have arisen when evaluating their novelty: inventions relating to medical uses, non-medical uses, and so-called selection inventions.
21. Ownership
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter explores the issue of patent ownership and the related question of who is entitled to be granted the patent. It begins by considering aspects of British law dealing with ownership and who is properly entitled to the grant of a patent, particularly as stated in the Patents Act 1977, as well as the remedies available where the wrong person has applied for a patent or a patent has been granted to the wrong person. It then looks at the European Patent Office’s procedural role in determining disputes over entitlement before concluding with an analysis of ownership with respect to inventors, joint inventors, and employee inventions.
23. Exploitation
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter looks at the many different ways in which patents may be exploited and some limits to exploitation. It first explains how patentees themselves can exploit the patent and considers two of the more common forms of voluntary uses: assignment and licence. It then describes situations in which compulsory licences are available and the compensation payable where the patent is used via a compulsory licence or by an employer or the Crown. Mortgages, testamentary dispositions, and registration of interests and transactions are also discussed, along with patent law in the UK and British and European competition law. The chapter concludes by assessing compulsory licences under section 48 of the Patents Act 1977, the licensing and cross-licensing of biotechnological inventions, and compulsory licences for public health.
26. Subject matter: The requirement that there be a design
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter considers the requirements for a design to be protected, with particular reference to the requirement that there be a design. It begins by outlining the requirements for validity that are set out in Article 25(1) of the Community Design Regulation before turning to the definition of ‘design’ with respect to registered designs in the UK and the European Union as well as unregistered Community designs, citing three key elements of this definition: appearance, features, and product. It also examines three types of design that are excluded from the very broad definition of design: designs dictated solely by technical function; designs for products that must be produced in a specific way to enable them to connect to another product; and designs that are contrary to morality or public policy.
34. Damage
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter examines one element that a claimant must prove to sustain a passing off action: the requirement that they have suffered, or are likely to suffer, damage as a result of the defendant’s misrepresentation. It first considers four types of damage that have been recognized by the courts in connection with misrepresentation: loss of existing trade and profits; loss of potential trade and profits; damage to reputation; and dilution. It then discusses the notion of extended passing off and its three elements: goodwill, misrepresentation, and damage. It also looks at the principles of unfair competition and their relevance in the UK.
35. Trade mark registration
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter focuses on the process of registration for trade marks in the UK, the European Union, and other countries. It begins by explaining the differences in procedures and documentation needed in filing trade mark applications at the national, regional, and international levels. The role of the European Union Intellectual Property Office (EUIPO) in processing applications in the EU is considered, along with the international filing systems established under the 1891 Madrid Agreement and the 1989 Madrid Protocol. The chapter concludes by presenting possible avenues through which to acquire trade mark protection. It briefly considers the possible impacts of Brexit.
39. Revocation
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter examines revocation as a reason for removing a mark from the register and the grounds for revocation as set out in section 46 of the Trade Marks Act 1994 and Article 57 of the European Union Trade Marks Regulation. It begins by discussing the first ground on which a mark may be revoked: ‘non-use’ (the trade mark has not been used for five years following the date of completion of the registration). It considers the relevant period of non-use and proper reasons for non-use, along with the issue of rewriting the specification with respect to goods and services. The chapter then looks at the second ground for the revocation of trade marks: if the mark has become the ‘common name in the trade’ (that is, generic marks). The final reason for revocation is if the mark has been used in a way that misleads the public (that is, deception is involved).
41. Trade mark defences
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter is about the various defences that are available to a person who has been accused of infringing a trade mark under the Trade Marks Act 1994. A prominent limitation on the scope of protection, which operates defensively, is whether the defendant has made a legally relevant use of the mark. Besides this, the defendant is excused if the mark has been used (i) as the defendant’s own name or address, (ii) for descriptive purposes, or (iii) to indicate the intended purpose of a product or service. These threeuses are subject to a proviso testing for whether the use has been in accordance with honest practices in industrial and commercial matters. Additional defences facilitate comparative advertising and permit parallel importation via the exhaustion of the trade mark owner’s rights upon first sale.
42. Exploitation and use of trade marks
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter is concerned with the exploitation and use of trade marks under the Trade Marks Act 1994 and the European Trade Marks Regulation (EUTMR). It first considers the ownership of trade marks and ‘unregistered marks’ and the problems that arise in relation to co-ownership. It then describes the ways in which trade marks and ‘unregistered marks’ can be exploited (self-exploitation, assignment, voluntary licences, compulsory licences, mortgages, testamentary dispositions) as well as the limitations placed on the uses that can be made of a trade mark. Registration of interests and transactions is also discussed, and UK competition law is compared with that in Europe. In addition, the chapter presents a list of terms that are commonly used in trade mark licence agreements and the approach that competition law takes towards them. Finally, it outlines trade mark delimitation agreements.
43. Geographical indications of origin
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter examines three regimes that form part of the legal framework that governs the way agricultural products are described and labelled. It first considers the scheme developed by the European Union to regulate protected designations of origin (PDOs) and protected geographical indications (PGIs). It then discusses the traditional specialities guaranteed scheme that aims to protect the names of traditional foods and recipes, as well as the optional quality terms scheme that was introduced in 2013. It covers important international treaties that have an impact upon the legal regulation of geographical indications, including the 1994 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The chapter concludes by looking at situations in which a registered name will be infringed (or misused), together with the scope of protection against infringement.
45. Obligation of confidence
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter considers one requirement in a breach of confidence action: that the defendant was under a legal (as opposed merely to a moral) obligation of confidentiality. It first looks at the basic test for a confidence arising that is ‘knowledge’ or ‘notice’. More specifically, it examines the duties that arise where the parties are in a direct relationship, where there is an indirect relationship, and where no relationship exists. It also describes the duties that arise when the parties are in an employment relationship and tackles the question as to whether (and if so, when) strangers come under an obligation of confidentiality.
47. Misuse of private information
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter examines the tort of misuse of private information. It begins by considering the sort of information that can be considered private, before moving on to examining the test for whether there is a reasonable expectation of privacy over such information before, finally, looking at the ‘ultimate balancing test’ that is the balancing of rights under Article 8 and 10 of the European Convention of Human Rights.
Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights
Authors: Harris David , O'Boyle Michael , Bates Ed , Buckley Carla
Published: August 2018

This fourth edition of Law of the European Convention on Human Rights builds on the great strengths of earlier editions. An up-to-date account of Strasbourg case law and its underlying principles, this title facilitates an understanding of this key area of law. It explores the extent of the Convention’s influence upon the legal development of the contracting states, and reveals exactly how such a considerable impact has been achieved and maintained. It sets out and critically analyses the Strasbourg jurisprudence on each Convention article that constitutes the substantive guarantee, and examines the system of supervision. The Convention has effectively become the constitutional bill of rights for Europe, providing common human rights standards for the whole continent. National parliaments and courts must constantly look to the Convention when legislating and deciding cases, or run the risk of adverse Strasbourg judgments with which they must then comply. For all states, the Convention has been made enforceable in their national courts.
1. The European Convention on Human Rights in context
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla
Published: August 2018

This chapter provides an introduction to the European Convention on Human Rights, with a general account of the elements of the human rights guarantee that it contains and the system for its enforcement. It first explains the origins and development of the Convention. It goes on to cover the substantive guarantee; the Strasbourg enforcement machinery; reservations; the interpretation of the Convention, including: negative and positive obligations; the margin of appreciation; the principle of subsidiarity; the application of the Convention by national courts and the EU; the enforcement and executions of Court judgments; and the achievements and prospects of the Convention.
2. Admissibility of applications
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla , Harvey Paul
Published: August 2018

This chapter focuses on admissibility requirements. It discusses the general approach to admissibility; the application of admissibility requirements to individual and inter-state cases; the exhaustion of domestic remedies; the six-month rule; other grounds of inadmissibility; and the competence of the Court.
3. The European Court of Human Rights: organization, practice, and procedure
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla , Kamber Krešimir
Published: August 2018

This chapter discusses the organization and functions of the European Court of Human Rights. Topics covered include the composition of the Court; the election of judges; the roles of the Court Chambers and the Grand Chamber; pilot judgments; reform of the Court; and the future of the Court.
5. Article 2: The right to life
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla
Published: August 2018

This chapter discusses Article 2 of the European Convention on Human Rights, which guarantees the right to life. Topics that are covered include the obligation to protect the right to life by law; the obligation to take preventive action; the procedural obligation to investigate; the protection of the unborn child; and the prohibition of the taking of life by the use of force. The limitation on sentences of capital punishment in Article 2(1) has been interpreted by the Court as prohibiting them entirely. Article 2 prohibits deportation or extradition to face the risk of the loss of life abroad.
7. Article 4: Freedom from slavery, servitude, or forced or compulsory labour
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla
Published: August 2018

This chapter discusses Article 4 of the European Convention on Human Rights. Article 4 prohibits slavery, servitude, and forced or compulsory labour. The Court has extended the scope of Article 4 to cover ‘domestic slavery’ and human trafficking. In particular, states have positive obligations to act against conduct by private employers or persons involved in trafficking. Whereas the prohibitions of slavery and servitude are absolute, certain forms of forced or compulsory labour are permitted, for example in fulfilment of a civic duty and work by a convicted prisoner.
9. Article 6: The right to a fair trial
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla
Published: August 2018

This chapter discusses Article 6 of the European Convention on Human Rights, which guarantees the right to a fair trial in both criminal and non-criminal cases. In all cases, it guarantees the right to a fair and public hearing trial within a reasonable time by an independent and impartial tribunal established by law. There are particular guarantees for persons subject to a criminal charge, including the right to be presumed innocent, to be informed of the charge, to adequate time and facilities to prepare the accused’s defence, to legal assistance, to examine and cross-examine witnesses, and to an interpreter.
20. Article 1, First Protocol: The right to property
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla
Published: August 2018

Recognition of a pecuniary right in national law or practice will give rise to a ‘possession’ under the Convention. Article 1 imposes upon states positive obligations to protect property, and negative obligations not to interfere with the right to property without justification. It provides for two types of interference: deprivation of property is justified only where it is in the public interest and in accordance with national law and the general principles of international law; control of use of property is justified only where it accords with national law and is in the general interest or to secure the payment of taxes or other contributions. Where interference doesn’t fall into one of these types it is regulated under the first sentence of Article 1. The standard in all cases requires a ‘fair balance’ be struck between the public interest and the burden of the interference on the person.
21. Article 2, First Protocol: The right to education
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla
Published: August 2018

This chapter discusses Article 2 of the First Protocol of the European Convention on Human Rights, which guarantees the right to education. Article 2 extends to all forms of education provided or permitted by the state–primary, secondary, and higher education, as well as to private schools and universities. The right to education consists of a variety of rights and freedoms for children and parents. These mostly belong to the pupil or student, but parents do have certain rights of their own under Article 2 about the way in which their child is educated.
22. Article 3, First Protocol: The right to free elections
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla , Green Heather
Published: August 2018

This chapter discusses Article 3 of the First Protocol of the European Convention on Human Rights, which imposes a positive obligation on states to secure free elections. The Court has read into this text individual rights to vote and to stand for election, reversing its technique of deriving positive obligations from the expressly articulated guarantees of individual rights contained in other Articles of the Convention. The right of prisoners to vote is included.
23. The fourth, sixth, seventh, and thirteenth protocols
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla
Published: August 2018

This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 protect a selection of civil and political rights not covered by the main Convention text and which make up for the substantive deficiencies of the Convention when compared to the International Covenant on Civil and Political Rights (ICCPR). Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war, respectively.
1. The birth of equity and trusts
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the origin of equity and trusts as distinctive aspects of the English legal system and the subsequent merger of equity with the common. It covers the meaning and origin of equity; what became of the chancery jurisdiction after the Earl of Oxford but before the Judicature Act; the reform of the Court of Equity; the Supreme Court of Judicature Acts 1873–5; the modern relevance of equity; the types and nature of trusts; and the recognition of trusts.
2. The different types of trust
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the different types of trust, how they are used, and the nature of a trust. The many uses of trusts in the modern world, from pensions to the ownership of the family home and the preservation of family wealth are explained. The discussions cover the meanings of trust and property; what trusts are used for; what an equitable interest is; classification of trusts; resulting trusts; constructive trusts; implied trusts; Quistclose-type trusts; and wills and intestacies.
4. The formality requirements and incompletely constituted trusts
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter, which is on formality requirements and incompletely constituted trusts, discusses the different formality requirements for different types of property. It states that transactions in land require writing. It also looks at the difference between a declaration of trust and a transfer of property and mentions that the disposition of an equitable interest must be in writing; that contracts to transfer property to trustees can only be enforced by the parties to the contract, not the beneficiaries (incompletely constituted trusts); and that marriage settlements are an exception in that beneficiaries within the marriage consideration may enforce a contract to transfer property to the trustees.
6. The disposal of property on death
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on the disposal of property on death discusses the following: the general characteristics of wills; the doctrine of incorporation by reference; the origins of the secret trust; the difference between fully and half-secret trusts; the three elements of a secret trust: intention, communication, and acquiescence; mutual wills; donatio mortis causa (death-bed gifts); and the rule in Strong v Bird. All four of these doctrines provide exceptions to the strict rules governing wills and provide another example of equity mitigating the harshness of the law.
7. Resulting trusts
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Resulting trusts arise in a surprising number of situations, such as where an existing trust cannot carry on, for some reason. Then the trust property is said to be held on resulting trust. This means that the property is to be returned to its original owner. This chapter discusses the two types of resulting trust; the automatic resulting trust; the theory of resulting trusts; presumed resulting trusts; the presumption of advancement; the importance of the presumptions today; and illegality.
8. Unincorporated associations and the beneficiary principle
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.

All trusts, except for charities, require beneficiaries to enforce the trust. This can be inconvenient, so there are exceptions. Unincorporated associations are a type of organization that does not exist in the eyes of the law. They have no legal personality, therefore they cannot hold property in their own name. This chapter discusses the possible legal structures for unincorporated associations; the dissolution of unincorporated associations; the beneficiary principle; trusts for monuments or graves; trusts for the maintenance of particular animals; and trusts for the saying of masses.
10. The duties of trustees: with special reference to investment
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Trustees have a duty to invest the trust funds to provide an income for the beneficiaries and to maintain or, indeed, increase the value of the trust. This chapter discusses the meaning of investment; the Trustee Act 2000; the duty of reasonable care and skill; investment advice and selection; the acquisition of land; the liability of trustees; exclusion of liability, ethical investment; delegation of the investment function to agents; and information for and the giving of reasons to the beneficiaries.
17. Trusts of the family home
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Cohabiting couples could save themselves considerable legal trouble and expense if they make a written declaration of trust when acquiring a home to live in, but most do not. This chapter discusses the following: that cohabitation gives no special legal status; that a trust of land must be in writing; and that resulting and constructive trusts are an exception to the writing requirement. It also looks at the difference between the two categories of trust in Lloyds Bank v Rosset and the difference between the claim to an equitable interest in the property and the quantification of that interest as explained in Stack v Dowden.
18. Equitable remedies
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on equitable remedies discusses that the courts’ powers to grant equitable remedies are discretionary and that equitable remedies vary from case to case. It also looks at the difference between the principles governing the grant of general and specific injunctions and the principles governing the grant and refusal of specific performance. It also mentions that all equitable remedies are in personam and can be granted in respect of property outside the jurisdiction of the court.
1. Family Law Practice and the First Interview
Authors: Sendall Jane
Published: August 2018

This chapter begins by identifying the skills that family lawyers must possess. These include technical skills such as advocacy, interviewing, negotiation, and writing; and ‘soft skills’, i.e. interpersonal and organizational skills, such as persuasiveness, tact, diplomacy, and time management. The discussion then turns to the professional conduct issues that are crucial to seeing a client for the first time, including confidentiality and money laundering. It also considers the importance of the first interview with the client and the client care letter.
5. Separation and Nullity
Authors: Sendall Jane
Published: August 2018

This chapter discusses the remedy of separation as an alternative to divorce proceedings. It also examines nullity as a remedy, including void and voidable marriages and civil partnerships, as well as a remedy for escaping forced marriages.
7. Defences to Divorce and Dissolution
Authors: Sendall Jane
Published: August 2018

This chapter discusses the limited defences available in divorce proceedings. It covers Section 5 Matrimonial Causes Act 1973; Section 10 Matrimonial Causes Act 1973; and Section 10A Matrimonial Causes Act 1973.
8. Jurisdiction
Authors: Sendall Jane
Published: August 2018

This chapter deals with the European law governing jurisdiction in divorce and the international law concepts that are a feature of this area of law. It discusses the increasingly important question of jurisdiction in divorce proceedings, and explains the concepts of ‘domicile’ and ‘habitual residence’ as they apply to divorce proceedings.
13. Pre-Marital Agreements
Authors: Sendall Jane
Published: August 2018

This chapter examines the nature of pre-marital agreements (PMAs), the enforceability of pre-marital agreements in proceedings for financial orders, and the potential developments in the enforceability of PMAs. Case law dealing with the issue of PMAs is presented.
16. Protecting Assets and the Family Home in Financial Order Proceedings
Authors: Sendall Jane
Published: August 2018

This chapter discusses whether a client can protect assets in financial order proceedings, the provisions of s37 Matrimonial Causes Act 1973, and the availability of ‘home rights’ under the Family Law Act 1996. Section 37 MCA 1973 assists the parties and the courts in preventing the disposition of any assets by either party to the proceedings. An order can be made preventing a party from making a disposition with the intention of defeating the claim for financial relief or an order reviewing a disposition that has already been made.
19. Pensions in Financial Proceedings
Authors: Sendall Jane
Published: August 2018

This chapter covers pensions and pension orders available to the court. It discusses pension as a financial instrument and how a pension is valued. The chapter explains how pensions are dealt with following divorce or dissolution, including pension offsetting, pension attachment, and pension sharing.
23. Cohabitation and Finance
Authors: Sendall Jane
Published: August 2018

Cohabiting couples do not have any intrinsic legal rights by simply cohabiting. The ‘common law wife/husband’ does not exist in law. This chapter discusses the legal position of cohabitants; the legal remedies available to separating cohabitants; and the position of cohabitants in relation to the family home.
25. Parental Responsibility
Authors: Sendall Jane
Published: August 2018

Parental responsibility (PR) is one of the most important concepts in the Children Act 1989. This chapter discusses the nature and scope of PR, and how it is acquired. It covers the law on automatic parental responsibility; how unmarried fathers can acquire PR; and PR for non-natural parents.
28. Child Abduction
Authors: Sendall Jane
Published: August 2018

This chapter focuses on the issue of parental child abduction, i.e. the removal of children by a parent to another country without the permission of the other parent or the permission of the court. It examines the phenomenon of parental child abduction; the national and international law assisting parents seeking the return of a child; and the law and procedure relevant to preventing child abduction.
31. Public Children Procedure
Authors: Sendall Jane
Published: August 2018

This chapter examines the procedural issues involved in public children law proceedings. It discusses the representation of the child; steps to be taken before proceedings; the issue of proceedings; the first appointment; the case management hearing and advocates’ meeting; the issue resolution hearing; and the final hearing.
32. Child Protection Conferences
Authors: Sendall Jane
Published: August 2018

A local authority’s investigation into a child’s health and development includes a case conference so that information about the child can be shared by those involved with the child and family. This chapter discusses the function of a child protection conference in public children law and the role of a solicitor in the conference.
4. Adverse Possession
Authors: Bevan Chris
Published: August 2018

In order to acquire an interest in land, certain formality requirements have to be satisfied. Legal estates and interests cannot, in the normal course, be acquired informally. This chapter explores one exception to this position: the law of adverse possession. A claim to adverse possession is a claim brought by a trespasser or squatter who has been in possession of another's land for a long period of time. Land law recognizes other rights arising after use over a protracted period — for example, easements by prescription — but adverse possession is quite different, mostly due to its effects. If successful, the trespasser or squatter becomes the legal owner of the land. The chapter discusses the basis for adverse possession; analysing a claim to adverse possession; establishing a claim to adverse possession; terminating or interrupting a period of adverse possession; the effect of adverse possession; adverse possession and leasehold land; criminalizing residential squatting and adverse possession and human rights.
6. Interests in the Family Home
Authors: Bevan Chris
Published: August 2018

For many people, whether or not they enjoy an interest in the family home is fundamental to their sense of security, stability, and even their sense of self. However, a person may find themselves in a position where they are neither the registered legal owner of property nor do they enjoy an equitable interest under an express trust of land. This chapter examines how a person may acquire an interest in the family home through constructive and resulting trusts. It focuses on non-married, non-civilly partnered, cohabiting couples, or family members otherwise coming together to purchase property as a home. For these people, no legislation exists that give courts jurisdiction to declare and adjust property interests.
7. Licences and Proprietary Estoppel
Authors: Bevan Chris
Published: August 2018

This chapter discusses the nature, status, and characteristics of licences; the different types of licences that exist; what makes them distinct from other interests in land lawl and how they can be brought to an end. Licences in land arise when the owner of land grants to another person permission to use that land for a given purpose. A licence is therefore a permission to enter or do something on another's land. The person granting the licence is the ‘licensor’ while the party to whom the licence is granted the ‘licensee’. The chapter also introduces to the doctrine of proprietary estoppel — a means by which a person may acquire a proprietary interest in another's land — and the interrelationship between proprietary estoppel and licences is examined.
9. The Law of Easements and Profits
Authors: Bevan Chris
Published: August 2018

This chapter considers two rights in land that fall short of an entitlement to possession, rights which fall short of freehold or leasehold estates. These lesser, non-possessory rights — of which easements and profits or profits à prendre are but two — are a vital way in which even more of the value in land can be unlocked. An easement is a right of one landowner to enjoy limited use of another's neighbouring land. A profit involves a right to take something from another's land. It involves more than a mere limited right over another's land but rather entails a right to appropriate some part of the natural product of that land (i.e. to take something from another's land).
11. The Law of Mortgages
Authors: Bevan Chris
Published: August 2018

A mortgage is a form of proprietary security for the advancement of a loan. A bank or lender advances a loan and in return they are granted a mortgage: an interest in the borrower's land. The uses to which mortgages can be put are not confined to home ownership. Mortgages are exploited in the residential and commercial sectors as well as being used for the purposes of property investment and capital financing. This chapter discusses the nature of mortgages; the creation of mortgages; the rights and powers of the mortgagor; the rights of the legal mortgagee; the rights of equitable mortgagees and equitable chargees; and the priority of mortgages.
12. Land Law and Human Rights
Authors: Bevan Chris
Published: August 2018

This chapter considers the relationship between land law and human rights. From a distinctly land law perspective, the human rights discourse has given rise to much debate, which continues to fuel much academic commentary. The chapter focuses on the key European Convention on Human Rights (ECHR) rights incorporated into domestic law by the Human Rights Act 1998 (HRA 1998) — namely, Art. 1 of the First Protocol to the ECHR and Art. 8 of the ECHR. It identifies other Convention rights which exert an influence on land law. It begins with a brief summary of the broader machinery of the HRA 1998.
2. What is International Law For?
Authors: Koskenniemi Martti
Published: August 2018

This chapter provides four responses to the question: what is international law for? First, international law seeks to advance the values, interests, and preferences that those in dominant positions seek to realize in the world. Second, it gives voice to those who have been excluded from powerful positions and are regularly treated as the objects of other peoples’ policies; it provides a platform on which claims about violence, injustice, and social deprivation may be made even against the dominant elements. Third, the objective of international law is always also international law itself. Fourth, international law exists as a promise of justice.
12. Immunities Enjoyed by Officials of States and International Organizations
Authors: Wickremasinghe Chanaka
Published: August 2018

This chapter examines the immunities enjoyed by various categories of officials of States and international organizations. It identifies jurisdictional immunity as one of the key legal techniques by which diplomatic relations and, more broadly, international relations and cooperation can be maintained. It recognises that recent developments in international law have increasingly required that immunities be scrutinised and justified, particularly where they impact on individual rights. Among the most striking of such challenges to immunities are those that have arisen in relation to measures which seek to bring an end to the impunity of persons who commit the most serious international crimes, including measures such as the development of extraterritorial jurisdiction and the establishment of international criminal tribunals. A range of judicial decisions is reviewed in order to determine how international law has attempted to reconcile such conflicting priorities in this respect.
14. The Character and Forms of International Responsibility
Authors: Crawford James , Olleson Simon
Published: August 2018

This chapter begins with an overview of the different forms of responsibility/liability in international law, and then focuses on the general character of State responsibility. The law of State responsibility deals with three general questions: (1) has there been a breach by a State of an international obligation; (2) what are the consequences of the breach in terms of cessation and reparation; and (3) who may seek reparation or otherwise respond to the breach as such, and in what ways? As to the first question, the chapter discusses the constituent elements of attribution and breach, as well as the possible justifications or excuses that may preclude responsibility. The second question concerns the various secondary obligations that arise upon the commission of an internationally wrongful act by a State, and in particular the forms of reparation. The third question concerns issues of invocation of responsibility, including the taking of countermeasures.
23. International Investment Law
Authors: Subedi Surya P
Published: August 2018

This chapter discusses the development and current state of international investment law, which encompasses international finance law, international trade law, international investment law, and regional economic trade agreements. Recent progressions in the area of international financial law, international trade law, and investment law demonstrate that other areas of international regulation have a decisive influence on international investment law. Moreover, international investment law is more increasingly focused on development concerns. International investment law is currently going through an exciting phase in its development. It has now become one of the fastest changing areas of international law with exciting and far-reaching implications for both investment-receiving and investment-exporting countries, thanks to enterprising claimants and innovative interpretations and expansive approaches adopted by international investment tribunals. This chapter seeks to capture the law and the recent trends in both State practice and jurisprudence in this area of international law.
24. International Criminal Law
Authors: Cryer Robert
Published: August 2018

This chapter examines the material and mental aspects of four offences that are directly criminalized by international law: genocide, crimes against humanity, war crimes, and aggression. The discussions also cover some of the general principles of liability and defences that are of particular relevance to international crimes. Firstly, joint criminal enterprise, co-perpetration, command responsibility, and the defence of obedience to superior orders are considered. The chapter then looks at international and national prosecution of international crimes, including the Nuremberg and Tokyo Trials, the International Criminal Tribunals for former Yugoslavia and Rwanda, and the International Criminal Court. As prosecution is not the only, or predominant, response to international crimes, the chapter concludes with a discussion of alternatives and complements to prosecution, such as amnesties, and truth and reconciliation commissions.
1. What is Public Law?
Authors: Webley Lisa , Samuels Harriet
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an introduction to public law. Public law regulates the relationships between individuals (and organizations) with the state and its organs. Examples include criminal and immigration law, and human rights-related issues. Public law is made up of a number of key principles designed to ensure a healthy, representative, law-abiding country that strikes a balance between the needs of the state and the needs of its citizens. Each of these principles is discussed in turn: the rule of law, separation of powers, representative democracy, supremacy of Parliament, limited and responsible government, and judicial review executive action by the courts.