bluuebunny/crossref_metadata_2025 huggingface dataset:
5. Continuity of employment
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about continuity of employment. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of continuity of employment including the qualifying periods of employment for important statutory rights, determining the start and end dates of employment, the effect of absences on employment continuity, and TUPE transfers. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
13. Collective bargaining
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about collective bargaining. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of collective bargaining including inequalities of bargaining power in the employment relationship, status and function of trade unions, time off for trade union members, and rights to information. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
Tort Law: Text and Materials
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

Tort Law: Text and Materials brings together a selection of carefully chosen extracts from cases and materials, with extensive commentary. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. The authors start by introducing the subject, and then examine intentional interference with the person before moving on to liability for negligence. Their analysis provides an overview of negligence liability in general, and then addresses in turn breach of duty, causation and remoteness, defences to negligence, and specific duty of care issues (psychiatric illness, economic loss, omissions and acts of third parties, and public bodies). In the following chapter, the authors consider the special liability regimes for employers and occupiers, as well as product liability and breach of statutory duty. The focus then switches to nuisance and the rule in Rylands v Fletcher, defamation, and privacy, before turning to vicarious liability, and damages for personal injury and death. Finally, they explore how tort works in practice.
2. Intentional Interference With the Person
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter begins with a brief historical background of civil wrongs now classified as intentional interference with the person, and then discusses the torts of assault, battery, false imprisonment and intentional infliction of physical or emotional harm, followed by the defences to these torts.
4. Breach of Duty
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter begins by looking at the key cases in which the idea of negligence as conduct falling below the standard of the reasonable person was judicially elaborated. It then discusses reasonable care; the utility of the defendant's conduct; the ‘objective’ nature of the standard of care; the relevance of ‘common practice’ in setting that standard; and the doctrine of res ipsa loquitur (‘the thing speaks for itself’).
6. Defences to Negligence
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter examines the following defences to a claim in negligence: volenti non fit injuria; contributory negligence; exclusion of liability; and illegality. The defence of volenti non fit injuria reflects the common sense notion that ‘[o]ne who has invited or assented to an act being done towards him cannot, when he suffers from it, complain of it as a wrong’. Contributory negligence is a partial defence that operates not to defeat the claimant's claim entirely but rather to reduce the amount of damages the defendant must pay. A defendant may seek to exclude all potential liability to another person in advance of exposing himself to the risk of a possible claim. The defence of illegality denies recovery to certain claimants on the grounds that their claim is tainted by their own illegal conduct.
11. Special Liability Regimes
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

Although much of the law of tort is based upon general common law principles, there are a number of situations where special liability regimes have been created. This chapter focuses on four of these special liability regimes. The first regime to be considered is employers’ liability, whose origins lie in nineteenth-century common law. Two other special regimes are then considered: the liability of occupiers to those coming onto their land (governed by the Occupiers’ Liability Acts of 1957 and 1984) and liability in respect of defective products (governed by the Consumer Protection Act 1987). In both these areas Parliament has intervened to remedy perceived failings in the common law. The final part of this chapter considers the common law action for breach of statutory duty. This differs from the action for negligence in that the source of the defendant’s duty is not the common law; rather, the claimant’s case is founded on a breach of a duty imposed on the defendant by Parliament.
13. Defamation
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter examines the law of defamation, which protects a claimant’s reputation. It explains the distinction between libel and slander, and outlines the elements of the cause of action for defamation: that the statement must be defamatory; must refer to the claimant; and must be published. The chapter then considers the general defences to liability for defamation: (1) truth, (2) honest opinion, (3) privilege (both absolute and qualified), (4) responsible publication on matter of public interest, (5) offer of amends and (6) innocent dissemination. The chapter concludes with a discussion of remedies for defamation.
17. Death and Damages
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter first considers the effect of the death of one of the parties on an existing cause of action in tort. It then considers the circumstances in which the wrongful death of another person gives rise to a new cause of action in those who have suffered loss as a result of the death, and the way in which damages are assessed in such cases.
1. Context, Background, and Institutions
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the history and institutions associated with the European Convention on Human Rights (ECHR). It discusses the content of the European Convention, the system of protection it offers, its relationship with other international courts and tribunals, and the role of the Secretary-General of the Council of Europe in the enforcement of the human rights provisions.
3. Supervising the Enforcement of Judgments
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the role of the Council of Europe’s Committee of Ministers in supervising the judgments made by the European Court of Human Rights or the Strasbourg Court, describes the composition and procedure of the Committee of Ministers, and the execution of judgments.
4. Interpreting the Convention
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter analyses the interpretation of the European Convention on Human Rights (ECHR). It explains that there are key themes which have dominated the interpretation of the Convention: the purposive and the evolutive interpretations. The chapter describes the approach of the Strasbourg Court to the interpretation of the ECHR and evaluates the influence of the Vienna Convention. It suggests that the interpretation of the Convention builds on the rules of public international law on the interpretation of treaties and has remained broadly consistent with those principles, and that the role of the Strasbourg Court is casuistic.
5. The Scope of the Convention
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the scope of the provisions of the European Convention on Human Rights (ECHR). It discusses the concept of jurisdiction in Article 1 of the Convention, including extraterritorial jurisdiction and jurisdiction over breakaway or autonomous regions, and the liability for acts of international organisations. The chapter highlights the centrality of Article 1 to the multilevel system of protection set in place by the ECHR and analyses some relevant cases.
9. Prohibition of Ill-Treatment
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the prohibition of ill-treatment under the European Convention on Human Rights (ECHR). It discusses the provisions of Article 3 of ECHR and explains that the fundamental character of the prohibition is affirmed by the fact that no derogation in respect of its provisions is permitted even in time of war or public emergency. The chapter analyses the judgments made by the Strasbourg Court in relevant cases including removal of a person from the State, investigations, and detention. It also explores evidential issues connected with proving conduct falling within Article 3 and considers the provisions of the European Convention for the Prevention of Torture.
12. The Right to a Fair Trial in Civil and Criminal Cases
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the provisions of the European Convention on Human Rights (ECHR) on the right to a fair trial in criminal and civil cases, explaining that Article 6 of ECHR holds that the Strasbourg Court has no jurisdiction to reopen national legal proceedings or to substitute its own findings of fact for the conclusions of national courts. It discusses issues concerning the overall requirements of a fair hearing, right of access to court, and the extraterritorial effect of Article 6.
13. Aspects of the Criminal Process
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter, which examines the provisions of the European Convention on Human Rights on fair trial specific to criminal proceedings found in paragraphs (2) and (3) of Article 6, explains the scope of Article 6(2) and (3), and discusses the principle of legality and the judgments made by the Strasbourg Court in several related cases. It also considers the rule against retrospective legislation in Article 7 of the Convention and a number of additional rights connected with the criminal process introduced by Articles 2 to 4 of Protocol 7.
14. Limitations Common to Articles 8 to 11
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter analyses the limitations found in the second paragraphs of Articles 8 to 11 of the European Convention on Human Rights (ECHR). It discusses the application of the limitations in these Articles in the decisions made by the Strasbourg Court, and considers the required legal basis for interference, the legitimate aims of interference, the margin of appreciation doctrine, and the doctrine of proportionality.
15. Protecting Family Life
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the protection of family life under Article 8 of the European Convention on Human Rights, as well as Article 12 and Article 5 of Protocol 7. It discusses the definition of family life, custody, access and care proceedings, adoption, and the right to marry. It also discusses particular issues arising in relation to the family life of non-nationals and prisoners.
23. Freedom of Movement
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the protection of the freedom of movement in the European Convention on Human Rights (ECHR), explains the provisions of Protocols 4 and 7, and discusses the prohibition of expulsion of nationals and the right of entry to the territory of the State of nationality. It describes the complaints of violations of the freedom of movement provisions of Protocols 4 and 7, and analyses the Strasbourg Court’s interpretation of these provisions.
24. Freedom from Discrimination
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the protection of the freedom of discrimination in the European Convention on Human Rights, discusses the provisions of Article 14 and Protocol 12, and explains the issues to consider in evaluating allegations of violations of Article 14. It highlights the problems in the application of Article 14 and suggests that the range of ratifications to Protocol 12 does not suggest that the development of a generic equality law under the Convention is foreseeable. The chapter also analyses the decisions made by the Strasbourg Court in relation to Article 14 and Protocol 12. It notes the development of indirect discrimination and the Court’s increasing use of ‘stereotyping’ and vulnerability in its judgments.
1. Family relationships, marriage, civil partnership, cohabitation
Authors: Heenan Susan , Heenan Anna
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in an exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on family relationships, marriage, same sex marriage, civil partnership, forced marriage, and cohabitation, beginning with a discussion of the absence of a widely acceptable definition regarding the concept of ‘family’. It examines how marriage was defined in Hyde v Hyde (1866), and the definition of civil partnership under the Civil Partnership Act 2004. The concept of ‘common law marriage’ and the rights of those cohabiting is considered, along with the importance of formalities to end marriage and civil partnership. It also highlights the rights of parties to a marriage or civil partnership to acquire rights over property during the relationship on the basis of trusts law or proprietary estoppel. Finally, it looks at calls to reform the law in relation to cohabitants, particularly with regard to joint ownership of property.
2. Nullity
Authors: Heenan Susan , Heenan Anna
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on nullity as a way of terminating marriage or civil partnership, first explains the difference between nullity and divorce on one hand, and between a void marriage and a non-marriage on the other. It then considers the grounds on which a marriage may be void and voidable in the UK under the Matrimonial Causes Act 1973, as well the grounds on which a civil partnership may be void and voidable under the Civil Partnership Act 2004. The chapter concludes with an assessment of the future of nullity.
7. The Children Act—the public law
Authors: Heenan Susan , Heenan Anna
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on public law matters concerning children under the Children Act 1989, first explains the powers and duties of local authorities, as well as those of the police, to protect children in need. It then considers emergency protection orders, which may be granted where a child is in need of immediate protection, along with interim orders and child assessment orders. The chapter also examines the ‘threshold criteria’ in section 31(2) of the Children Act 1989, which allows the court to make a care or supervision order, before concluding with an assessment of the Human Rights Act 1998 and its impact on the law in relation to care proceedings.
3. Articles of Association
Authors: French Derek
Published: September 2017

This chapter deals with articles of association, the principal element of a company’s constitution, under the Companies Act 2006. It describes the content of the articles, model articles of association which can be adopted by limited companies (either in whole or in part) on registration, and the function of articles as a contract between the company and its members and between the members themselves. It also considers provisions of articles that may be incorporated in other contracts, the right of members of a company to amend its articles, and provisions restricting a company’s objects. The chapter discusses a number of particularly significant court cases, including Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656 and Quin and Axtens Ltd v Salmon [1909] AC 442.
7. Offering shares to the public
Authors: French Derek
Published: September 2017

This chapter focuses on public offering of shares as a source of finance for companies, with emphasis on the legal requirements to provide the necessary information to prospective investors. It also considers the importance of a marketplace for selling shares at the best possible price, as well as the regulation of the financial services industry by the Financial Services and Markets Act 2000. In addition, it discusses two controls on share offers to the public under the Companies Act 2006 with respect to payment of underwriting commission and repayment of subscribers’ money if a share offer is not completely successful. The chapter examines the regulatory regimes for securities markets, some of the main reasons or advantages for going public, the prospectus requirement and any exemptions to it and how the law deals with misleading statements and omissions in prospectuses.
13. Market abuse
Authors: French Derek
Published: September 2017

This chapter deals with abuses committed in the trading of shares, with particular reference to insider dealing and market manipulation, and the laws intended to control them. The chapter considers forms of control to prevent market abuse under three key pieces of legislation: Regulation (EU) No 596/2014, the Criminal Justice Act 1993 and the Financial Services Act 2012. It looks at regulations governing disclosure to regulated markets and the fiduciary duty of directors, and offences involving insider dealing and creating a false market. The chapter analyses a particularly significant case: Percival v Wright [1902] 2 Ch 421.
15. Directors
Authors: French Derek
Published: September 2017

This chapter explores the role of directors in corporate governance, beginning with a discussion of the principles of corporate governance as set out in the UK Corporate Governance Code. Rules on appointment and removal of a company’s directors are considered next, followed by public disclosure of the names of directors and their work as a board, their remuneration and their powers of management. The chapter also considers the legal categorisation of directors, whether as fiduciaries, agents or trustees; the distinction between executive directors and non-executive directors; the relationship between directors and shareholders of public companies; the issue of the separation of ownership and the control of a company; transparency; and general legal principles regarding the board of directors. Relevant legislation such as the Companies Act 2006 and the UK Corporate Governance Code, as well as particularly significant court cases, are mentioned.
20. Company insolvency and liquidation
Authors: French Derek
Published: September 2017

This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It first discusses insolvency procedures such as administrative receivership, administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It then considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures and liability for wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.
Commercial Law Concentrate
Authors: Baskind Eric
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Commercial Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed, and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction to contracts of the sale of goods, the book covers: statutory implied terms; passing of property and risk; retention of title clauses; exemption and limitation clauses; non-existent and perishing of goods; transfer of ownership by a non-owner; delivery, acceptance, and payment; remedies of the unpaid seller; remedies of the buyer; consumer credit; the creation of agency and the agent’s authority; and the relationships created by agency—the rights and liabilities of the parties.
4. Retention of title clauses
Authors: Baskind Eric
Published: September 2017

Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on retention of title clauses, also known as reservation of title clauses, in sale of goods contracts. It explains how retention of title (or Romalpa) clauses are especially useful in cases where the buyer becomes insolvent and then stresses the importance of properly incorporating a retention of title clause into the contract of sale. The chapter examines the 1976 Romalpa case and its influence on retention of title cases. It considers ‘all-liabilities’ clauses in contracts of sale of goods and concludes by discussing criticisms against retention of title clauses and how, in practice, they might fail. The chapter discusses the 2014 Court of Appeal decision in FG Wilson (Engineering) Ltd v John Holt & Co (Liverpool) Ltd which illustrates the dangers of retention of title clauses which can leave buyers somewhat unprotected and how a degree of balance was reintroduced by the Supreme Court in PST Energy 7 Shipping LLC and Another v OW Bunker Malta Ltd and Another.
5. Exclusion and limitation clauses
Authors: Baskind Eric
Published: September 2017

Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter, which focuses on clauses designed to exclude or limit a party’s liability, first considers exclusion or limitation clauses in the UK under common law rules, the Unfair Contract Terms Act 1977, and the Consumer Rights Act 2015. It explains the distinction between an exclusion clause and a limitation clause before discussing the two main methods of controlling exclusion clauses adopted by the courts. The chapter examines the exclusion or restriction of the statutory implied terms under the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973, and the Supply of Goods and Services Act 1982. Finally, it considers the rules introduced by the Consumer Rights Act 2015 in relation to consumer transactions.
6. Non-existent and perishing of goods
Authors: Baskind Eric
Published: September 2017

Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the effect of the contract of sale of goods in the event that the goods never existed or, if they did exist at one time, are no longer in existence. It first looks at the contract for the sale of specific goods which, without the knowledge of the seller, have perished at the time when the contract is made, and then considers an agreement to sell specific goods which, without any fault on the part of either party, subsequently perish before the risk passes to the buyer. The chapter also explains the frustration of a contract for the sale of unascertained goods under Section 7 of the Sale of Goods Act 1979 and the question of monies owing or to be repaid under the Law Reform (Frustrated Contracts) Act 1943.
10. Remedies of the buyer
Authors: Baskind Eric
Published: September 2017

Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the various remedies that are available to a buyer under a contract of sale of goods, where the seller is in breach of the sales contract. It considers the new regime of remedies introduced by the Consumer Rights Act 2015 and discusses a range of remedies such as rejecting the goods, suing for non-delivery or late delivery of the goods, suing for damages following the seller’s breach of warranty, requiring the seller to repair or replace the goods, claiming from the seller a reduction in the price, or rescinding the contract. The chapter then explains the difference between breach of condition of the contract and breach of warranty.
12. The creation of agency and the agent’s authority
Authors: Baskind Eric
Published: September 2017

Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the creation of agency and its three main parties: the agent, the principal, and the third party. The primary purpose of the agent is to bring the principal and the third party into direct contractual relations, with the principal taking on the rights and liabilities created by the contracts provided the agent had authority to act. The chapter looks at several kinds of agent’s authority, including actual authority, apparent authority, and usual authority, and also considers agency of necessity as well as cases where the principal may ratify a transaction.
Contract Law Concentrate
Authors: Poole Jill , Devenney James , Shaw-Mellors Adam
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement such as whether the terms are sufficiently certain and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally it outlines contractual remedies for actionable misrepresentations and looks briefly at the equitable doctrine of undue influence, types of undue influence, and instances when the contract can be avoided.
5. Terms and breach of contract
Authors: Poole Jill , Devenney James , Shaw-Mellors Adam
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses how to identify the contractual obligations assumed by the parties in their contract, distinguishing terms (promises) and representations (non-promissory inducements to contract), and identifying the express and implied terms. It also looks at standards of performance, how to identify broken promises as a prelude to considering the remedies for breach of contract, and whether it is possible to opt not to continue to perform further contractual obligations following the other party’s breach.
6. Hearsay evidence
Authors: Spencer Maureen , Spencer John
Published: September 2017

This chapter, which focuses on hearsay evidence and its relationship to confessions, first considers the rule against hearsay and its application to out-of-court statements of witnesses in civil and criminal cases. It then looks at statements, both oral and written, and gestures, as well as the admissibility of hearsay in criminal proceedings under the Criminal Justice Act 2003 and, in outline, in civil proceedings under the Civil Evidence Act 1995. The chapter also explains the legal distinction between first-hand (what X told Y) and multiple hearsay (what X told Y who told Z), and concludes by discussing the recent landmark decisions under Article 6(3)(d) of the European Convention on Human Rights (ECHR).
9. Opinion evidence
Authors: Spencer Maureen , Spencer John
Published: September 2017

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.
11. Privilege
Authors: Spencer Maureen , Spencer John
Published: September 2017

This chapter looks at the rules relating to legal professional privilege and, in outline, the doctrine of the privilege against self-incrimination. Under these provisions potentially relevant evidence may be excluded at trial. The role of legal professional privilege in protecting defendants in criminal trials is outlined and the absolutist stance of the courts discussed. The chapter outlines the various immunities which are embraced under the privilege against self-incrimination. The differences between public interest immunity and legal professional privilege are outlined. The chapter contains a number of Figures and Tables to help students understand this complex area. The reason for the limited range of privileges in English Evidence law is explained.
2. Sources of international law
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2017

This chapter examines the sources of international law, i.e. the norms of international law that give validity to all the other international legal norms. These are enumerated in Article 38 ICJ Statute. Although quite dated, this Article is still considered as enunciating an authoritative list of the sources of international law. These are treaties; custom; general principles of law recognized by States and judicial decisions as well as international theory as subsidiary ones. Particular emphasis is placed on custom, consisting of an objective element, the general practice of States and a subjective element, the opinio juris, i.e. consisting of a legal conviction. There is no hierarchy between the sources of international law and both treaties and custom may exist alongside each other.
3. The law of treaties
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2017

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’, i.e. the steps from the negotiation until the entry into force of the treaty; the ‘life’, i.e. the interpretation and application of the treaty; and its ‘demise’, i.e. 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.
4. The relationship between international and domestic law
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2017

This chapter analyses the relationship between international and domestic law and particularly the reception of the former in domestic legal systems. This matter is regulated in the receiving State’s constitutional law and is generally based on the doctrine of incorporation and that of transformation. The former does not require any further implementing legislation by the receiving State but where it is applied it is subject to several limitations, particularly where the treaty in question is not sufficiently clear or precise, in which case it is not automatically self-executing. The philosophical foundations of the relationship between international and domestic law are explained by reference to the monist and dualist theories. Besides treaties, domestic law also regulates the reception of custom and UN Security Council resolutions. However, in respect of Security Council resolutions, international human rights law determines their legality.
10. Peaceful settlement of disputes
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2017

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation or the ‘good offices’ of the UN Secretary-General and on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor-State arbitration and in the World Trade Organization
5. Performers’ rights
Authors: Press Tim
Published: September 2017

This chapter focuses on performers’ rights, which give musicians, singers, actors, dancers, and variety performers rights to prevent or give permission for the recording or broadcasting of their live performances and subsequent commercial exploitation of those recordings. Performers’ rights are important for broadcasters, record, and film companies who hire performers: they must ensure that the performers give all the necessary permissions in their contracts or the project will not be able to proceed. The rights last for 50 years, or 70 years for EU musicians. The development of sound recording and movie technology meant that it was not necessary for everyone to hire the services of a performer in order to enjoy their performance and this triggered the development of performers’ rights. There are legal provisions protecting some performers against signing away all their rights in these contracts. Performers’ rights have been harmonized by the European Union.
6. Trade secrets and confidential information
Authors: Press Tim
Published: September 2017

This chapter focuses on the law of breach of confidence, which protects trade secrets and privacy. It is judge-made law, with its origins in equity. The action for breach of confidence now resembles a common law cause of action, but its equitable basis is still evident in the flexibility and discretion the judges adopt in deciding cases. The Human Rights Act in 1998 required the courts to implement the right to private and family life. The courts have done this, in cases concerning private information, by extending the law to protect privacy where the information concerned was not secret. This is now regarded as a separate branch of the law. Special considerations also apply in relation to the duties employees owe to their employer both during and after their employment. There is a defence to an action for breach of confidence where publication is in the public interest.
Public Law Concentrate
Authors: Faragher Colin
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects relevant to constitutional law including sources, the rule of law, and separation of powers. It details the role of the executive, constitutional monarchy, and the Royal Prerogative. It also looks at sovereignty of Parliament and European Union law. It covers topics such as administrative law, judicial review, human rights, police powers, public order, and terrorism. This new edition also evaluates new constitutional statutes that have been introduced as part of the Conservative Government’s legislative programme. These include the Counter Terrorism and Security Act 2015, the Cities and Devolution Act 2016, the Scotland Act 2016, and the Wales Act 2017. This edition also contains up-to-date information on the Supreme Court decision in R (on the application of Miller) v Secretary of State for Exiting the European Union (2017).
4. The separation of powers
Authors: Faragher Colin
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the meaning of separation of powers; what judges say about the separation of powers in the UK; what statutes say about the separation of powers in the UK; whether the UK Government is based on the separation of powers; the relationship between the executive and the legislature, the relationship between the executive and the judiciary, the independence of the judiciary, the appointment and dismissal of judges, the Civil Procedure Rule Committee, the Sentencing Council for England and Wales and the relationship between the courts and Parliament.
7. Parliament and the legislative process
Authors: Faragher Colin
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first describes the UK legislature. The legislature of the UK is the Queen in Parliament. Parliament is bicameral, meaning that, apart from the Queen, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—protects the constitution, and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.
13. Grounds for judicial review: procedural impropriety, natural justice, and legitimate expectation
Authors: Faragher Colin
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include procedural impropriety, which means breach of the rules of natural justice and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearing, licensing cases pecuniary and personal bias, whether or not a fair trial has taken place and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.
1. Tort and the tort system: general overview
Authors: Brennan Carol
Published: September 2017

Tort is the area of civil law which provides a remedy for a party who has suffered the breach of a protected interest. Different torts deal with different types of harm or wrongful conduct and the ‘ingredients’ for each of these torts are different; each with its own particular characteristics. This chapter discusses the types of loss or harm covered; competing interests; remedies; comparison of tort with contract law, criminal law, and human rights law; the aims of the law of tort (compensation and deterrence); and alternative routes to compensation. The influence of insurance and of the Compensation Act 2006 is included.
6. Breach of duty: the standard of care
Authors: Brennan Carol
Published: September 2017

This chapter discusses the law on standard of care and breach of duty. To establish that the duty of care has been breached, the standard of care must first be found and then it must be decided if that standard was reached in the circumstances. The general standard of care is objective: the ‘reasonable person’ standard. Variations in the standard of care regarding children and the more skilled or professional are discussed, as are those pertaining to sport and the medical profession. Proof of breach must be established by the claimant on the balance of probabilities; occasionally with the benefit of the evidential tool of res ipsa loquitur.
10. Product liability
Authors: Brennan Carol
Published: September 2017

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987, passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.
12. Nuisance and Rylands v Fletcher
Authors: Brennan Carol
Published: September 2017

This chapter discusses the law of nuisance. ‘Nuisance’ relates to three very different actions: private nuisance, public nuisance, and statutory nuisance. All three are land-related torts, occurring indirectly, and often concern neighbour disputes and environmental wrongs. Unlike negligence, in nuisance the law is concerned less with the nature of the defendant’s conduct than with its effect upon the claimant. Private nuisance must have an element of continuation and damages will not be recoverable for physical injury. The case of Rylands v Fletcher (1868) established a new tort which provided for strict liability of defendants in certain nuisance-related situations.
15. Privacy
Authors: Brennan Carol
Published: September 2017

This chapter discusses the law on the protection of privacy. The passage of the Human Rights Act 1998, incorporating the ECHR into domestic law, enabled a new perspective on the question of protection of privacy, previously not covered by a specific tort. The art 8 right to respect for private and family life must be balanced with the equally powerful art 10 right to freedom of expression. Campbell v MGN (2004) provides a detailed consideration of this area of law by the House of Lords. The chapter covers the action for misuse of private information, the issue of photography, and that of remedies.
10. The Future of the English Legal System
Authors: Thomas Mark , McGourlay Claire
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This concluding chapter assesses the future of the English legal system (ELS). It argues that the ELS will continue to grow and develop in order to move with the times. Each development may individually not have such significant impact on the ELS; however, when coupled with the other development, it is more likely that the development may significantly alter people's understanding of the ELS. Change in the ELS may come from political, economic, legal, social, and international factors. The chapter then considers some of the key debates, events, and activities that may shape the future of the ELS. These issues include the UK's membership in the EU, signatory of the European Convention on Human Rights, and transformation of the justice system.