bluuebunny/crossref_metadata_2025 huggingface dataset:
Collins v Wilcock [1984] 1 WLR 1172
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Collins v Wilcock [1984] 1 WLR 1172. The document also included supporting commentary from author Craig Purshouse.
Lister v Hesley Hall Ltd [2002] 1 AC 215
Authors: Purshouse Craig
Published: September 2021

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lister v Hesley Hall Ltd [2002] 1 AC 215. The document also included supporting commentary from author Craig Purshouse.
Pitt v Holt, Futter v Futter [2013] UKSC 26, Supreme Court
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pitt v Holt, Futter v Futter [2013] UKSC 26, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Schmidt v Rosewood Trust [2003] UKPC 26, Privy Council
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Schmidt v Rosewood Trust [2003] UKPC 26, Privy Council. The document also includes supporting commentary from author Derek Whayman.
Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Re Montagu’s Settlement Trusts [1987] Ch 264, Chancery Division
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Montagu’s Settlement Trusts [1987] Ch 264, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
Tang Man Sit v Capacious Investments [1996] AC 514, Privy Council
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tang Man Sit v Capacious Investments [1996] AC 514, Privy Council. The document also includes supporting commentary from author Derek Whayman.
Armitage v Nurse [1998] Ch 241, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Armitage v Nurse [1998] Ch 241, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Bristol and West Building Society v Mothew [1998] Ch 1, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bristol and West Building Society v Mothew [1998] Ch 1, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45, Supreme Court
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
Re Hallett’s Estate (1880) 13 Ch D 696, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Hallett’s Estate (1880) 13 Ch D 696, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
FSHC Group Holdings Ltd v GLAS Trust Corp [2019] EWCA Civ 1361, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Patel v Mirza [2016] UKSC 42, Supreme Court
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Patel v Mirza [2016] UKSC 42, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
R v Kennedy [2008] 1 AC 269, House of Lords
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kennedy [2008] 1 AC 269, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Wallace [2019] EWCA Crim 690, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Wallace. The document also included supporting commentary from author Jonathan Herring.
R v Dowds [2012] EWCA 2576, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Dowds [2012] EWCA 2576, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v B (MA) [2008] EWCA Crim 3, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v B (MA) [2008] EWCA Crim 3, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Hasan [2005] UKHL 22, House of Lords
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hasan [2005] UKHL 22, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Geddes [1996] Crim LR 894, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Geddes [1996] Crim LR 894, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Hyde v Wrench (1840) 49 ER 132
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hyde v Wrench [1840] EWHC Ch J90; (1840) 49 ER 132; (1840) 3 Beav 334. The document also includes supporting commentary from author Nicola Jackson.
Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130. The document also includes supporting commentary from author Nicola Jackson.
Shogun Finance Ltd v Hudson [2003] UKHL 62
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Shogun Finance Ltd v Hudson [2003] UKHL 62. The document also includes supporting commentary from author Nicola Jackson.
Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. The document also includes supporting commentary from author Nicola Jackson.
Arnold v Britton [2015] UKSC 36
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Arnold v Britton [2015] UKSC 36. The document also includes supporting commentary from author Nicola Jackson.
Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344. The document also includes supporting commentary from author Nicola Jackson.
Unión de Pequeños Agricultores v Council of the European Union (Case C-50/00 P), EU:C:2002:462, [2002] ECR I-6677, 25 July 2002
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Unión de Pequeños Agricultores v Council of the European Union (Case C-50/00 P), EU:C:2002:462, [2002] ECR I-6677, 25 July 2002. The document also includes supporting commentary from author Noreen O’Meara.
Keck and Mithouard (Joined cases C-267/91 and C-268/91), EU:C:1993:905, [1993] ECR I-6097, 24 November 1993
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Keck and Mithouard (Joined cases C-267/91 and C-268/91), EU:C:1993:905, [1993] ECR I-6097, 24 November 1993. The document also includes supporting commentary from author Noreen O’Meara.
Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011. The document also includes supporting commentary from author Noreen O’Meara.
Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2019:189, 12 March 2019
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2010:104, [2010] ECR I-1449, 12 March 2019. The document also includes supporting commentary from author Noreen O’Meara.
Aranyosi and Căldăraru (Joined cases C-404/15 and C-659/15 PPU), EU:C:2016:198, 5 April 2016
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aranyosi and Căldăraru (Joined Cases C-404/15 and C-659/15 PPU), EU:C:2016:198, 5 April 2016. The document also includes supporting commentary from author Noreen O'Meara.
A v BBC (Scotland) [2014] UKSC 25, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A v BBC (Scotland) [2014] UKSC 25, Supreme Court. This case concerned whether a court order granting anonymity to a convicted and deported foreign national sex offender could remain in place, notwithstanding objections from BBC (Scotland). In answering the question, the Court articulated what it referred to as the common law principle of open justice, which is the focus of this case note. The document also includes supporting commentary from author Thomas Webb.
A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach to the 1998 Act. The document also includes supporting commentary from author Thomas Webb.
Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147, House of Lords. This case note deals with how the House of Lords interpreted an ouster clause, a statutory provision which seeks to prevent judicial supervision of decisions made by subordinate decision-making bodies, and considers the wider constitutional implications of the courts’ approach to ouster clauses. The document also includes supporting commentary from author Thomas Webb.
Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ Case)
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case). This case note discusses both the ‘new nomenclature’ (Lord Roskill at 415) of judicial review established by Lord Diplock, and the House of Lords’ conclusion that prerogative powers are, in principle, reviewable by the courts. There is also discussion of the deployment of national security arguments to avoid review. The document also includes supporting commentary from author Thomas Webb.
Entick v Carrington [1765] 95 ER 807, King’s Bench
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entick v Carrington [1765] 95 ER 807, King’s Bench. This case concerned the legality of a warrant issued by one of the King’s Secretaries of State, the Earl of Halifax, which purported to authorize four of the King’s messengers to search for and take Entick’s papers and property. The case is a seminal judgment on the rule of law, the powers of government, and the nature of the legal system. The document also includes supporting commentary from author Thomas Webb.
Ghaidan v Godin-Mendoza [2004] UKHL 30, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ghaidan v Godin-Mendoza [2004] UKHL 30, House of Lords. This case concerns the interpretive obligation placed on the courts to, so far as is possible, interpret all legislation, past and future, in line with the Human Rights Act 1998. The substantive issue in the case was whether the Rent Act 1977, as amended, could be read in such a way as to allow a surviving tenant from a same-sex relationship to succeed to a tenancy held by their deceased partner. The document also includes supporting commentary from author Thomas Webb.
Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary from author Thomas Webb.
Porter v Magill [2001] UKHL 67, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Porter v Magill [2001] UKHL 67, House of Lords. This case note considers the introduction of a revised test for bias in public law decision-making. The document also includes supporting commentary from author Thomas Webb.
R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division)
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division). This case concerns the constitutionality of fees payable to access court processes where the applicant’s limited financial means render them unable to pay those fees. More generally it concerns the capacity of the common law to provide rights protections, notwithstanding the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division). This case examines the characteristics of bodies which can be subject to judicial review, exploring whether bodies which are ostensibly private in nature can be subject to judicial review if the nature or consequences of their functions and decisions are public. The document also includes supporting commentary from author Thomas Webb.
R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords. This case explored whether a decision-maker acting in a quasi-judicial capacity was bound by the same decision-making standards as the courts including, for example, whether retrospective decision-making was permitted. As well as these rule of law considerations, it also raises questions as regards the division or separation of functions within the constitution. The document also includes supporting commentary from author Thomas Webb.
R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.
R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords. In this case, the House of Lords considered whether the Secretary of State could use the prerogative power to set up an alternative compensation scheme to that laid down in statute. It raises questions as regards the limits of the prerogative power, and the separation of powers in the United Kingdom’s constitution. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords. This case considered whether a blanket policy excluding prisoners from cell searches was a proportionate response that was necessary to achieve the aim of that policy. There is also discussion of whether the common law could provide an alternative system of rights protection to that under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC))
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC)). This case note is concerned primarily with the distinction between ordinary and constitutional statutes, and what happens where two constitutional statutes are in conflict. The document also includes supporting commentary from author Thomas Webb.
2. The rule of law and the rule of judges
Authors: Endicott Timothy
Published: September 2021

At common law, the judges will hold administrative conduct to be unlawful on any of three grounds: error of law (and certain sorts of error of fact), lack of due process, and the improper exercise of discretionary power. This chapter discusses how (and to what extent) the three grounds of judicial review are supported by constitutional principle. Each ground must be controlled by the principle of comity. The principle of comity requires judges to defer to administrative authorities on some issues, to some extent; the chapter explains the limits of deference and the difference—and the connections—between the rule of law and the rule of judges.
4. Due process
Authors: Endicott Timothy
Published: September 2021

This chapter explains the overlapping ideas of natural justice, procedural fairness, and due process, and discusses the importance of comity between judges and administrative agencies. The elements of process are outlined: notice and disclosure, oral hearings, waiver, reconsideration, and appeals. Proportionality is presented as a general principle of the procedural duties of public authorities, and the chapter explains the three process values: procedural requirements can improve decisions, treat people with respect, and subject the administration to the rule of law. The chapter explains the irony of process: the law must sometimes require procedures that impose disproportionate burdens on administrative authorities, in order to protect due process. The chapter concludes with an explanation of discretion in process and of the potential dangers involved in administrative processes.
8. Substantive unlawfulness
Authors: Endicott Timothy
Published: September 2021

This chapter shows that judges must substitute their own judgment for that of an administrative authority on some issues, in order to give effect to the principle of legality. When there is reason for non-deferential judicial review, deference would mean abandoning the rule of law. The more interventionist grounds on which judges will control the substance of some decisions—relevance, proportionality, and legitimate expectations—may involve little deference, depending on the type of decision and the context in which it is made. Each of these interventionist doctrines gives the judges the opportunity to do justice for a claimant and to improve public administration. For the very same reasons, each doctrine poses a danger that the judges will make themselves into surrogate administrators by overextending the grounds of judicial review.
9. Errors of law and control of fact finding
Authors: Endicott Timothy
Published: September 2021

Administrative authorities deciding someone’s legal position must determine what the law is, and find the facts, and apply the law to the facts. This chapter asks how the courts control the exercise of power involved in each of those three elements of the application of the law. The chapter explains the famous decision of the House of Lords in the Anisminic case, and explains why that decision does not support the doctrine of ‘review for error of law’, which is commonly thought to have been established in Anisminic. The chapter explains why a power to apply the law is a discretionary power and concludes with a discussion of the fundamental union (downplayed and sometimes denied by the judges) between judicial review for error of law and other forms of control of discretionary power.
Legal Skills
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

Legal Skills is structured in three parts, covering a full range of legal skills. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. The second part covers academic legal skills and provides advice on study and writing skills, legal reasoning, referencing and avoiding plagiarism, essay writing, dissertations, problem solving, and revision and examinations. The final part of the book covers the practical legal skills of oral presentation, mooting, and negotiation.
3. Finding legislation
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter explains how to find domestic legislation, that is, statutes, statutory instruments, and EU legislation both online and in a law library. The chapter also explains how to determine whether there is any statute law on a particular topic and how to work out whether a piece of legislation is in force. The chapter closes by explaining how to find the official current text of the European Convention on Human Rights.
4. Using legislation
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter discusses how to use legislation. It first looks at the ‘anatomy’ of an Act of Parliament and describes each of its composite parts. It then considers the various means by which the courts can interpret the wording of statutory provisions, including a discussion of the impact of the European Communities Act 1972 and the Human Rights Act 1998.
6. Finding cases
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter presents the skills needed to find cases. It first explains the meanings of case citations before moving on to discuss how to locate domestic cases. It then describes how to find decisions of the Court of Justice of the European Union, the General Court, and the European Court of Human Rights.
7. Using cases
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter explains how to use cases. It first looks at the ‘anatomy’ of a law report, before considering the means by which the key legal principles can be extracted from the case. Once the legal principles are known it considers the extent to which those principles are binding on other courts via the doctrine of judicial precedent. Finally, it examines the impact of both the Human Rights Act 1998 and EU law on the operation of precedent.
10. Study skills
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter focuses on the skills needed to study law. It begins by describing how a law degree is structured and what sorts of activities students are likely to take part in as part of that degree. It then discusses lectures, seminars, and tutorials; note-taking; working with others; time management; learning from feedback; and personal development planning.
18. Presentation skills
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter draws upon some of the material covered in previous sections of the book that focused upon helping students locate and understand the law in order to prepare and deliver an effective oral presentation. It starts by outlining some guidelines on preparing a presentation, including selecting an appropriate topic and making decisions about the use of supplementary materials such as handouts or PowerPoint slides. It then considers issues relating to the delivery of the presentation, including matters such as timing, combating nerves, and engaging the interest of the audience.
19. Mooting skills
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter provides a step-by-step guide to assist students through the process of preparing and delivering a moot argument with reference made to associated issues, such as conducting legal research and production of a skeleton argument. It highlights the aspects of mooting that students often find worrying or difficult, such as formulating a flowing argument, developing a confident oral presentation style, and dealing with judicial interventions. The chapter is a general guide that will be invaluable for preparation of any moot but a sample moot is used throughout as a source of specific explanation and illustration.
2. Duty of care: basic principles
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter sets out the basic principles of negligence. Duty is one element in the tort of negligence, for it must be shown that not only was the defendant under a duty towards the claimant to be careful, but also that he failed to achieve the required standard of care and that that failure caused the damage, and finally that the damage was not too remote a consequence of the act. Duty is about relationships, and it must be shown that the particular defendant stood in the required relationship to the claimant such that he came under an obligation to use care towards him. This relationship is sometimes referred to as ‘proximity’. The chapter presents cases to illustrate the meaning of proximity. It also discusses the unforeseeable claimant problem and policy factors.
5. Personality, statehood, and recognition
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter examines the meaning of international legal personality and the range of actors that possess such personality; namely, States, international organizations, individuals, multinational corporations, and several other non-State actors. Given the centrality of States, the criteria for statehood are analysed, and both traditional and contemporary criteria are discussed. Article 1 of the 1933 Montevideo Convention is used for assessment of whether an entity satisfies these criteria, which include: permanent population, a defined territory, government, capacity to enter into foreign relations, and the relevance of human rights. Competing theories regarding the role of recognition by third States as an element of statehood are also considered. Equally, the rights and duties of non-State actors are analysed in terms of capacity conferred upon them under international law.
12. Grounds for judicial review Irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998
Authors: Faragher Colin
Published: September 2021

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 irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits-based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of Convention rights is alleged is explored by examining a number of significant House of Lords cases.
14. Introduction to human rights in UK law
Authors: Faragher Colin
Published: September 2021

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 European Convention on Human Rights and Fundamental Freedoms (ECHR) and the Human Rights Act (HRA) 1998. The ECHR guarantees civil and political rights: these are the right to life; the prohibition of torture, inhuman, and degrading treatment or punishment; the prohibition of slavery and forced labour; the right to liberty; the right to a fair and unbiased hearing; the prohibition of retrospective legislation; the right to respect for private and family life; freedom of conscience and religion; freedom of expression; freedom of association; and the right to marry and found a family. The ECHR has been expanded by a series of supplementary treaties called protocols. The First and Sixth Protocols give individuals additional rights which were incorporated into British law by the HRA 1998. This chapter also examines the significance of the Independent Review of the Human Rights Act which is due to be carried out in 2021.
6. Breach of duty
Authors: Brennan Carol
Published: September 2021

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.
8. Causation
Authors: Brennan Carol
Published: September 2021

This chapter discusses the law on intervening acts and remoteness. There are a range of situations in which the defendant’s act can be a cause of the claimant’s loss because it satisfies the ‘but-for’ test. However, this is followed by one or more events which contribute to the eventual damage in such a way that the chain of causation can be broken. This is sometimes referred to as an intervening act (or novus actus interveniens), and such acts can be divided into three categories: actions by the claimant himself, actions by a third party, and natural events. Remoteness is a simpler way of describing what is also known as causation in law, and is concerned with the extent of a defendant’s duty. The key case is The Wagon Mound (No 1) where the test of reasonable foreseeability of damage was adopted.
16. Defences and limitation
Authors: Brennan Carol
Published: September 2021

This chapter first discusses the defence of contributory negligence, voluntary assumption of risk, and illegality. Contributory negligence occurs when the claimant has contributed to his own damage, and permits damages to be apportioned according to what is just and equitable. Voluntary assumption of risk is a complete defence, on the basis that the claimant freely agreed to run the risk of damage. Illegality is a complete defence, on the grounds that the law will not reward or appear to condone an illegal act. The chapter then turns to limitation periods, which restrict the amount of time within which legal actions must be commenced. The main statute is the Limitation Act 1980.
1. Agreement
Authors: Poole Jill , Devenney James , Shaw-Mellors Adam
Published: September 2021

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 components of agreement; an essential ingredient of a contract. Traditionally, an agreement is comprised of an offer and a corresponding acceptance. There are two types of agreement: bilateral and unilateral. Bilateral agreements are by far the most common in practice and consist of a promise in exchange for a promise. Unilateral agreements consist of a promise in exchange for an act. This chapter analyses the agreement process in terms of offer, acceptance, and revocation of offers in bilateral and unilateral scenarios in order to provide structures and scenarios for future use. It also explains the two-contract analysis which is used to impose pre-contractual liability in English law.
2. The Union Institutions
Authors: Foster Nigel
Published: September 2021

This chapter considers the main institutions of the European Union and their principal features, such as appointment, tasks, duties, and developments. These institutions include the Commission; the Council (of Ministers) of the European Union; the European Council; the European Parliament; the Court of Justice of the European Union; the Union’s advisory bodies; and other Union bodies. The chapter also considers Union financing. The chapter explains the changes to the original institution set-up, established over 60 years ago, which has been expanded and complicated quite considerably since, and also introduces the interrelationships of the institutions, in particular between the Council of Ministers and the European Parliament.
8. Breach and Termination of the Contract
Authors: Naidoo André
Published: September 2021

This chapter addresses the breach and termination of the contract. Since the terms represent obligations of the parties, where such an obligation is not followed, we say there has been a breach of the contract. The chapter examines the law relating to breach of contract and how breach can end a contract. When a term is breached, it does not end the contract automatically. Instead, the breach will entitle the innocent party to compensation for losses caused by the breach. In addition, the breach might allow the innocent party to choose to end the contract. Such an option is often determined by the type of term breached or the seriousness of the breach. This means that a typical dispute following an obvious breach will be about whether the innocent party can end the contract. Before one can explore when a breach can result in the contract ending, however, one needs to briefly look at how a party can breach an obligation. That is based on whether the obligation is due to be performed; the type of obligation; and the standard of performance that it requires.
16. Frustration of the Contract
Authors: Naidoo André
Published: September 2021

This chapter focuses on the frustration of the contract. It is possible for an unexpected event to take place that would make the performance of a contract completely different to what both parties intended. It might be that the event made performance physically impossible or illegal. Alternatively, perhaps the contract was based on a state of affairs that no longer exists as a result of the event. In such circumstances, it might be that the event has ‘frustrated’ the contract so that the contract is ended automatically. The chapter presents the background and basis of the frustration principle before turning to the ways in which a contract can be frustrated. It then addresses the factors limiting the scope of the principle. Finally, the chapter examines the effects of a frustrated contract, which includes limited ‘restitutionary’ financial adjustments between the parties based on specific legislation. Unlike misrepresentation, duress, and influence, frustration is not about remedying wrongdoing. But nor is it about providing a fair distribution of the loss in response to unexpected risks. Rather, the law seeks to prevent one party unfairly benefiting from an unforeseen windfall at the expense of the other in the aftermath of a frustrating event.
1. Introduction
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This introductory chapter begins with a discussion of the nature and scope of family law, covering the meaning of ‘family’ and the functions of family law. It then describes trends in family law; the family justice system; and the internationalisation of family law.
3. The Personal and Property Consequences of Marriage, Civil Partnership and Cohabitation
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter considers how marriage, civil partnership or cohabitation affects the parties’ legal relationship with each other and the wider world. It examines the common law historical approach to marriage before discussing the use of a marital surname, the sexual relationship and the duty to provide financial support. It then discusses the approach taken to intimate relationships by contract law and tort, by public law, including criminal law, and by property law. The end of the chapter considers proposals for reform.
5. Protection from Domestic Abuse
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter begins with discussion of the definition and scale of domestic abuse; government strategy; and gender-based abuse as a breach of human rights. It then turns to the protection afforded by the criminal law, before considering a range of civil law remedies. Towards the end of the chapter, attention is given to law reform proposals in the Domestic Abuse Bill 2020.
11. Parents and Guardians
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter considers the fundamental legal status of parenthood. Scientific developments and social change have led to an increasing diversity of family forms and challenged the basis on which parenthood is recognised. In consequence, legal recognition of parenthood has become increasingly complex. This chapter considers parenthood at common law and in the legislation governing assisted reproduction. In doing so it considers the developing law concerning transgender parents, surrogacy arrangements and children’s right to knowledge of their biological origins. The chapter concludes with a discussion of guardianship.
12. What is Parental Responsibility?
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter considers the meaning and function of parental responsibility. It examines the content and limits of parental responsibility including in areas such as: education; medical treatment; corporal punishment; religious upbringing; and naming the child.
20. The High Court’s Inherent Powers in Respect of Children
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter discusses the High Court’s inherent powers in respect of children. The development of these powers, principally under the aegis of the wardship jurisdiction, was highly influential in the modern development of law and practice concerning children, and the Children Act 1989 incorporates many of its features. In detail, the chapter first considers the High Court’s exercise of inherent jurisdiction; the court’s powers; local authority use of the jurisdiction; and private law use of the jurisdiction. It then does the same for wardship.
21. The 1996 Hague Convention on the Protection of Children
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

Many relationships are now transnational ones between parties from different cultures and countries. The breakdown of these relationships means that increasing numbers of children are caught up in cross-border disputes. Such disputes raise a variety of issues, including which court should hear any question concerning the children’s upbringing, what happens if each parent brings separate proceedings at the same time, and about the enforceability of orders, for example that a parent living in one country should see their child in another country. Now that the UK has left the European Union the key international instrument for dealing with these issues is the 1996 Hague Convention on the Protection of Children which provides basic rules of jurisdiction for hearing cases concerning children and a consequential system of recognition and enforcement of decisions concerning parental responsibility. This chapter discusses the following aspects of the 1996 Convention: its aims, scope, the jurisdictional rules, applicable law with regard to parental responsibility, recognition and enforcement, the placement of children abroad and safeguarding rights of access.