bluuebunny/crossref_metadata_2025 huggingface dataset:
Lloyds Bank plc v Rosset [1991] 1 AC 107, House of Lords
Authors: Nair Aruna
Published: September 2021

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.
Thorner v Major [2009] UKHL 18, House of Lords
Authors: Nair Aruna
Published: September 2021

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thorner v Major [2009] UKHL 18, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal
Authors: Nair Aruna
Published: September 2021

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Baker v Craggs [2018] EWCA Civ 1126
Authors: Nair Aruna
Published: September 2021

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Baker v Craggs [2018] EWCA Civ 1126, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
National Provincial Bank v Ainsworth [1965] AC 1175, House of Lords
Authors: Nair Aruna
Published: September 2021

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in National Provincial Bank v Ainsworth [1965] AC 1175, House of Lords. The document also includes supporting commentary from author Aruna Nair.
AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords
Authors: Nair Aruna
Published: September 2021

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in AG Securities v Vaughan; Antoniades v Villiers [1990] 1 AC 417, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Berrisford Housing Co-operative v Mexfield [2011] UKSC 52, Supreme Court
Authors: Nair Aruna
Published: September 2021

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Berrisford Housing Co-operative v Mexfield [2011] UKSC 52, Supreme Court. The document also includes supporting commentary from author Aruna Nair.
Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal
Authors: Nair Aruna
Published: September 2021

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Hill v Tupper (1863) 159 ER 51, High Court (Exchequer Chamber)
Authors: Nair Aruna
Published: September 2021

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hill v Tupper (1863) 159 ER 51, High Court (Exchequer Chamber). The document also includes supporting commentary from author Aruna Nair.
Donoghue v Stevenson [1932] AC 562
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Donoghue v Stevenson [1932] AC 562. The document also included supporting commentary from author Craig Purshouse.
Mitchell and another v Glasgow City Council [2009] UKHL 11
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Mitchell and another v Glasgow City Council [2009] UKHL 11. The document also included supporting commentary from author Craig Purshouse.
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. The document also included supporting commentary from author Craig Purshouse.
Bonnington Castings Ltd v Wardlaw [1956] AC 613
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bonnington Castings Ltd v Wardlaw [1956] AC 613. The document also included supporting commentary from author Craig Purshouse.
Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32. The document also included supporting commentary from author Craig Purshouse.
Tuberville v Savage (1669) 1 Mod Rep 3, 86 ER 684
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tuberville v Savage (1669) 1 Mod Rep 3, 86 ER 684. The document also included supporting commentary from author Craig Purshouse.
Barclays Bank Plc v Various Claimants [2020] UKSC 13
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v Various Claimants [2020] UKSC 13. The document also included supporting commentary from author Craig Purshouse.
Pennington v Waine [2002] EWCA Civ 227, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pennington v Waine [2002] EWCA Civ 227, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437, Court of Appeal. 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 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Murad v Al-Saraj [2005] EWCA Civ 959, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murad v Al-Saraj [2005] EWCA Civ 959, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Crédit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crédit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Barclays Bank Plc v O’Brien [1994] 1 AC 180, House of Lords
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v O’Brien [1994] 1 AC 180, House of Lords. The document also includes supporting commentary from author Derek Whayman.
American Cyanamid Co v Ethicon Ltd (No 1) [1975] AC 396, House of Lords
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision American Cyanamid Co v Ethicon Ltd (No 1) [1975] AC 396, House of Lords. The document also includes supporting commentary from author Derek Whayman.
R v MD [2004] EWCA Crim 1391, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

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 MD [2004] EWCA Crim 1391, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Woollin [1999] 1 AC 82, House of Lords
Authors: Herring Jonathan
Published: September 2021

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 Woollin [1999] 1 AC 82, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R (Conway) v Secretary of State for Justice [2017] EWCA Civ 275, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Conway) v Secretary of State for Justice [2017] EWCA Civ 275, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
White and Carter (Councils) Ltd v McGregor [1962] AC 413
Authors: Jackson Nicola
Published: September 2021

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.
Donoghue v Poplar Housing and Regeneration Community Association Limited and another [2001] EWCA Civ 595, Court of Appeal
Authors: Webb Thomas E.
Published: September 2021

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, 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.
8. Books, journals, and official publications
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter describes the role of books (student textbooks, cases and materials books, monographs, practitioners’ books, legal encyclopaedias and digests, dictionaries, revision guides), journals (general journals, specialist journals, practitioner journals, foreign journals), and official publications (Command Papers, bills, parliamentary papers, parliamentary debates, Law Commission reports) among the secondary sources which may be encountered during legal studies.
11. Writing skills
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter outlines the elements of good written English with particular emphasis on the way that language is used in academic legal writing. It includes sections on language, grammar, and punctuation as well as practical guidance on matters such as selecting quotations and writing in a concise manner so as to keep within the word limit.
12. Legal reasoning and ethics
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter provides an introduction to legal reasoning. It first outlines the skills to analyse how judges decide cases. There are various points of view that judges can (and do) take in deciding the outcomes of cases, so the chapter introduces some of the theory behind judicial reasoning before moving on to show how judges reason in practice, how one case can give rise to multiple judgments, and the importance of legal ethics.
14. Essay writing
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter focuses on essay writing. Earlier sections of the book outlined techniques for locating and understanding primary and secondary legal sources. The chapter builds upon those skills by exploring the ways that this source material can be used in coursework. It guides students through the stages of planning, research, and construction of an essay, with practical advice on interpreting the question and producing a structured response that demonstrates the required skills and knowledge.
3. Special duty problems: omissions and acts of third parties
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter discusses the problem of when a duty of care arises in respect of negligent omissions, or for the actions of a third party. The common law takes the view that it would be too great a burden to impose liability upon a person for a mere omission, or for the actions of others. Despite this, duties can in fact be imposed in various ways, all of which focus on the reliance of the claimant upon the defendant. This can come about either by the previous conduct of the defendant, which induces reliance by the claimant that the defendant will continue to act in that way, or by reliance which comes out of a relationship of dependence between the parties. As regards third parties, a duty may arise where the defendant has control over or responsibility for the third party’s actions.
16. Trespass to land and nuisance
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter considers two ‘land torts’: trespass to land and private nuisance. Trespass to land protects a person in possession of land against direct invasion of his property. The right to sue includes not only those with a proprietorial interest in the land, such as owners and tenants, but also those who have exclusive occupation such as squatters. The fact that any invasion of land, however minute and whether it causes damage or not, is a trespass, indicates that the primary function of this tort is to protect rights in property, rather than simply to provide compensation. The chapter continues by distinguishing between public and private nuisance. It then discusses the interests protected in private nuisance; the standard of reasonable user; the person(s) liable for nuisance; remoteness of damage; statutory authority and planning permission; and the effect of the Human Rights Act 1998 on nuisance claims.
17. Actions under Rylands v Fletcher
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter first looks at the idea of there being a form of strict liability for the escape of things brought onto and kept on land, arising from the case of Rylands v Fletcher. It continues by looking at the concept of ‘adopting a nuisance’; that is, allowing a nuisance on land to continue or failing to remove a natural hazard on land that ought to have been removed or been attended to, for example in order to prevent a one-off escape. Cases in this area have led to the existence of a ‘measured duty of care’, seemingly bringing the land torts closer to negligence.
18. Vicarious liability
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

Vicarious liability is a system whereby an employer is liable for the torts of his employees committed in the course of employment. The principle of placing liability on the employer as well as upon the individual tortfeasor is mainly justified by the concept of loss distribution; that is, that the employer will usually be better able to distribute the loss, either through insurance or through his customers. This chapter begins with a definition of an employee. It then discusses the liability of the employee; how an employer is liable for the torts of his employee only if the act is committed ‘in the course of his employment‘; and liability for independent contractors.
3. The law of treaties
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT), no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, ie the steps from the negotiation until the entry into force of the treaty; the ‘life’, ie the interpretation and application of the treaty; and its ‘demise’, ie its termination. The two fundamental tenets are, on the one hand, the principle ‘pacta sunt servanda’ and, on the other, the principle of contractual freedom of the parties.
13. International criminal law
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter examines the fundamental concepts and notions of international criminal law, which is linked to other key areas of international law, particularly human rights, international humanitarian law, immunities, and jurisdiction. In particular, there is a focus on the concept of individual criminal responsibility under international law. The four core crimes are considered; namely, genocide, crimes against humanity, grave breaches of the 1949 Geneva Conventions, and the crime of aggression. Moreover, attention is paid to two unique forms of participation in international crimes, namely, command responsibility and joint criminal enterprise. Finally, the chapter addresses enforcement of international criminal law, particularly through international criminal tribunals, with an emphasis on the International Criminal Court (ICC).
1. The History and Constitutional Basis of the European Union
Authors: Foster Nigel
Published: September 2021

This chapter tries to set the context and provide an understanding of the historical basis of the EU, before looking in detail at its constitutional base. It considers the rationale for the EU, why it was established, what it is, and some of the difficulties encountered along that path to the present day and explains the use of the terms ‘European Union’ and ‘European Community’. The discussions cover the motives for European integration; the founding of the European Communities; the basic objectives and nature of the European Union; the widening and deepening of the Communities and Union; and future developments and conclusions.
5. The Supremacy of EU Law
Authors: Foster Nigel
Published: September 2021

This chapter examines the supremacy of EU law from both the point of view of the Union, as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only in so far as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions.
8. The Free Movement of Goods
Authors: Foster Nigel
Published: September 2021

The free movement of goods is essential to the creating and running of the customs union and the common market, and provides the infrastructure for the rest of the Union. This chapter discusses EU law on the free movement of goods. It covers legislative provisions; progress towards the treaty goals; integration methods; the establishment of the internal market; the prohibition of discriminatory taxation; a summary on tariff barriers; quantitative restrictions and measures having equivalent effect; the ban of Art 34 TFEU and derogations of Art 36 TFEU; equally applicable measures (indistinctly applicable measures); and notable cases, including Dassonville, Cassis de Dijon, Keck, and Mithouard.
11. The Changing Relations of the UK with the EU
Authors: Foster Nigel
Published: September 2021

The history of the relationship between the United Kingdom and the European Union from its beginning has been, if nothing else, a very vacillating one, and even at the beginning, the UK was a ‘reluctant’ partner in the European project. This chapter will outline the changing legal and political relationship before, during, and after ‘Brexit’, as the negotiations for the UK’s withdrawal from the European Union (EU) came to be known. The departure, on 31 January 2020, and complete separation on 31 December 2020, placed the UK as a third country to the EU as regards its new trading relationship, is also considered.
10. The Legal Position of Children
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter charts the changing legal position of children. It starts by considering the former importance of the status of legitimacy and its near complete abolition. It then discusses the changing nature of the parent–child relationship and the development of the law from paternal authority to shared parental responsibility. Finally the chapter considers the developing notion of children’s autonomy and independent rights which has both limited the scope of legitimate parental authority and emphasised that the interests of children are a matter of public, as well as private, concern. This latter point is well illustrated by the growing importance of the role of the Children’s Commissioner.
13. Who has Parental Responsibility?
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

Having considered the content of parental responsibility in chapter 12, this chapter turns to its allocation. The chapter starts by explaining the allocation of parental responsibility automatically at the child’s birth and through registration on the birth certificate. It then turns to consider applications by unmarried, unregistered fathers for parental responsibility orders. The acquisition of parental responsibility by non-parents, including step-parents and local authorities is then outlined. Finally, it discusses the question of shared parental responsibility and how that responsibility may be exercised in the case of disagreement.
8. Parenthood and Parental Responsibility
Authors: Morgan Polly
Published: September 2021

In the past, the identity of a child's mother was always clear. However, thanks to reproductive technologies, a woman can gestate, nourish, and give birth to a child to whom she is not genetically connected. In addition, a person can be legally male and conceive, carry, and give birth to a child. The law has had to adapt to these circumstances. This chapter looks at how the law has defined parentage. It considers reproductive technologies and the various permutations of conception that exist today. It then turns to parental responsibility before concluding by looking at the position of unmarried fathers.
10. Private Law Decisions about Children
Authors: Morgan Polly
Published: September 2021

Parents and caregivers are constantly making decisions about the upbringing of children in their care. This chapter looks at how courts go about doing what is best for the child or children in question in any given case. It considers examples of case work and common types of application that come before the court. In particular, it looks at applications about where a child should live and when they should spend time with a non-resident parent. The chapter ends by looking at cases involving relocation across jurisdictions and child abduction.
2. What is ‘crime’?
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter discusses what crime is. No matter how universally its ideas and regulations are accepted, it is important to understand and not lose sight of the fact that crime is a social construct. Because crime is socially constructed, ideas of unacceptable and criminal behaviour alter across cultures and over time. Many suggest that what is known as the ‘harm principle’ might be the best standard by which we should decide whether an activity should be criminal. This principle holds that if conduct is not harmful to others it should not be criminal, even if others strongly dislike it. The chapter also looks at the concept of deviance and identifies: what kinds of activities are disapproved of (seen as deviant) and why; which of these are criminalised and why; what the criminal law may reveal about society and what matters to it.
8. Hate crime
Authors: Nurse Angus , Walters Mark
Published: September 2021

This chapter addresses hate crimes, which are complex, as these offences can be linked to both personal gain or even profit, as well as concepts such as ‘difference’ and ‘othering’. This area of criminology came about primarily because the civil rights movements in the US and the UK raised the profile of racist and (later) homophobic violence so that they became important political and social issues. The chapter looks at a range of different types of hate crime, including offences based on prejudice towards victims because of their disability, race or ethnicity, religion or beliefs, sexual orientation, and gender identity. It also identifies some of the factors that can affect these offences in ways that are not immediately obvious. These elements include the influence politicians can have, especially when using language that excludes minority groups and portrays them as a threat to the public or as somehow being ‘Other’ (different and arguably not to be trusted).
18. Critical criminology
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter investigates critical criminology. The strands that are widely regarded as most important in the development of critical criminology are labelling perspectives, Marxist-inspired critical theories, power perspectives, and feminist perspectives. The ideas and insights contained within these theories inspired and prepared the ground for more recent developments in the field, including cultural criminology and convict criminology. Critical criminology not only suggests that we make small alterations to criminal justice systems; instead, it requires us to question everything we think we ‘know’ about these systems and the societies and communities in which we live. It questions how and why we control behaviour, looks at power from the perspective of the oppressed or the powerless, and suggests alternative narratives that should be part of our accepted knowledge base.
21. Integrated theories of crime
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter assesses how crime can be explained in ways that integrate ideas from more than one theory. Integrated theories have merged ideas, explanations, and arguments from more than one theory within a school of theories and even across different schools, thus they may also be called multi-factor or hybrid theories. The chapter begins with an exploration of integrated positivist theories, which can be divided into two main groups: sociobiological theories and social control theories. It then moves on to examine integrated risk factor theories, which can also be divided into two main groups: artefactual risk factor theories and enhanced pathways risk factor theories. The chapter concludes by revisiting the role, context, and influence of integrated theories in the evolution of theories in criminology.
24. Criminal justice institutions
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter explores the criminal justice institutions. In practice, the criminal justice system contains five distinct institutions that are responsible for delivering justice: the police, the Crown Prosecution Service (known as the CPS), the courts, probation providers, and prisons. Although they are all part of one overall system, each has different aims, roles, and challenges. Theoretically, the fact that these bodies are all accountable to the separation of powers concept should bring some unity in that it gives Parliament, the independent judiciary, and central government opportunities to shape the system to align with their version of justice. The government can exert considerable influence through the work of the Ministry of Justice or MoJ. The MoJ is currently the most important governmental agency in the criminal justice system, but the larger and more powerful Home Office is also involved to an extent, mainly with the police.
Article 101(1)
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter discusses Article 101(1) of the Treaty of Functioning of the European Union (TFEU), which prohibits agreements, decisions by associations of undertakings, and concerted practices that restrict competition. It begins by explaining the meaning of ‘undertakings’ and ‘associations of undertakings’. It then considers what is meant by the terms ‘agreements’, ‘decisions’, and ‘concerted practices’, as well as what is meant by the phrase ‘have as their object or effect the prevention, restriction, and distortion of competition’. The chapter then deals with the de minimis doctrine, before explaining the requirement of an effect on trade between Member States. The chapter concludes with a checklist of agreements that, for a variety of reasons, normally fall outside Article 101(1).
Article 101(3)
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter examines Article 101(3) of the Treaty of Functioning of the European Union (TFEU). Article 101(3) provides a ‘legal exception’ to the prohibition in Article 101(1) by providing that it may be declared inapplicable in respect of agreements, decisions or concerted practices, or of categories of agreements, decisions or concerted practices, that satisfy four conditions. After making some preliminary comments on the application of Article 101(3), this chapter discusses the four conditions in Article 101(3). It then considers the implications of Regulation 1/2003 for undertakings and their professional advisers, and in particular their need to ‘self-assess’ the application of Article 101(3) to agreements. The final section of this chapter describes the system of so-called ‘block exemptions’.
The obligations of Member States under the EU competition rules
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter examines the obligations of Member States in relation to EU competition law. Specifically, it considers the obligations that Article 4(3) TEU and Articles 37 and 106 TFEU place upon Member States. Article 4(3) requires all Member States to take all appropriate measures to ensure fulfilment of the obligations arising out of the Treaties, and to avoid any measure which could jeopardise the attainment of the EUs objectives. Article 106 particularly obligates Member States to refrain from enacting or maintaining measures, contrary to the rules provided in Article 18 and Articles 101 to 109 of the TFEU. Article 37 is concerned with state monopolies of a commercial character.
Articles 101 and 102: public enforcement by the European Commission and national competition authorities under Regulation 1/2003
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter explains the public enforcement of Articles 101 and 102 by European Commission and the national competition authorities under Regulation 1/2003. It begins by describing the Commission’s powers of investigation and enforcement, including its power to accept commitments, its leniency programme, the cartel settlement procedure, and its power to impose financial penalties. It then discusses the operation of Regulation 1/2003 in practice, with particular reference to the European Competition Network (‘the ECN’) that brings together the Commission and the national competition authorities of the Member States (‘the NCAs’) and the ECN+ Directive that strengthens the powers of the NCAs. The chapter concludes by providing a brief account of judicial review of the Commission’s decisions.
Articles 101 and 102: private enforcement in the courts of Member States
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter describes the private enforcement of competition law, that is to say the situation where litigants take their disputes to a domestic court or, quite often, to arbitration. It will deal with the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also describes private actions for damages and injunctions in the High Court and the UK Competition Appeal Tribunal. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.
Competition Act 1998 and the cartel offence: public enforcement and procedure
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter describes the system of public enforcement under the Competition Act 1998. This chapter begins with a consideration of the way in which inquiries and investigations are carried out under the Competition Act. It briefly considers the position of complainants to the CMA, followed by a discussion of the extent to which it may be possible to receive guidance from the CMA on the application of the Act. The chapter then describes the powers of the CMA to enforce the Competition Act, the criminal law cartel offence and the provisions on company director disqualification. It concludes with a discussion of concurrency, appeals under the Competition Act and the Government’s review of the operation of the Competition Act between 2014 and 2019.
Enterprise Act 2002: market studies and market investigations
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter describes the UK system of market studies and market investigation references. It begins by describing the CMA’s ‘general function’ of gathering information about markets, followed by an explanation of what is meant by a ‘super-complaint’. It then examines the purpose, procedure and outcomes of market studies, including the various outcomes that are possible. Market studies sometimes lead to market investigation references, though, as explained later, there are several other possible outcomes of a market study. The chapter describes the making and determination of analyses the market investigation provisions references under Part 4 in of the Enterprise Act 2002. Having briefly considered public interest cases, enforcement and other supplementary matters, the chapter discusses how the market investigation provisions have been working work in practice. The final section of the chapter briefly refers to the enforcement and review of undertakings and orders still in force under the monopoly provisions in the former Fair Trading Act 1973.
Horizontal agreements (2): oligopoly, tacit collusion and collective dominance
Authors: Whish Richard , Bailey David
Published: September 2021

Oligopoly exists where a few firms between them supply all or most of the goods or services on a market without any of them having a clear ascendancy over the others. The purpose of this chapter is to examine whether oligopoly presents a particular problem for competition policy and, if so, how that problem should be overcome. The chapter discusses the theory of oligopolistic interdependence and how oligopolies can lead to a well-known problem for competition law and policy: oligopolists are able, by virtue of the characteristics of the market, to behave in a parallel manner and to derive benefits from their collective market power without, or without necessarily, entering into an agreement or concerted practice of the kind generally prohibited by competition law. This phenomenon is known in economics as ‘tacit collusion’ and is the result of each firm’s individual and rational response to market conditions. The chapter identifies possible ways of dealing with the ‘oligopoly problem’, before considering the extent to which Articles 101 and 102 can be used to address that problem. The chapter also discusses UK law and, in particular, the possible use of the market investigations to address market failure that may arise in oligopolies.
Horizontal agreements (3): cooperation agreements
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter is concerned with horizontal cooperation agreements which the competition authorities in the EU and the UK may be prepared to countenance. There may be circumstances in which competitors cooperate with one another in a way that delivers economic benefits, not just for themselves, but for consumer welfare as well. After a discussion of joint ventures, the chapter discusses the application of Article 101 to horizontal cooperation agreements. It refers, in particular, to the European Commission’s Guidelines on Horizontal Cooperation Agreements and discusses, in turn, information exchange, research and development agreements, production agreements, purchasing agreements, commercialisation agreements, standardisation agreements, sustainability agreements and other cases of permissible horizontal cooperation. It concludes with a brief look at the treatment of horizontal cooperation agreements under UK competition law.
Abuse of dominance (2): pricing practices
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter considers abusive pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It first discusses various cost concepts used in determining whether a price is abusive. It then deals in turn with excessive pricing; conditional rebates; bundling; predatory pricing; margin squeeze; price discrimination; and practices that are harmful to the single market. This taxonomy is over-schematic, in that the categories overlap with one another: for example price discrimination may be both exploitative and exclusionary, and an excessively high price may in reality be a way of preventing parallel imports or of excluding a competitor from the market; nevertheless this division may provide helpful insights into the way in which the law is applied in practice. In each section the application of Article 102 by the European Commission and by the EU Courts will be considered first, followed by cases in the UK. Reference will be made where appropriate to the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings.
The relationship between intellectual property rights and competition law
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter considers the relationship between intellectual property rights and competition law. After a brief introduction, it deals in general terms with the application of Article 101 to licences of intellectual property rights. The chapter proceeds to discuss the provisions of Regulation 316/2014, the block exemption for technology transfer agreements. It also considers the application of Article 101 to various other agreements concerning intellectual property rights such as technology pools and settlements of litigation. This is followed by a section on the application of Article 102 to the way in which dominant undertakings exercise their intellectual property rights, including an examination of the controversial subject of refusals to license intellectual property rights which are sometimes found to be abusive. The chapter concludes with a look at the position in UK competition law.
Mergers (2): EU law
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter examines EU merger control. The chapter is organized as follows. Section 2 provides an overview of EU merger control. Section 3 discusses the jurisdictional rules which determine whether a particular merger should be investigated by the European Commission in Brussels or by the national competition authorities (‘the NCAs’) of the Member States. Section 4 deals with the procedural considerations such as the mandatory pre-notification to the Commission of mergers that have a Union dimension and the timetable within which the Commission must operate. Section 5 discusses the substantive analysis of mergers under the EU Merger Regulation (EUMR), and section 6 explains the procedure whereby the Commission may authorise a merger on the basis of commitments, often referred to as remedies, offered by the parties to address its competition concerns. The subsequent sections describe the Commission’s powers of investigation and enforcement, judicial review of Commission decisions by the EU Courts and cooperation between the Commission and other competition authorities, both within and outside the EU. The chapter concludes with an examination of how the EUMR merger control provisions work in practice.
5. The Scope of the Convention
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines the scope of the provisions of the European Convention on Human Rights (ECHR). In particular, it explores the temporal scope of the European Convention, as well as the Contracting States’ liability for the acts of State-owned enterprises and State agents, and for the acts of international organisations. It discusses the concept of jurisdiction in Article 1 of the Convention, examining the Court’s case-law on extraterritorial jurisdiction and Contracting States’ jurisdiction over breakaway or autonomous regions. The chapter highlights the centrality of Article 1 to the multilevel system of protection set in place by the ECHR and identifies a number of future problems which may arise as a result of globalisation and technological advancement.
7. The Right to an Effective Remedy
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines the issue of remedy under the provisions of the European Convention on Human Rights (ECHR), addresses the question concerning the existence of an arguable complaint and the effectiveness of the remedy in the national legal order, and considers proceedings in cases involving violations by persons in an official capacity. It also discusses the approach of the Strasbourg Court in the determination of remedies and the increasing use of Article 13 to tackle repetitive cases by requesting respondent States to create remedies so that the complaints can be dealt with at national level.
11. Personal Liberty and Security
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines the provisions of the European Convention on Human Rights on personal liberty and security, and discusses the provisions of Article 5, which aims to guarantee liberty of the person and to provide guarantees against arbitrary arrest or detention. It explains what amounts to a deprivation of liberty and considers the concept of arbitrariness. The chapter also criticises the rather confused and unclear text of Article 5, examining each part of Article 5 and discusses the interpretation of the Court of this Article in its judgments. This includes the Court’s approach to detention on grounds provided for in the Article such as mental health and detention for the purposes of removal from the State.
18. Freedom of Expression
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved privacy, incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.
22. The Right to Free Elections
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines the protection of the right to free elections in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 3 of Protocol 1 and highlights the increasing number of complaints of violations of this Article, which indicates that the Strasbourg Court is giving fresh emphasis to this provision as essential to the foundations of democratic legitimacy of the State. The chapter also discusses case-law on the nature of the legislature, the requirements of Article 3 in relation to the choice of electoral systems, the right to vote, and the right to stand for election.
1. History and sources of immigration law
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter begins with a brief history of immigration law in the UK, focusing on the key legislative developments and noting the themes which arise in that history. Twenty-first-century legislation is discussed in more detail, observing the trends of increasing restriction on those seeking asylum and reduction of appeal rights for all migrants. The tension between the executive and judiciary is noted as a background to much of the development. The chapter concludes with the sources of immigration law, including the immigration rules and policies, and explains that immigration law is not, as was once thought, founded in the prerogative.
7. Challenging decisions: appeals, administrative and judicial review
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter discusses the development of the current structure of the appeals bodies—the Appeal Tribunal and the Special Immigration Appeals Commission (SIAC)—and their procedure. It sets out the limited rights of appeal following the implementation of the Immigration Act 2014. It has sections on administrative review and judicial review. The chapter also considers whether there is a right to a fair hearing in immigration and asylum decisions. It concludes with a section on immigrants and asylum seekers’ access to legal representation, including funding.