bluuebunny/crossref_metadata_2025 huggingface dataset:
Methylation-Associated Nucleosomal Patterns of Cell-Free DNA in Cancer Patients and Pregnant Women
Authors: Zhu Guanhua , Jiang Peiyong , Li Xingqian , Peng Wenlei , Choy L Y Lois , Yu Stephanie C Y , Zhou Qing , Ma Mary-Jane L , Kang Guannan , Bai Jinyue , Qiao Rong , Deng Chian Xi Shirley , Ding Spencer C , Lam Wai Kei Jacky , Chan Stephen L , Lau So Ling , Leung Tak Y , Wong John , Chan K C Allen , Lo Y M Dennis
Published: August 2024

Background

Cell-free DNA (cfDNA) analysis offers an attractive noninvasive means of detecting and monitoring diseases. cfDNA cleavage patterns within a short range (e.g., 11 nucleotides) have been reported to correlate with cytosine-phosphate-guanine (CpG) methylation, allowing fragmentomics-based methylation analysis (FRAGMA). Here, we adopted FRAGMA to the extended region harboring multiple nucleosomes, termed FRAGMAXR.

Methods

We profiled cfDNA nucleosomal patterns over the genomic regions from −800 to 800 bp surrounding differentially methylated CpG sites, harboring approximately 8 nucleosomes, referred to as CpG-associated cfDNA nucleosomal patterns. Such nucleosomal patterns were analyzed by FRAGMAXR in cancer patients and pregnant women.

Results

We identified distinct cfDNA nucleosomal patterns around differentially methylated CpG sites. Compared with subjects without cancer, patients with hepatocellular carcinoma (HCC) showed reduced amplitude of nucleosomal patterns, with a gradual decrease over tumor stages. Nucleosomal patterns associated with differentially methylated CpG sites could be used to train a machine learning model, resulting in the detection of HCC patients with an area under the receiver operating characteristic curve of 0.93. We further demonstrated the feasibility of multicancer detection using a dataset comprising lung, breast, and ovarian cancers. The tissue-of-origin analysis of plasma cfDNA from pregnant women and cancer patients revealed that the placental DNA and tumoral DNA contributions deduced by FRAGMAXR correlated well with values measured using genetic variants (Pearson r: 0.85 and 0.94, respectively).

Conclusions

CpG-associated cfDNA nucleosomal patterns of cfDNA molecules are influenced by DNA methylation and might be useful for biomarker developments for cancer liquid biopsy and noninvasive prenatal testing.
Poly-ether-ether-ketone (PEEK) versus dead-soft coaxial bonded retainers: a randomized clinical trial. Part 1. Stability, retainer failure, and participant satisfaction
Authors: Jasim Esraa Salman , Kadhum Ammar Salim
Published: August 2024

Background

Poly-ether-ether-ketone (PEEK) was introduced in dentistry as an alternative to metal alloys.

Objective

To assess the effectiveness of PEEK-fixed retainers in preserving the stability of mandibular anterior and participant satisfaction as compared to the Dead-soft coaxial fixed retainer (DSC).

Trial design

A single-centre, two-arm parallel groups randomized clinical trial.

Methods

The patients treated with pre-adjusted orthodontic appliances who have a Little’s Irregularity Index (LII) ≤ 0.5 mm have been enrolled in the trial. PEEK retainers were prepared to round 0.8 mm wire by computer-aided design and manufacturing, and the DSC wire was carefully adapted to the lingual surface of the lower anterior teeth. The primary outcome was the stability of lower anterior teeth as assessed by LII, while the secondary outcomes were changes in occlusal parameters, retainer failure, and patient satisfaction. The data were collected at the debonding stage (T0), 1 month (T1), 3 months (T3), and 6 months (T6) after starting the trial, except for patient’s satisfaction, which was recorded using an electronic form at T1 and T6.

Blinding

Single blinding of participants.

Results

A total of 46 participants with an age range of 12–28 years old were randomly allocated to the two groups (n = 23 in each). Only one participant dropped out; therefore, 45 participants were analysed. The DSC group showed a significant increase in LII at T3. Both retainer groups had comparable occlusal measurements, failure frequency, and survival time, with no significant difference. The patients in the DSC group reported a statistically significant perception of change in the position of their teeth compared to those in the PEEK group.

Harms

No harmful effects have been reported.

Limitations

Limited follow-up duration and the inability to blind the operator due to the nature of the intervention.

Conclusions

After 6-month retention, the PEEK retainer was equally effective to DSC retainers in maintaining the teeth alignment, with no significant differences regarding the failure frequency, survival rate, and general patient satisfaction.

Trial registration

https://register.clinicaltrials.gov. (NCT05557136).
Association between planetary health diet and cardiovascular disease: a prospective study from the UK Biobank
Authors: Sotos-Prieto Mercedes , Ortolá Rosario , Maroto-Rodriguez Javier , Carballo-Casla Adrián , Kales Stefanos N , Rodríguez-Artalejo Fernando
Published: August 2024

Aims

The Planetary Health Diet Index (PHDI) prioritizes the well-being of both individuals and the planet but has yielded mixed results on cardiovascular disease (CVD). The aim of this study was to assess the association between the PHDI and risk of CVD.

Methods and results

A cohort of 118 469 individuals aged 40–69 years from the UK Biobank, who were free of CVD at 2009–12 and followed up to 2021. The PHDI was calculated using at least two 24-h dietary assessments and included 14 food groups, with a possible range from 0 to 130 points. Cardiovascular disease incidence was defined as primary myocardial infarction or stroke and obtained from clinical records and death registries. During a 9.4-year follow-up, 5257 incident cases of CVD were ascertained. When comparing the highest (89.9–128.5 points) vs. the lowest (21.1–71.1 points) quartile of PHDI adherence, the multivariable-adjusted hazard ratio [95% confidence interval (CI)] was 0.86 (0.79, 0.94) for CVD, 0.88 (0.80, 0.97) for myocardial infarction, and 0.82 (0.70, 0.97) for stroke. The association was linear until a plateau effect was reached at 80 points of adherence to PHDI. Results remained robust when excluding participants with type 2 diabetes, including only those with three or more diet assessments, or excluding CVD cases in the first 3 years of follow-up. The food group components of the PHDI more strongly associated with a reduced CVD risk were higher consumption of whole grains, whole fruits, and fish and lower consumption of added sugars and fruit juices.

Conclusion

In this large cohort of middle-aged and older British adults, adherence to the PHDI was associated with a lower risk of CVD. These results provide empirical evidence that this dietary pattern, thought to be environmentally sustainable, benefits cardiovascular health.
Digest: Large-effect loci involved in maturation timing affect the early survival of Atlantic salmon
Authors: Auclert Lisa Zoé , Pierro Daniela , Cerpa Águila Felipe
Published: August 2024

How might variations in genomic regions that impact many traits modulate fitness across different life stages? Aykanat et al. (2024) show that two large-effect loci associated with age at maturity, six6 and vgll3, impact the survival of wild Atlantic salmon (Salmo salar) through nutrient-dependent, indirect genetic effects. Specifically, the late maturation allele in parental vgll3, and the early maturation allele in maternal six6, increase survival in early life under high nutrient conditions.
Mitochondrial DNA of the Demosponge Acanthella acuta: Linear Architecture and Other Unique Features
Authors: Ahmed Momin , Kayal Ehsan , Lavrov Dennis V
Published: August 2024

While Acanthella acuta Schmidt 1862, a common demosponge found in the Mediterranean Sea and Atlantic Ocean, is morphologically similar to other sponges, its mitochondrial DNA (mtDNA) is unique within the class. In contrast to all other studied demosponges, the mtDNA of A. acuta is inferred to be linear and displays several unusual features such as inverted terminal repeats, group II introns in three mitochondrial genes, and two unique open reading frames (ORFs): one of which (ORF1535) combines a DNA polymerase domain with a DNA-directed RNA polymerase domain, while the second bears no discernible similarity to any reported sequences. The group II intron within the cox2 gene is the first such intron reported in an animal. Our phylogenetic analyses indicate that the cox1 intron is related to similar introns found in other demosponges, while the cox2 intron is likely not of animal origin. The two domains found within ORF1535 do not share a common origin and, along with the cox2 intron, were likely acquired by horizontal gene transfer. The findings of this paper open new avenues of exploration in the understanding of mtDNA linearization within Metazoa.
Measuring Cognitive Function In-Person and Remotely in Round 4 of the National Social Life, Health, and Aging Project
Authors: Pudelek Kelly , Schumm L Philip , Hanis-Martin Jennifer , Howe Melissa J K , Schwartzman Terese
Published: August 2024

Objectives

This paper describes the changes made to the collection of cognitive measures when the National Social Life, Health, and Aging Project (NSHAP) introduced remote modes of data collection.

Methods

In Round 4 (2021–2023), the longitudinal study transitioned from being conducted in-person to collecting data via multiple modes including in-person and remote modes: web, phone, and paper-and-pencil. The team began with the measures used in Rounds 2 and 3 of NSHAP—the survey-adapted Montreal Cognitive Assessment (MoCA-SA)—and evaluated which measures could be administered remotely, introducing new measures for each cognitive subdomain, as needed, to compensate for items that could not be administered remotely.

Results

Cognitive items used in Rounds 2 and 3 that could not be administered remotely were dropped from the respective modes, and items selected from the Rush Alzheimer’s Disease Center’s (RADC) global cognition battery were added as substitutes. For comparison, the RADC substitute items were added to the in-person mode making it longer in Round 4.

Discussion

The changes in cognitive measures resulted in different numbers of cognitive items across the 4 modes of survey administration in Round 4. Analysts should be aware of these changes when creating a single global cognition score for the entire NSHAP sample in Round 4, and aware that there may be mode effects that could affect cognition scores.
1. Introduction to Public Law
Authors: Yuratich David
Published: August 2024

This introductory chapter provides an overview of public law. Public law refers to the relationship between citizens and the state and between the various institutions of the state. Public law is divided into constitutional law and administrative law, which are interconnected and concerned with the control of state powers. The chapter then discusses the basic features of the UK’s constitution, including both legal and political forms of constitutionalism. The chapter notes that the UK’s constitution has developed over time, explains its uncodified nature, and describes the various sources of constitutional law practice, including legislation, judicial decisions, conventions, and the Ministerial Code.
15. Administrative Justice and Accountability
Authors: Yuratich David
Published: August 2024

This chapter focuses on key methods of administrative justice and accountability: tribunals, ombudsmen, and public inquiries. It explains that the administrative justice system refers to all the processes ensuring that public bodies make decisions lawfully, fairly, and consistently with principles of good government. Regardless of its different definitions, administrative justice ensures the fair and effective operation of public services. It sets out the function of tribunals and public inquiries in monitoring the state’s fulfillment of its responsibilities to the public, and notes that regardless of their differences, tribunals, ombudsmen, and inquiries all provide ways of holding the executive to account for their actions.
1. A Short History of International Law
Authors: Neff Stephen C
Published: August 2024

This chapter presents a brief history of international law. It proceeds chronologically, beginning with an overview of the ancient world, followed by a more detailed discussion of the great era of natural law in the European Middle Ages. The classical period (1600–1815) witnessed the emergence of a dualistic view of international law, with the law of nature and the law of nations coexisting (more or less amicably). In the nineteenth century—the least-known part of international law—doctrinaire positivism was the prevailing viewpoint, though not the exclusive one. For the interwar years, developments both inside and outside the League of Nations are considered. The chapter concludes with some historically oriented comments on international law during the post-1945 period.
3. Voyaging towards Ithaca: Thinking about International Legal Theory
Authors: Scobbie Iain
Published: August 2024

This chapter explores different aspects of international legal theory. It does not claim to be comprehensive but rather discusses a range of conceptual approaches to international law in a comparative and integrated fashion. It first examines the concept and role of theory, then notes that there are diverse conceptual explanations of international law which embody different initial viewpoints and presuppositions about its nature and function. The chapter considers law’s relationship to language and emphasizes the historical roots and political dimensions of various theories of international law, noting that many focus on the role of consent in the international legal order and the centrality of the State and the licence this provides for States to pursue their preferred values. This is exemplified in the contrasting Cold War theories of the US New Haven school and Soviet legal theory. In contrast to these instrumentalist theories are those which question unqualified sovereignty which, for example, was expressed by influential twentieth-century British writers. Some contemporary scholars are even more critical of the idea of the State which focuses on Western thought and values, such as the Social Idealism of Philip Allott and the trans-civilizational perspective of Yasuaki Onuma.
14. The Relationship between International and National Law
Authors: Denza Eileen
Published: August 2024

This chapter examines the relationship between international and national law. It discusses the approach of international courts and tribunals; the approach of national parliaments and national courts; and some problems that arise in national courts. While prospects for a harmonized approach to the relationship between international and national law are dim, conflict can be avoided through the close involvement of international lawyers in the treaty-making and ratification process; attention at the time of ratification to implementation questions; the teaching of international law as part of the professional training of judges; and expert assistance to national courts when international law questions arise.
16. Issues of Admissibility and the Law on International Responsibility
Authors: Okowa Phoebe
Published: August 2024

This chapter examines the legal regime governing the admissibility of claims in international adjudication. Particular attention is paid to the modalities of establishing legal interest in respect of claims brought by States in their own right and on behalf of their nationals. The role of nationality is examined, including the problems posed by multiple nationalities, as is the difficulty of extending diplomatic protection to corporations and in relation to shareholder interests. The final section considers the ambit of the rule on exhaustion of local remedies and its effect on the admissibility of claims.
17. Countermeasures and Sanctions
Authors: White Nigel D
Published: August 2024

This chapter focuses on the issue of enforcement by means of non-forcible measures. Two legal regimes are considered: non-forcible countermeasures taken by States (countermeasures) and non-forcible measures taken by international organizations (sanctions). Discussions cover emergence of a restricted doctrine of countermeasures as the modern acceptable form of self-help; partial centralization of coercion in international organizations; problems within each of these regimes along with limitations placed upon their application; coexistence of countermeasures based on a traditional view of international relations, alongside post-1945 development of centralized institutional responses. State and institutional practices that lie between the basic right of a State to take countermeasures to remedy an internationally wrongful act, and the power of international organizations to impose sanctions in certain circumstances are discussed. Finally, the legality of continued use by States of non-forcible reprisals, retorsion, and wider forms of economic coercion; and collective countermeasures imposed either multilaterally or institutionally are considered.
26. International Criminal Law
Authors: Gaeta Paola
Published: August 2024

This chapter describes the characteristics of international criminal law as a branch of international law dealing with the criminal responsibility of individuals for international crimes. It begins by setting out the beginnings and subsequent development of this specialized branch of international law, then focuses on its inherent pluralism, which results from the multiple jurisdictions in which prosecution of individuals responsible for international crimes is possible. The chapter also discusses the main aspects of the definition of the so-called ‘core’ international crimes: aggression, war crimes, crimes against humanity, and genocide. It concludes by presenting the role of national jurisdictions in the prosecution of international crimes, and some of the challenges faced by international criminal courts and tribunals in fulfilling their mandates.
27. International Human Rights Law
Authors: Freedman Rosa
Published: August 2024

The international human rights project developed as a counterweight to the increasing power of the emerging modern State, establishing limits to State power over individuals. Despite nineteenth-century concern with a few discrete issues that nowadays fall within the human rights matrix, it was the UN Charter that started the modern system of international human rights law. The adoption of the International Bill of Human Rights framed human rights as an issue of general international law and paved the way for the establishment of human treaties and mechanisms to monitor compliance with and implementation of their provisions. From the 1960s onwards a substantial network of treaty-based and UN-Charter-based machinery has been developed to lend international protection for internationally recognized human rights. Three main categories of human rights have developed since that time. The bearers of human rights remain individuals and the duty to safeguard them remains with the State. Human rights are accepted, at least as a matter of law, to represent universal obligations. Foundational principles underlying all human rights include dignity and non-discrimination.
A Practical Approach to Civil Procedure
Authors: Sime Stuart
Published: August 2024

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The book provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2024 and the 164th Update. Changes incorporated into the new edition include:

• Replacement rules on case management

• Introduction of a new intermediate track

• Introduction of fixed recoverable costs for the fast and intermediate tracks, with a new chapter on fixed costs

• Churchill v Merthyr Tydfil County Borough Council on the compulsory use of ADR

• Increasing use of information technology in court processes

• Replacement rules on admissions

• Case law on the inter-relation between applications to set aside default judgments and the Denton guidelines on relief from sanctions

• Replacement rules on summary judgment

• Substantial changes to the rules on parties

• Changes to the rules on amendment

• Rule changes on Qualified One-Way Costs Shifting to over-rule the Supreme Court decision in Adelekun v Ho

• New Supreme Court decisions on trial processes

• Privy Council guidance on the requirements for Norwich Pharmacal orders
5. Pre-Action Protocols
Authors: Sime Stuart
Published: August 2024

This chapter discusses the pre-action protocols, which provide guidance on the exchange of information and evidence before proceedings are commenced. It covers the 17 pre-action protocols established by the Ministry of Justice; cases not covered by pre-action protocols; professional negligence pre-action protocol; personal injury protocol; different approaches to the appointment of experts; sanctions for non-compliance with protocols; the Road Traffic Act 1988; agreements with the Motor Insurers’ Bureau; and pre-action Part 36 offers.
7. Renewal of Process
Authors: Sime Stuart
Published: August 2024

After proceedings commence by issuing a claim form or other originating process, they must be brought to the attention of the defendants or respondents by service. Generally, originating process remains valid for the purpose of service for a period of four months. Service of proceedings marks a watershed in the litigation process. It is at this point that the defendant is put on formal notice that legal proceedings have been brought, and the time limit on service of proceedings is one which is relaxed with extreme caution. This chapter discusses periods of validity; power to renew; claims in respect of cargo carried by sea; multiple defendants; effect of stay; procedure on seeking an extension; and challenging an order granting an extension.
9. Personal Injury Claims under £25,000
Authors: Sime Stuart
Published: August 2024

Out of the estimated 850,000 personal injuries claims each year in the UK, about 650,000 cases arise from road traffic accidenets (RTAs), 80,000 are employer’s liability cases (EL), and 75,000 are public liability cases (PL). About 90 per cent of these are cases where the damages are estimated at below £25,000. This chapter discusses cases covered by the RTA and EL/PL protocols; the provisions of the RTA protocol; the process under the RTA protocol: claim notification, medical evidence and negotiation, and Part 8 claim to determine quantum; child settlement applications; fixed costs under the RTA and EL/PL protocols; and cases where parties can stop following the RTA or EL/PL protocols.
16. Fixed Costs
Authors: Sime Stuart
Published: August 2024

Fixed costs rules are intended to provide certainty on how much an unsuccessful party is likely to be ordered to pay to the successful party under a party and party costs order. They are also intended to keep costs down to proportionate levels. This chapter first discusses the fixed costs that apply to simple cases which are either undefended, or where summary judgment is entered. Its main discussion is on the fixed recoverable costs rules that apply in fast track and intermediate track claims. These depend on which track the case is on; its complexity band; how far the claim has progressed; and the value of the claim. There are particular rules that apply to noise-induced hearing loss claims.
20. Additional Claims under Part 20
Authors: Sime Stuart
Published: August 2024

This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a separate claim within the original claim.
23. Interim Applications
Authors: Sime Stuart
Published: August 2024

An order is a formal decision by the court granting a remedy or relief to a party, usually in the stages before the final determination of a case. Interim orders are sometimes made after the substantive hearing of a claim, and sometimes the relief granted at trial includes various types of orders. This chapter discusses pre-action interim remedies; obligation to apply early; applications with and without notice; interim hearings; summary determination of interim costs; and varying or revoking interim orders.
27. Small Claims Track
Authors: Sime Stuart
Published: August 2024

The Civil Procedure Rules 1998 (CPR) provide for the allocation of claims with a limited financial value to what is known as the small claims track. This is intended to provide a streamlined procedure with limited pre-trial preparation, with very restricted rules on the recovery of costs from the losing party, and without the strict rules of evidence. It is appropriate for the most straightforward types of cases, such as consumer disputes, accident claims where the injuries suffered are not very serious, disputes about the ownership of goods, and landlord and tenant cases other than claims for possession. This chapter discusses provisions of the CPR that do not apply; standard and special directions of the court; determination without a hearing; final hearings in small claims track cases; cost restrictions for claims allocated to the small claims track; and rehearings.
28. Fast and Intermediate Tracks
Authors: Sime Stuart
Published: August 2024

The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000–£25,000 monetary band that can be dealt with in a trial up to one day. The intermediate track is for claims with values between £25,000 and £100,000 that can be dealt with in trials up to three days. This chapter covers directions for cases allocated to the fast and intermediate tracks; typical timetables through to trial; agreed directions; varying the directions timetable; listing for trial; fast and intermediate track trials.
30. Striking Out, Discontinuance, and Stays
Authors: Sime Stuart
Published: August 2024

This chapter discusses striking-out orders, discontinuance, and stays in civil proceedings. Rule 3.4(2) of the Civil Procedure Rules 1998 (CPR) allows the court to strike out a statement of case if it appears to the court: that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or that there has been a failure to comply with a rule, practice direction, or court order. A party who realizes their case is doomed is often best advised to discontinue to prevent the accumulation of further costs, but often has to pay the costs of the other parties to date. Stays are temporary halts in proceedings, and can be granted for a range of reasons. A stay is normally lifted once the reason no longer applies.
31. Disclosure
Authors: Sime Stuart
Published: August 2024

The Civil Procedure Rules 1998 (CPR) require the parties to give advance notice to their opponents of all the material documentation in their control. This is done in two stages. At the first stage the parties send each other lists of documents, a process called ‘disclosure’. The second stage is ‘inspection’, which is the process by which the other side can request copies of documents appearing in the list of documents, typically with photocopies being provided by the disclosing party. This chapter discusses these processes. It covers lawyers’ and clients’ responsibilities; the stage when disclosure takes place; disclosure orders; standard disclosure; menu option disclosure; duty to search; list of documents; privilege; inspection; orders in support of disclosure; documents referred to in statements of case, etc.; admission of authenticity; and collateral use.
36. Offers to Settle
Authors: Sime Stuart
Published: August 2024

Part 36 of the Civil Procedure Rules 1998 (CPR) provides a means for a party to make a formal offer in settlement of the claim which will be treated as without prejudice for the purposes of liability and remedies, but which can be disclosed to the court on the question of costs. This chapter discusses offers to settle before the commencement of proceedings; making a Part 36 offer; acceptance of a Part 36 offer; rejections, counter-offers, and subsequent offers; withdrawal and amendment of Part 36 offers; failing to obtain judgment more advantageous than a Part 36 offer; advising on Part 36 offers; non-disclosure to judge; and Part 36 offers in appeals.
37. Sanctions
Authors: Sime Stuart
Published: August 2024

A court can impose sanctions to ensure that its case management directions and orders are complied with, and to retain control over the conduct of litigation. These range from adverse interim costs orders through to striking out the whole or part of the defaulting party’s statement of case. This chapter discusses sanctions for non-compliance with pre-action protocols, with the Civil Procedure Rules 1998 (CPR), and with directions; application for sanctions; non-compliance with an unless order; striking out; less serious immediate sanctions; extending time and correcting errors; and relief from sanctions and setting aside.
39. Trial
Authors: Sime Stuart
Published: August 2024

This chapter discusses the issues that need to be addressed in the period leading up to a trial. These include contacting witnesses to ensure their availability; obtaining witness summonses where appropriate; briefing trial counsel; agreeing and compiling trial bundles; and counsel preparing speeches, examination-in-chief, and cross-examination of witnesses.
43. Freezing Injunctions
Authors: Sime Stuart
Published: August 2024

This chapter discusses the rules on freezing injunctions. A freezing injunction is an interim order restraining a party from removing assets located within the jurisdiction out of the country, or from dealing with assets whether they are located within the jurisdiction or not. The order is usually restricted to assets not exceeding the value of the claim. The main purpose of a freezing injunction is to prevent the injustice of a defendant’s assets being salted away so as to deprive the claimant of the fruits of any judgment that may be obtained.
Company Law
Authors: Hannigan Brenda
Published: August 2024

Company Law brings clarity and analysis to the ever-changing landscape of this field. The text aims to capture the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides readers through all the major areas. The book is divided into five distinct parts covering corporate structure (including legal personality, attribution, and constitutional issues), corporate governance (including board composition, directors’ duties, and liabilities), shareholders’ rights and remedies (including membership rights regarding meetings and resolutions, shareholder petitions, and derivative claims), corporate finance (including share and loan capital), and corporate insolvency.
7. Board composition—appointment and removal of directors
Authors: Hannigan Brenda
Published: August 2024

This chapter discusses the appointment and removal of directors, including corporate directors, and especially considers the recently enacted requirements for identity verification on appointment and addresses the consequences of appointments where the individual’s identity has not been verified. It also considers directors’ remuneration. This chapter addresses the three classes of directors: the de jure director, the de facto director, and the shadow director. The chapter considers the behaviour which will result in being classified as a de facto or a shadow director, explores the extensive case law on these issues, and identifies the duties and liabilities which attach or potentially attach to each category.
9. Duty to act within constitution and powers
Authors: Hannigan Brenda
Published: August 2024

The Companies Act 2006 requires directors: to act in accordance with the constitution and to exercise powers only for the purposes for which they are conferred. This chapter focuses on s 171. Typically, all powers of management are vested in the board, but issues arise around the authority of individual directors too. The discussion covers the constitutional division of power within a company, the different types of authority and the statutory protection provided for third parties by CA 2006, s 40. A key constraint on directors’ power is the obligation to act only for a proper purpose in s 171(b) which has been the subject of important caselaw, including from the Supreme Court, which is discussed in detail.
14. Directors’ liabilities for breach of duty
Authors: Hannigan Brenda
Published: August 2024

This chapter focuses on the extent of a director’s civil liability for breach of fiduciary duty and the liability of third parties involved in some way in that breach of duty. The discussion considers liability for misapplying trust assets and the recovery of secret profits, commissions, and bribes. The chapter addresses the extent of the liability to reinstate the trust assets, to account for profits made, and to pay equitable compensation for loss caused by the breach of duty. There is also an account of the liability of third parties in dishonest assistance and knowing receipt. The chapter considers potential mitigations for directors in the form of equitable allowances, the scope for limitation defences, the role of indemnity provisions and insurance cover, and the possibility of applying to the court for relief.
7. Terms of the contract I
Authors: OʼSullivan Janet
Published: August 2024

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines issues related to the terms of the contract. It explains the distinction between terms and mere representations, and analyses the difference between signed and unsigned contracts in relation to the incorporation of express terms, including the L’Estrange v Graucob case. This chapter also considers the parol evidence rule and the modern contextual approaches to contractual interpretation. Finally, it considers implied terms, which can be implied by statute or by the courts, including the difference between implied terms in fact and at law, and introduces the developing concept of a relational contract.
8. Terms of the contract II: common law and statutory controls on unfair terms
Authors: OʼSullivan Janet
Published: August 2024

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines potentially unfair terms, including exemption clauses, in a contract. It considers the common law’s response to exemption clauses and other potentially unfair terms, and discusses statutory schemes to regulate them. It covers the Unfair Contract Terms Act 1977 (UCTA) which governs exemption clauses in non-consumer contracts, subjecting them to a requirement of reasonableness where the contract was made on standard terms. It also discusses in detail the Consumer Rights Act 2015 (CRA), which regulates terms in consumer contracts, prohibiting certain exclusion clauses completely and imposing a general test of fairness upon all terms apart from the core terms.
12. Unconscionable bargains
Authors: OʼSullivan Janet
Published: August 2024

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the concept of unconscionable bargains and the conditions under which it operates as a vitiating factor. It discusses the history of the court’s jurisdiction to give relief in cases of unconscionable bargains and explains the current scope of relief, considering the elements in modern case law on unconscionable bargains and the broader regime in certain other common law jurisdictions.
14. Frustration
Authors: OʼSullivan Janet
Published: August 2024

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of frustration, which can only be invoked where the parties have not allocated the risk of the relevant event in their bargain, such as by means of a force majeure clause. It explains that issues of frustration arise where circumstances change radically after the contract has been entered into, which show that an assumption held by both parties at the time of contracting no longer applies. It analyses the effects of frustration at common law and discusses the current test for frustration, as evidenced in emerging case law from the Covid-19 pandemic. This chapter also considers the provisions of the Law Reform (Frustrated Contracts) Act 1943.
18. Remedies III: other non-compensatory or exceptional remedies
Authors: OʼSullivan Janet
Published: August 2024

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines non-compensatory remedies for breach of contract. It analyses why a non-compensatory remedy can be desirable and discusses the four types of non-compensatory remedies. These include restitution for total failure of basis, forfeiture of deposits, negotiating damages, disgorgement, and punitive damages.
1. Introduction
Authors: McKendrick Ewan
Published: August 2024

This introductory chapter begins by setting out the book’s three principal aims: to provide an exposition of the rules that make up the law of contract, to explore the law of contract in its transactional context, and to explore English contract law from a transnational and comparative perspective. The discussions then turn to the scope of the law of contracts; the growth in the use of standard form contracts and the increasing complexity of the form and the content of modern contracts; transnational contract law; and conflicting policies that underpin the law of contract.
2. Agreement: Objective or Subjective?
Authors: McKendrick Ewan
Published: August 2024

This chapter discusses the approach adopted by the courts when seeking to ascertain the intention of the parties to a contract. The general rule is that the existence and content of an agreement are questions that must be answered by reference to the intention of the parties, objectively ascertained. Two leading cases are presented that consider the scope of the objective test, namely Smith v. Hughes (1871) LR 6 QB 597 and Centrovincial Estates plc v. Merchant Investors Assurance Company Ltd [1983] Com LR 158. The discussion then turns to the case where one party attempts to ‘snap up’ an offer which he knew that the offeror did not intend, and the case where one party was at fault in failing to notice that the other party’s offer contained a mistake, or he was himself responsible for inducing that mistake in the other party. In these cases it would appear that the courts will have regard to the subjective intention of that party and the effect of doing so may be to provide a good reason for not applying the objective test that is generally deployed by the courts (thereby declining to give effect to their objective agreement).
6. Formalities
Authors: McKendrick Ewan
Published: August 2024

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, including deeds, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.
8. The Terms of the Contract
Authors: McKendrick Ewan
Published: August 2024

A contract is composed of terms, the number of which depends upon the importance of the transaction. The terms of the contract are of great significance to the parties because they define their rights and liabilities. This chapter examines two preliminary issues, the first of which relates to the identification of the terms of the contract. How do the courts decide what is and what is not a term of the contract? The second issue concerns the entitlement of the parties to lead evidence of terms not to be found in their written contract. Where the parties take the time, trouble, and expense of reducing their agreement to writing, are they still entitled to adduce evidence of terms other than those found in the written document, or is the written document the sole source of the terms of their contract?
12. Boilerplate Clauses
Authors: McKendrick Ewan
Published: August 2024

This chapter examines some standard clauses found in commercial contracts today (often known as ‘boilerplate clauses’). The focus is on commercial contracts and terms that will, in all probability, have been drafted by lawyers. After first setting out some general considerations that relate to the structure of modern contracts, the discussion moves on to examine some standard form clauses to be found in such contracts. These include general clauses, retention of title clauses, price escalation clauses, clauses making provision for the payment of interest, force majeure clauses, choice of law clauses, arbitration clauses, jurisdiction clauses, hardship clauses, entire agreement clauses, no oral modification clauses, termination clauses, assignment, and, albeit briefly, exclusion and limitation clauses.
16. Mistake
Authors: McKendrick Ewan
Published: August 2024

This chapter examines the effects of a mistake on the validity of a contract. A mistake may prevent parties from reaching agreement. First, a court may decide that no contract has been concluded where one party knows that the other is labouring under a mistake in relation to the terms of the agreement and fails to inform that other party of the mistake. Secondly, it may conclude that the terms of the offer and acceptance suffer from a latent ambiguity such that the parties cannot be said to have reached agreement. The third case in which a mistake may prevent the formation of a contract is where there has been a mistake as to the identity of the party who is said to be a party to the contract. The discussion then turns to the leading cases on common mistake, mistake in equity, and rectification. The chapter concludes by considering the non est factum defence, which can be invoked by someone who, through no fault of his own, has no understanding of the document that he has signed.
18. Duress
Authors: McKendrick Ewan
Published: August 2024

A contract can be set aside on the ground that it has been entered into under duress. This chapter presents cases illustrating the different forms of duress, namely duress of the person, duress of goods, and economic duress. The case-law establishes that there are two principal elements to a duress claim: (i) lack of consent/coercion of the will and (ii) the illegitimacy of the pressure exerted. There is a third element necessary in cases of economic duress, namely the lack of a reasonable alternative to giving in to the pressure or the threat. The chapter examines the idea of ‘illegitimacy’, in particular whether a threat to breach a contract is always illegitimate and the controversial question of the scope of ‘lawful act’ duress.
25. Third Parties
Authors: McKendrick Ewan
Published: August 2024

This chapter examines the impact of a contract on third parties. It addresses two main questions: whether or not a third party can acquire any rights under the contract, and whether or not the contract can impose upon him obligations or liabilities. The general rule adopted by English law is that the contract creates rights and imposes obligations only between the parties to the contract: the third party thus neither acquires rights under the contract nor is he subject to liabilities. This general rule is known as the doctrine of privity of contract. The Contracts (Rights of Third Parties) Act 1999, however, provides a relatively simple mechanism by which contracting parties can confer upon a third party a right to enforce a term of their contract. The dominant philosophy that underpins the 1999 Act is one of freedom of contract and, this being the case, the success of the Act in practice will depend upon contracting parties themselves. The chapter examines the individual sections of the 1999 Act, the exceptions to the doctrine of privity that existed at common law and under various statutes prior to the enactment of the 1999 Act. The chapter concludes by considering the extent to which a third party can be subject to an obligation by a contract to which he is not a party.
1. Introducing constitutions and public law
Authors: Dennett Anne
Published: August 2024

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility; and control the power of the state. Indeed, a state’s constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK’s national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.