bluuebunny/crossref_metadata_2025 huggingface dataset:
9. The Relationship Between EU Law and National Law:
Authors: Craig Paul , de Búrca Gráinne
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the doctrine of supremacy of EU law, which was developed by the European Court of Justice (ECJ) based on its conception of the ‘new legal order’. The ECJ ruled that the aim of creating a uniform common market between different states would be undermined if EU law could be made subordinate to national law of the various states. The validity of EU law can therefore, according to the ECJ, never be assessed by reference to national law. National courts are required to give immediate effect to EU law, of whatever rank, in cases that arise before them, and to ignore or to set aside any national law, of whatever rank, which could impede the application of EU law. Thus, according to the ECJ, any norm of EU law takes precedence over any provision of national law, including the national constitutions. This broad assertion of the supremacy of EU law has not however been accepted without qualification by national courts, and the chapter examines the nature of the qualifications that have been imposed by some national courts.
11. Human Rights in the EU
Authors: Craig Paul , de Búrca Gráinne
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy.
16. Damages Actions and Money Claims
Authors: Craig Paul , de Búrca Gráinne
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Article 340 of the Treaty on the Functioning of the European Union (TFEU) governs compensation against the EU. It leaves the Court of Justice of the European Union with considerable room for interpretation, and directs it to consider the general principles common to the laws of the Member States. The key issue is the test for liability where losses are caused by EU acts that are illegal. The Court has fashioned different tests for cases where the challenged act is of a discretionary nature and for those where it is not. This chapter discusses the application of Article 340 in relation to discretionary and non-discretionary EU acts, official acts of Union servants, valid legislative acts, causation and damage, joint liability for the EU and Member States, contractual liability, and restitution.
18. Free Movement of Goods:
Authors: Craig Paul , de Búrca Gráinne
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28-30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110-113 TFEU. These issues are considered within the chapter.
19. Free Movement of Goods:
Authors: Craig Paul , de Búrca Gráinne
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination.
20. Free Movement of Capital and Economic and Monetary Union
Authors: Craig Paul , de Búrca Gráinne
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, focuses on the free movement of capital and economic and monetary union (EMU). It first considers the movement of capital, one of the four freedoms enshrined in the original Rome Treaty. It then discusses EMU and analyzes the movement towards EMU, and the Treaty provisions that set the legal framework for EMU. The chapter considers arguments for and against EMU and the position of the European Central Bank, concluding with an overview of the stresses and strains of EMU in the light of the banking and financial crisis.
21. Free Movement of Workers
Authors: Craig Paul , de Búrca Gráinne
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law.
25. AFSJ:
Authors: Craig Paul , de Búrca Gráinne
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union. The subject matter dealt with by these provisions is important and politically sensitive, as it includes police and judicial cooperation in criminal matters, visas, asylum, immigration, and judicial cooperation in civil matters. This chapter is organized as follows. Section 2 considers the development of the three-pillar structure introduced by the Maastricht Treaty. Section 3 focuses on the rationale for the inclusion of the subject matter that comprises the AFSJ. Section 4 considers the general principles in the Lisbon Treaty that apply to all areas which comprise the AFSJ, including: Treaty objectives, competence, role of the principal EU institutions, judicial role, and an outline of the opt-outs that apply to the UK. The remainder of the chapter looks in more detail at criminal law and procedure.
27. Competition Law:
Authors: Craig Paul , de Búrca Gráinne
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on another principal provision concerned with competition policy: Article 102 TFEU. The essence of Article 102 is the control of market power, whether by a single firm or, subject to certain conditions, a number of firms. Monopoly power can lead to higher prices and lower output than would prevail under more normal competitive conditions, and this is the core rationale for legal regulation in this area. Article 102 does not, however, prohibit market power per se. It proscribes the abuse of market power. Firms are encouraged to compete, with the most efficient players being successful.
2. The Formation and Recognition of Adult Relationships:
Authors: Gaffney-Rhys Ruth
Published: August 2017

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers the formation and recognition of adult relationships i.e. marriage, same-sex marriage, civil partnerships and cohabitation. The questions included in this chapter cover: the right to marry contained in article 12 of the European Convention on Human Rights; forced marriage; the difference between opposite-sex marriage, same-sex marriage and civil partnerships and the difference between marriage and cohabitation.
3. Void, Voidable and Non-existent Marriages
Authors: Gaffney-Rhys Ruth
Published: August 2017

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter focuses on nullity, void, voidable and non-existent marriages. The first question requires students to analyse the difference between void and voidable marriages, the grounds for which are contained in ss.11 and 12 of the Matrimonial Causes Act 1973. The second is an essay question that considers the concept of non-marriage or non-existent marriage, which is regulated by case law. The third question is a problem question that examines void and voidable marriages and covers issues such as bigamy, prohibited degrees of relationship, gender reassignment and lack of consummation. The final question asks candidates whether the concept of voidable marriage should be abolished.
5. Family Property and Domestic Violence
Authors: Gaffney-Rhys Ruth
Published: August 2017

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter focuses on family property and domestic violence, which may not appear to be related, but the right to occupy real property by virtue of a legal or beneficial interest affects the right to apply for an occupation order in domestic violence situations. In addition, occupation orders are used to resolve disputes relating to the right to occupy real property in situations where there is no domestic violence. The first two questions consider ownership of family property, with emphasis on the family home, whilst the last two questions concern protection from domestic violence and focus on non-molestation and occupation orders available under the Family Law Act 1996.
7. Parenthood and Parental Responsibility
Authors: Gaffney-Rhys Ruth
Published: August 2017

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter focuses on legal parenthood and parental responsibility and contains two essay questions and two problem questions. The topics covered in this chapter are: presumptions of paternity and paternity tests; legal parenthood in assisted reproduction situations; the Human Fertilisation and Embryology Act 2008; legal parenthood in surrogacy situations; and parental responsibility. The topics covered in this chapter are complex as they raise legal, ethical and moral issues.
8. The Law Relating to Children:
Authors: Gaffney-Rhys Ruth
Published: August 2017

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s.8 of the Children Act 1989, the welfare principle and the Welfare Checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.
9. International Relocation and Child Abduction
Authors: Gaffney-Rhys Ruth
Published: August 2017

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter focuses on international relocation and child abduction. The first question is an essay question that considers the law relating to international relocation, i.e. how the English courts have dealt with applications to relocate out of the jurisdiction (e.g. Payne v Payne). The second is a problem question that requires the application of the Hague Convention on the Civil Aspects on International Child Abduction 1980 and the EU Regulations (BIIR), but also considers the law that applies if a child is taken to England and Wales from a country that has not ratified the Hague Convention. The final question is an essay question that considers whether the Hague Convention ensures that the child’s best interests are protected.
10. The Law Relating to Children:
Authors: Gaffney-Rhys Ruth
Published: August 2017

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter deals with the public law relating to children, contained in Parts III, IV and V of the Children Act 1989 and the law relating to adoption, under the Adoption and Children Act 2002. The questions contained in this chapter are a mixture of essay and problem questions that focus on: emergency protection for children, i.e. police protection, emergency protection orders and local authority enquires; care, supervision and education supervision orders; the difference between adoption and special guardianship orders and finally, the requirements and procedures for adoption.
12. Skills for Success in Coursework Assessments
Authors: Gaffney-Rhys Ruth
Published: August 2017

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter builds upon the guidance provided in chapter one regarding the completion of coursework or assignment questions. It sets out the expectations lecturers will have in relation to coursework submissions and provides advice on planning and how to research assignment tasks; how to evaluate and critically analyse the law; how to adhere to the word count; how to reference; how to proofread; and the practicalities of submission.
1. Exam skills for success in evidence
Authors: Spencer Maureen , Spencer John
Published: August 2017

The Concentrate Questions and Answers series offers 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 flow charts. This book is a supplementary aid to coursework preparation and particularly to revision for examinations and coursework. It does not present model answers to be slavishly imitated but, rather, examples to help the student understand the topic and see how it might be approached. The examinee’s objective is to accumulate in the time allowed as many marks as possible, a goal that needs to be broken down into three stages: namely, planning, execution and review. These days law examinations can take different forms, including seen questions, open book exams and so on. To take account of this, the book includes essay answers that are closer to more fully researched pieces than to the answers in a traditional unseen examination.
5. Hearsay
Authors: Spencer Maureen , Spencer John
Published: August 2017

The Concentrate Questions and Answers series offers 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 flow charts. This chapter focuses on the rule against hearsay, which is, historically, one of the great exclusionary rules underlying the law of evidence. In 1997 the Law Commission recommended that hearsay evidence be put on a clearer statutory footing in criminal trials. This eventually led to wholesale reform in the Criminal Justice Act (CJA) 2003, which preserves the rule but increases the number of exceptions and safeguards, providing a comprehensive regime for hearsay. The chapter provides an overview of the changes to hearsay introduced by the CJA 2003.
9. Examination and cross-examination
Authors: Spencer Maureen , Spencer John
Published: August 2017

The Concentrate Questions and Answers series offers 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 flow charts. This chapter deals with the type of questions that can or cannot be asked in examination-in-chief or cross-examination in criminal trials. This area overlaps considerably with criminal procedure, and Evidence courses vary in the topics they cover. The chapter covers refreshing of memory, rules on previous consistent statements and exceptions, and hostile witnesses in respect of examinations-in-chief. In respect of cross-examination, it covers rules on previous inconsistent statements, finality to answers to collateral questions and exceptions, the special rule for cross-examination of complainants in sexual offence cases and non-defendant’s bad character.
10. Privilege and public policy
Authors: Spencer Maureen , Spencer John
Published: August 2017

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter covers evidence excluded for policy or public interest considerations: public interest immunity (PII). A party, witness or non-participant in proceedings may refuse to disclose information, papers or answer questions, even though such material may be highly relevant and reliable. If PII applies, neither party has access to the evidence. For privilege, the areas most likely to occur in Evidence courses are privilege against self-incrimination and legal professional privilege. The former includes the right to silence of the defendant. The privilege against self-incrimination is generally upheld by common law and by implication by Art. 6 of the European Convention on Human Rights (ECHR). Legal professional privilege is a common law exclusionary rule principle that applies in civil and criminal proceedings.
2. What is land?
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter explores in detail the legal meaning of land and the nature of its protection. It considers usefulness of the cujus est solum, ejus est usque ad coelum et ad infernos brocard to proving the reach of a land owner's rights above and below the surface of the land. It also considers how the courts decide on whether particular objects count as part of land, or instead as independent chattels.
4. Human rights and land
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter examines the mechanics of how the Human Rights Act 1998 (HRA 1998) brings human rights home. It then explores Art 1 of the First Protocol (protection of possessions) and Art 8 (respect for the home). Art 14 (protection from discrimination) and Art 6 (right to a fair trial) are also outlined. Whilst compliance with Art 1 of the First Protocol has required little change in domestic law, a recent string of cases concerning compliance with Art 8 and repossession of the home has demonstrated a that a new approach is necessary to comply with human rights norms.
9. The doctrine of anticipation:
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter describes how equitable interests may arise through the application of the maxim ‘equity looks on as done that which ought to be done’. The acquisition of equitable rights through this maxim is attributed to the decision in Walsh v Lonsdale. The doctrine of anticipation applies where parties enter a specifically enforceable contract for the creation or transfer of legal estates and interests in land. The doctrine is important in identifying the rights and duties of parties during the course of the transaction. The impact of the doctrine is to develop equitable proprietary rights mirroring the legal rights that ‘ought’ to be granted. Where the effect of the doctrine is to separate legal and equitable entitlement to the same estate, a trust is imposed. The nature of the trust is on usual and its operation has recently been scrutinized by the Supreme Court.
10. Proprietary estoppel
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter is concerned with proprietary estoppel. Proprietary estoppel is a means by which a party (B) can gain some protection against an owner of land (A), even if he or she has no contract with A and even if A has not formally given B a property right in relation to A's land. That protection consists of A coming under a duty to B. Proprietary estoppel is therefore also a means by which B can obtain an equitable interest in A's land. It is noted that proprietary estoppel is very different from other forms of estoppel; so different that the term ‘estoppel’ is positively misleading. The chapter considers how the courts determine the extent of any right arising through proprietary estoppel, and it also examines the impact of such rights on third parties.
12. The priority triangle
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter addresses the question of when C can have a defence to B's pre-existing property right. It covers the basic principles that apply when answering the priority question. It examines how a court determines which of two competing property rights arose first. It also examines exceptions to the basic rule that B's property right, where it arises before C's property right, will take priority.
16. Interests in the home:
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. is joint and equal beneficial ownership. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.
18. Co-ownership and third parties:
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter considers applications for sale of land held on trust, which are brought by third parties; typically creditors and trustees in bankruptcy of a beneficiary. The chapter explores the different legislation and rules that applies depending on whether the application is made by a creditor or a trustee in bankruptcy. In determining applications for the sale of a home, the court must have regard to the rights of those influenced by the sale under Art 8 European Convention on Human Rights (ECHR). Where the sale is discretionary, the courts have the opportunity to undertake a proportionality balance required to ensure compatibility of the sale with the ECHR. Where there is no discretion, however, questions of compatibility with the ECHR arise.
21. Licences
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter presents a discussion on licences. Licences can be grouped into a number of categories, including bare licences, contractual licences, estoppel licences, statutory licences, and licences coupled with an interest. The key feature of a bare licence is that A is under no duty to B not to revoke the licence. The distinction between a bare licence and a contractual licence turns on the question of whether A is under a contractual duty to B. An estoppel licence, as well as a statutory licence, is similar to a contractual licence: the key difference is the source of A's duty to B. The concept of a ‘licence coupled with an interest’ has been applied by the courts as a way in which to develop the remedies available to B when he has a contractual licence, whilst at the same time technically respecting past decisions that limited those remedies. The chapter considers whether particular forms of licence ought to count as equitable interests in land, and also examines the means by which a licensee may be protected against a third party, even if the licence itself is only a personal right.
22. Leases
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter focuses on a key feature of a lease: its ability to count as a property right. It explores the three principal questions that apply to any property right: the content question, the acquisition question, and the defences question. It then evaluates how the judges’ approach to defining the content of a lease as a property right may have been affected by the presence of statutory protection. The courts’ approach to the content of a lease may be shaped by the fact that, if B has such a right, he or she may qualify (or have qualified) for significant statutory protection.
24. Leasehold covenants
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter explores the concept of a leasehold covenant. It investigates the mechanisms by which both negative and positive leasehold covenants bind subsequent purchasers of the lease from the original tenant and subsequent purchasers of the freehold reversion from the landlord. It also considers the law governing the enforcement of leasehold covenants and the process of forfeiture by which a landlord can bring the lease to an end for a failure by the tenant to perform the tenant's covenants. In addition, it focuses on forfeiture, as the most common measure with which to compel the performance of the tenant's covenants. Forfeiture is the process by which a landlord can extinguish a lease by exercising a right to re-enter the premises. It provides ‘an essential management tool, particularly in relation to commercial and long residential leases’, but it can also be a heavy-handed response.
25. Easements
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter is concerned with easements. An easement is the proprietary right to enjoy limited use of the land of another, which may exist in both positive and negative form. To constitute an easement a right over the land of another must display certain characteristics. If these characteristics are not present the right over the land of another is merely a personal right. An easement may be created by express, implied, or presumed grant. A s a proprietary right an easement is not easy to extinguish but in the case of freehold land, easement will be extinguished where the dominant and servient land come into common ownership and an easement attached to a lease may sometimes be extinguished upon the termination of that lease.
27. Flat ownership:
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.
This chapter addresses the more far-reaching issues of ensuring the effective and efficient management of flats. Flat ownership is obtained by granting the flat owner a long lease of his or her flat, with the freehold reversion being held either by an independent landlord or by a company owned collectively by the flat owners. The Commonhold and Leasehold Reform Act 2002 has introduced commonhold to offer a new framework for flat ownership but in many cases it holds few advantages over the long lease where the reversion is collectively owned by the flat lessees thorugh a corporate vehicle.
2. Participants and the parts they play
Authors: Snape John , Watt Gary
Published: August 2017

This chapter identifies the various players and their roles and the appropriate setting for the moot. It provides answers to the following questions: Does an Appellant get a right of reply? How are the roles of Appellants and Respondents chosen? How does the Respondent balance the need to make a case and to challenge the points made by the Appellants? What is the standard running order of a moot? How should a moot court be set out?
1. Introduction to Family Law
Authors: Harris-Short Sonia , Miles Joanna , George Rob
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases.
3. Family Property and Finances
Authors: Harris-Short Sonia , Miles Joanna , George Rob
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter first considers the current housing and employment status of different families and family members. It then discusses different family property systems; ascertaining ownership of land and other property, with particular reference to trusts in relation to the family home; family property law reform; rights in relation to the family home and its contents; and family finances.
4. Domestic Violence
Authors: Harris-Short Sonia , Miles Joanna , George Rob
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic violence and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part IV; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010; and integrating criminal, civil, and family proceedings.
5. Ending Relationships:
Authors: Harris-Short Sonia , Miles Joanna , George Rob
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; the present law of divorce and judicial separation; evaluation of the current law; options for reform of divorce law and the process of divorce; and the future of English divorce law.
7. Property and Finances when Relationships End
Authors: Harris-Short Sonia , Miles Joanna , George Rob
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on financial remedies for the benefit of the adults. It discusses remedies on divorce; the principles governing the grant of financial relief; exercising the statutory discretion; the clean-break principle; private ordering; and remedies on other types of family relationship breakdown.
8. Fundamental Principles in the Law Relating to Children
Authors: Harris-Short Sonia , Miles Joanna , George Rob
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which focuses on alternative approaches to child-related disputes and their influence on English law, first considers the welfare principle and its central role in child law today. It addresses the problems and limitations of the principle, and then looks at alternatives to a welfare-orientated approach. The chapter examines children's rights as an alternative to a welfare-orientated approach. It explores the different theoretical perspectives on the concept of children's rights; the extent to which this approach has gained acceptance within domestic family law; and the importance of the ‘non-intervention’ principle and the possible tension between a commitment to maximizing children's welfare whilst supporting only a minimalist role for the state, including promoting family dispute resolution in the private realm.
9. Becoming a Legal Parent and the Consequences of Legal Parenthood
Authors: Harris-Short Sonia , Miles Joanna , George Rob
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines how the status of ‘legal parenthood’ is acquired under English law. It considers different concepts of parenthood and possible approaches to determining legal parenthood; the current legal framework for identifying a child's legal parents where a child is conceived through natural procreation; the problems and challenges raised by the use of assisted reproduction techniques and surrogacy; and adoption, a unique means of acquiring the legal status of parenthood under English law.
12. Child Protection
Authors: Harris-Short Sonia , Miles Joanna , George Rob
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.
13. Adoption
Authors: Harris-Short Sonia , Miles Joanna , George Rob
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the place of adoption within the government’s child protection policy, the legal framework for adoption under the Adoption and Children Act 2002 (ACA 2002), the core principles underpinning the ACA 2002, the adoption process and the ongoing reform agenda. It considers the application of the welfare principle to three contentious issues: (i) the importance of the birth family in an adoption dispute; (ii) trans-racial adoption; and (iii) step-parent adoptions and adoptions by a sole natural parent. The chapter also examines the issue of ‘open adoption’, focusing on adopted children's right to information about their birth families and provision for post-adoption contact, and, finally, considers the main alternative to adoption: special guardianship.
Unseen! Male sexual assault survivors
Authors: Perkins Amanda
Published: August 2017

Nurses can work to create changes in perceptions and awareness of sexual violence against men.
Weak hydrogen and halogen bonding in 4-[(2,2-difluoroethoxy)methyl]pyridinium iodide and 4-[(3-chloro-2,2,3,3-tetrafluoropropoxy)methyl]pyridinium iodide
Authors: Lu Norman , Wei Rong-Jyun , Chiang Hsing-Fang , Thrasher Joseph S. , Wen Yuh-Sheng , Liu Ling-Kang
Published: August 2017

To enable a comparison between a C—H...X hydrogen bond and a halogen bond, the structures of two fluorous-substituted pyridinium iodide salts have been determined. 4-[(2,2-Difluoroethoxy)methyl]pyridinium iodide, C8H10F2NO+·I−, (1), has a –CH2OCH2CF2H substituent at the para position of the pyridinium ring and 4-[(3-chloro-2,2,3,3-tetrafluoropropoxy)methyl]pyridinium iodide, C9H9ClF4NO+·I−, (2), has a –CH2OCH2CF2CF2Cl substituent at the para position of the pyridinium ring. In salt (1), the iodide anion is involved in one N—H...I and three C—H...I hydrogen bonds, which, together with C—H...F hydrogen bonds, link the cations and anions into a three-dimensional network. For salt (2), the iodide anion is involved in one N—H...I hydrogen bond, two C—H...I hydrogen bonds and one C—Cl...I halogen bond; additional C—H...F and C—F...F interactions link the cations and anions into a three-dimensional arrangement.
Development of a Housing Eligibility Assessment Scoring Method for low-income urgent repair programs
Authors: Ofori-Boadu Andrea Nana , Shofoluwe Musibau Adeola , Pyle Robert
Published: August 2017

Purpose

The purpose of this paper is to develop a Housing Eligibility Assessment Scoring Method (HEASM) for low-income Urgent Repair Programs (URPs).

Design/methodology/approach

In order to develop a practical HEASM that incorporates the prevailing eligibility assessment criteria for low-income URPs, a case study research approach was adopted. Emergent themes and patterns in predominant eligibility assessment criteria and methods are derived from program documents utilized by a successful State Urgent Repair Program (SURP) and its 42 Community Partners operating in the Southeastern region of the USA. Coupled with interviews and the expert analysis of SURP staff, the quantitative analysis of 11,414 repaired homes and literature reviews were used to categorize predominant eligible housing repairs and costs.

Findings

The five key eligibility assessment criteria categories that emerged from the data analysis are: location, owner-occupancy, family needs, housing repair, and estimated repair costs. The framework of the proposed HEASM is guided by these five categories.

Originality/value

URP decision makers are provided with a simple, practical, and objective eligibility assessment method that can be easily modified to accommodate the unique eligibility criteria and local program conditions. This method should improve the eligibility assessment, prioritization, and the eventual selection of qualifying applicants. Consequently, the capacity of URPs to provide funding to their targeted populations with the most critical needs would be enhanced. Insights could drive the impetus to modify existing URP.
The influence of organizational culture on healthcare supply chain resilience: moderating role of technology orientation
Authors: Mandal Santanu
Published: August 2017

Purpose

This paper aims to explore the influence of dimensions of organizational culture, namely, development culture, group culture, rational culture and hierarchical culture, on healthcare supply chain resilience (HCRES). Further, the study explored the moderating role of technology orientation on organizational culture dimensions and healthcare resilience linkages.

Design/methodology/approach

The study adopted a multi-unit study of different hospital supply chains (SCs). Consequently, perceptual data were gathered from seven dominant entities in a typical medical/hospital SC: hospitals, hotels, chemistry and pharmaceutical, marketing/public relations/promotion, medical equipment manufacturers and surgical suppliers, food and beverage providers (i.e. restaurants) and insurance providers. The responses were gathered using online survey and were analyzed using structural equation modeling.

Findings

Based on 276 completed responses, positive influences were found for development, group and rational cultures on HCRES. As expected, a negative influence of hierarchical culture was found on HCRES. Further, technological orientation was found to enhance the positive effects of development, group and rational cultures on HCRES. However, no prominent moderation was noted for hierarchical culture’s influence on HCRES. The findings suggested managers to focus more on developing competing values framework (CVF)-based dimensions of organizational culture dimensions for effective risk mitigation so as to provide healthcare services in a timely manner to patients.

Originality/value

The study is the first to investigate the effects of organizational culture’s dimensions on resilience. The study has empirically established the association between CVF view and dynamic capabilities. The study underlined the importance of resilience in healthcare SCs. Resilience is an important dynamic capability in healthcare SCs to provide uninterrupted treatments and services to patients. Any failure in such a service can be fatal. Further, the study developed the measures of development, group, rational and hierarchical culture for further investigation in healthcare. This study is also the first to develop a measure for resilience in the healthcare sector.