bluuebunny/crossref_metadata_2025 huggingface dataset:
1. Introduction to constitutional 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 definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.
2. Sources of constitutional law and constitutional conventions
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 first discusses the five key sources of UK law: the common law in the form of judicial decisions and cases involving the interpretation of statutes, Acts of Parliament, EU retained and converted law, and the European Convention on Human Rights and Fundamental Freedoms. It then turns to the issue of constitutional conventions, covering the distinction between laws and conventions, whether constitutional conventions are binding, and examples of constitutional conventions.
3. The rule of 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 meaning of the rule of law; government according to law; the key features of a legal system based on the rule of law; whether the UK legal system complies with Dicey’s conception of the rule of law, whether wide arbitrary and discretionary powers are ever justified, privileges and immunities, and whether the courts ought to be able to extend the criminal law.
6. Parliamentary sovereignty
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 definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the devolution of the legislative process.
7. The monarchy and the Royal Prerogative
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. The UK is a constitutional monarchy: the monarch exercises their legal powers as part of a system of government which is parliamentary and democratic. The chapter discusses the legal source of the monarch’s powers as head of state which is the Royal Prerogative exercised in accordance with binding political rules and practices. The chapter also covers the monarch’s role within the executive. This chapter discusses the special privileges and immunities of the monarch; the powers and duties of the monarch; and the monarch and the organs and functions of government.
8. The executiveCentral, devolved, and local government
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 executive branch of government. The executive consists of the reigning monarch who is legally the head of state, the Prime Minister, Cabinet, unanimity of advice and collective cabinet responsibility; Secretaries of State, Ministers of the Crown, departments of state, non-departmental public bodies, the civil service, the Civil Service Commission, parliamentary accountability, the Ministerial Code, the seven principles of public life, legal accountability, devolved administrative organizations in Scotland, Wales, Northern Ireland, and London, local authorities, the police, and the armed forces, the effect of the Localism Act 2011, the Scotland Acts 1998, 2012, 2014, and 2016, the Cities and Devolution Act 2016, and the Wales Act 2017. This chapter also discusses the relevant provisions of the European Union (Withdrawal) Act 2018 and the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018.
13. Grounds for judicial reviewProcedural impropriety, natural justice, and legitimate expectation
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 procedural impropriety, which means breach of the rules of natural justice, and failure to comply with statutory procedural requirements. This chapter looks at the definitional elements of the rules of natural justice, whether the rules of natural justice apply in principle, the extent to which the rules of natural justice apply, disciplinary hearings, licensing cases, pecuniary and personal bias, whether or not a fair trial has taken place, and the right to be given reasons for a decision. This chapter also considers legitimate expectation as a ground for judicial review.
1. Tort and the tort system
Authors: Brennan Carol
Published: September 2021

Tort is the area of civil law which provides a remedy for a party who has suffered the breach of a protected interest. Different torts deal with different types of harm or wrongful conduct and the ‘ingredients’ for each of these torts are different; each with its own particular characteristics. This chapter discusses the types of loss or harm covered; competing interests; remedies; comparison of tort with contract law, criminal law, and human rights law; the aims of the law of tort (compensation and deterrence); and alternative routes to compensation. The influence of insurance and of the Compensation Act 2006 is included.
4. Pure economic loss and negligent misstatement
Authors: Brennan Carol
Published: September 2021

This chapter discusses the law on pure economic loss, which is loss that is not derived from physical injury, death, or property damage. It may be consequential, that is resulting from the acquisition of a defective product or property. More commonly, the issue arises due to a negligent misstatement, or provision of professional services. This is an area of commercial and professional importance where there has been a trend towards expansion in the area of negligent misstatement. The two key cases in this area are Murphy v Brentwood District Council and Hedley Byrne v Heller.
5. Psychiatric injury
Authors: Brennan Carol
Published: September 2021

This chapter discusses the law on psychiatric injury. Psychiatric injury which is not derived from physical injury is a type of damage which is not always recoverable in negligence. It is an aspect of duty of care. The range of allowable actions has evolved through developments of control mechanisms in the common law, often policy-based. The legal distinction between the primary and secondary victim is explored, as are more atypical situations. The four key cases are McLoughlin v O’Brian (1983), Alcock v Chief Constable of South Yorkshire Police (1991), Page v Smith (1995), and White v Chief Constable of the South Yorkshire Police (1999).
7. Causation in fact
Authors: Brennan Carol
Published: September 2021

This chapter discusses the law on causation in fact. This is a matter of historical fact and can be addressed initially by the ‘but-for’ test. However, the but-for test is inadequate to establish causation in a number of different situations: unknown causes, cumulative causes, and consecutive causes and those in which the test produces an illogical or unjust outcome. It is an area in which recent policy-driven decisions have revived the approach of ‘material increase in risk’, as in the asbestos case of Fairchild v Glenhaven. Allocation of liability has been addressed in the Compensation Act 2006, s 3.
11. Intentional torts
Authors: Brennan Carol
Published: September 2021

This chapter discusses both common law and statute in relation to the torts of trespass to the person: battery, assault, and false imprisonment. These torts have three common characteristics: they are the result of intentional actions, take the form of direct harm, and are actionable per se, that is, without proof of damage. An additional intentional tort is derived from Wilkinson v Downton (1897), the wilful infliction of physical harm upon the claimant by indirect means. This category of intentional harm is also augmented by the Protection from Harassment Act 1997. Defences to the intentional torts are also discussed.
12. Nuisance and Rylands v Fletcher
Authors: Brennan Carol
Published: September 2021

This chapter discusses the law of nuisance. ‘Nuisance’ relates to three very different actions: private nuisance, public nuisance, and statutory nuisance. All three are land-related torts, occurring indirectly, and often concern neighbour disputes and environmental wrongs. Unlike negligence, in nuisance the law is concerned less with the nature of the defendant’s conduct than with its effect upon the claimant. Private nuisance must have an element of continuation and damages will not be recoverable for physical injury. The case of Rylands v Fletcher (1868) established a new tort which provided for strict liability of defendants in certain nuisance-related situations.
14. Defamation
Authors: Brennan Carol
Published: September 2021

This chapter presents the tort of defamation. The tort is divided into two causes of action: libel, which concerns communications in permanent form; and slander, which concerns communications in transitory form. Libel has been actionable without proof of damage although serious harm is now a factor. Slander is actionable only with proof of damage except in two exceptional situations. The claimant must establish a defamatory statement, referring to the claimant and its publication. The primary defence to defamation is truth, and defences in this field raise issues under art 10 of the European Convention on Human Rights. The Defamation Acts 1996 and 2013 are covered, as are remedies for defamation.
15. Privacy
Authors: Brennan Carol
Published: September 2021

This chapter discusses the law on the protection of privacy. The passage of the Human Rights Act 1998, incorporating the European Convention on Human Rights (ECHR) into domestic law, enabled a new perspective on the question of protection of privacy, previously not covered by a specific tort. The art 8 right to respect for private and family life must be balanced with the equally powerful art 10 right to freedom of expression. Campbell v MGN (2004) provides a detailed consideration of this area of law by the House of Lords. The chapter covers the action for misuse of private information, the issue of photography, and that of remedies.
17. Remedies and principles of compensation
Authors: Brennan Carol
Published: September 2021

This chapter discusses the main remedies for torts: damages and injunctions. In tort, damages are primarily compensatory and are intended to restore to the claimant what he has lost. Damages may be punitive or aggravated. They may be awarded in a lump sum, or in periodic or provisional form, and may be subject to deductions. An injunction is an order of the court requiring the defendant either to do something (mandatory injunction) or to cease doing something (prohibitory injunction). Interim injunctions anticipate trial of the full issue. Upon death, a remedy may be obtainable on behalf of the deceased or his dependants.
2. Agreement problems
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 focuses on issues which may prevent the parties from reaching agreement. Agreement problems generally affect the agreement by rendering it void. It is necessary, however, to distinguish a void contract from one which is merely voidable. If an apparent agreement is too uncertain in its terms (e.g. because it is vague or essential terms are missing), the courts will not enforce it because they will not construct a binding contract for the parties. An apparent agreement may be void where the parties entered into the agreement under a ‘fundamental’ mistake which the law recognizes as preventing the parties from ever reaching agreement.
3. Enforceability issues
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 examines the question of whether the promises contained in the agreement are enforceable so that there is a legally binding contract in place (formation). It considers the parties’ intention to be legally bound and the need to establish that the promises are part of a bargain. The same bargain requirement applies to alteration promises, although the treatment of alteration promises is not as strict. It is possible for freely made alteration promises to be enforceable when not ‘paid for’ with another promise or action, e.g. by means of the doctrine of promissory estoppel.
5. Terms and breach of contract
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 how to identify the contractual obligations assumed by the parties in their contract, distinguishing terms (promises) and representations (non-promissory inducements to contract), and identifying the express and implied terms. It also looks at standards of performance, how to identify broken promises as a prelude to considering the remedies for breach of contract, and whether it is possible to opt not to continue to perform further contractual obligations following the other party’s breach.
6. Exemption clauses and unfair contract terms
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 use and enforceability of exemption clauses (total exclusion or limitation of liability clauses inserted into contracts) and their legislative regulation. Whereas the regulation of such clauses is limited to the common law and UCTA 1977 in the case of commercial contracts (B2B), in the case of consumer contracts (B2C) the law intervenes to control a broader category of terms, ‘unfair contract terms’ (Consumer Rights Act 2015) with the critical test being ‘unfairness’.
8. Contractual impossibility and risk: frustration and common mistake
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 examines the law’s response to events that render performance of the contract impossible for reasons beyond the control of the contracting parties, and so provide an excuse for non-performance. The default legal doctrines—common mistake (initial impossibility) and frustration (subsequent impossibility)—may come into play in instances of impossibility of performance only where there is no express or implied allocation of the risk of the event in the contract. These default doctrines determine what is to happen to the existing and future obligations of the parties.
9. Misrepresentation
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 identification of actionable misrepresentations which affect the fairness of the process by which a contract was entered into, and render that contract voidable for misrepresentation (liable to be set aside and the parties restored to their pre-contractual positions). It identifies three types of misrepresentation depending on the state of mind of the misrepresentor: fraudulent, negligent, or innocent. It distinguishes between remedies available for the different types of pre-contractual statements, specifically rescission and damages for the different types of misrepresentations, and briefly explains the distinction between commercial contracts and the remedies available to consumers under the Consumer Protection from Unfair Trading Regulations 2008.
3. The Transfer of Powers and Union Competences
Authors: Foster Nigel
Published: September 2021

This chapter examines the multifaceted and increasingly complex relationship between the European Union and its member states. The chapter begins with the transfer of sovereign powers and the democratic legitimacy of the Union and the establishment of constitutionalism within the Union. Section 3.4 considers the transfer of powers from the member states and the division and control of competences between the Union and the member states. In this context, the principles of subsidiarity and of proportionality are discussed, which are the political solutions to the very emotive questions about how power is shared between the Union and the member states.
6. Remedies in EU Law: Direct Effects, Indirect Effects, State Liability, and Art 267 TFEU
Authors: Foster Nigel
Published: September 2021

This chapter brings together a number of related issues that are indirectly linked to the preliminary ruling procedure under Art 267 of the Treaty on the Functioning of the EU (TFEU)—the vehicle by which the leading principles and remedies in EU law were developed by the Court of Justice; in particular, the means by which EU law could be enforced by individuals via the national courts, rather than by the Commission, or other institutions, or member states in direct actions before the CJEU. The discussions cover Art 267 TFEU; direct applicability and direct effects; state liability; and national procedural law and the system of remedies.
10. An Introduction to EU Competition Policy and Law
Authors: Foster Nigel
Published: September 2021

The idea of competition lies at the heart of the capitalist system and at the heart of European Union (EU) economic law. The broad policy objective remains to maintain and encourage competition for the benefit of the EU and its citizens. This chapter discusses EU competition law and covers the basic outline of EU competition policy; Art 101 TFEU; Art 101(2) TFEU and the consequence of a breach; Art 101(3) TFEU exemptions; Art 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.
1. Introduction to the Study of Contract Law
Authors: Naidoo André
Published: September 2021

This introductory chapter provides an overview of contract law and its application. A contract is an agreement made with intention that it will be legally enforceable. Contract law concerns issues regarding the formation of contracts; the sources, interpretation, and regulation of terms; when a breach takes place and the resulting consequences; and ways to escape a contract through vitiating factors, mistake, or frustration. The parties’ intentions are determined using an objective approach based on the standard of the reasonable person. A lot of contract law can be understood as default rules to apply when the parties have not been clear enough about their intentions. The law of contract also concerns foundational principles and mainly consists of common law rules. Many cases still give effect to the values of the classical model, which is based on the freedom and sanctity of contract, and a view that contracting parties are self-interested. The most significant recent development away from the classical model is the recognition of relational contracts and an implied obligation to act in good faith.
5. Consideration and Promissory Estoppel
Authors: Naidoo André
Published: September 2021

This chapter evaluates the other requirement for an agreement to be legally enforceable: consideration. In its simplest form, consideration is often described as being something of value that is given (or promised) by each party in exchange for the other party’s promise or performance. Disputes concerning consideration usually begin by one party claiming that the other is in breach of their contract. The other party then argues that no consideration had been given in return for what they promised to do, and therefore the agreement is not enforceable. In a case concerning consideration, courts will typically focus on the obligations to be enforced, and then work out if something of value was given (or promised) in return for the performance of those obligations. Sometimes, a strict application of the consideration requirement is a barrier to reflecting the parties’ intentions. For that reason, the courts have developed a more relaxed approach in certain circumstances. There is also a limited exception to the requirement for consideration, which is known as promissory estoppel.
7. Exemption Clauses and Unfair Terms
Authors: Naidoo André
Published: September 2021

This chapter assesses exemption clauses and unfair terms. Exemption clauses are terms that either exclude or limit the liability of a party. The law relating to the use of such clauses is a mixture of rules found in both the common law and legislation; the common law rules apply to all contracts. In addition, the Unfair Contract Terms Act 1977 applies to the use of exemption clauses in contracts between two businesses. For consumers, the Consumer Rights Act 2015 provides wider protection from unfair terms including exemption clauses. The practical context of exemption clauses is simple. One party will be in breach and so the other will seek compensation for the loss caused by the breach. The party in breach will then defend the action by relying on an exemption clause. The dispute is then about whether or not the clause can be relied upon. The circumstances in which terms might be assessed for being ‘unfair’ can be wider than this. Typically, a business will take action against a consumer following the consumer’s failure to perform an obligation, which will then prompt the consumer to challenge the obligation as based on an unfair term.
11. Remedies Part III: Non-compensatory Remedies
Authors: Naidoo André
Published: September 2021

This chapter identifies some alternative, exceptional remedies that could be available to an innocent party following a breach of contract. Generally, they can only be used when an award of compensatory damages would for some reason not be adequate or is unavailable. The chapter starts with specific performance and injunctions. Both remedies were developed in equity rather than the common law. This means that their application is largely discretionary and so the chapter looks at the factors that could be relevant to the exercise of that discretion. It then turns briefly to the remedy of restitution for unjust enrichment. While this is a different area of law, it can provide a remedy where there was thought to have been a contract but it turns out there was not one. In certain circumstances, it could also provide a remedy following a breach. A basic grasp of this area will also help to understand the very exceptional ‘restitution for a wrong’ remedy. Finally, the chapter considers the remedy of negotiating damages as well as agreed damages clauses.
12. Third Party Rights (the Doctrine of Privity)
Authors: Naidoo André
Published: September 2021

This chapter highlights the doctrine of privity of contract; that means it is about the rights and obligations of third parties. The starting point is the basic common law rule of privity. At common law, third parties have no general right to enforce contracts made by others. Likewise, contracts made by others cannot impose obligations on third parties. This is a fairly straightforward principle and is based on sound reasons, but in practice privity has become a complex area. The existence of the rule resulted in a range of clever devices being developed to get around it, all of which are of commercial importance. And the rule against parties enforcing contracts made by others in particular was also severely criticized over the years for various reasons. The basis for such criticism resulted in some partial exceptions being developed in the case law, and ultimately in a statute—namely the Contracts (Rights of Third Parties) Act 1999. This complicates matters further because the Act only applies in certain circumstances and its application can be excluded by the terms of the contract. As such, there will be circumstances in which the common law exceptions and devices remain relevant, and they must therefore be studied alongside it.
13. Misrepresentation
Authors: Naidoo André
Published: September 2021

This chapter explains the law relating to the requirements and remedies for misrepresentation. The rules that the chapter covers developed originally in the context of all types of contracts. However, more recent legislation has introduced some specific protection for consumers. Consequently, the common law rules and older legislation that the chapter covers are now more applicable to non-consumer contracts, i.e. contracts between businesses and those between private parties. The chapter starts by addressing the kind of false statements that can result in a remedy. It then addresses the common law and legislative remedies that could be available to the innocent party. Finally, the chapter turns to the impact of the more recent consumer legislation before finally examining the extent to which an exemption clause could cover liability for misrepresentation.
14. Duress
Authors: Naidoo André
Published: September 2021

This chapter discusses duress, a word associated with a threat that forces someone to do something. It is not difficult to imagine this in a context of contracts. The typical hypothetical example would be a party that signs a contract at gunpoint. Entering a contract under duress in this fashion means that the consent to the contract was impaired by the wrongdoing. This means that duress is another vitiating factor, like misrepresentation, and therefore it results in the contract being voidable. The chapter examines the law relating to contracts made as a result of duress. It starts with the role of the law and the shape of the area, which provides a brief overview of the development of the duress principle. The chapter then turns to the initial categories of duress, and with each it explores the principles arising from the case law and the scope of the duress principle in those contexts. Of these categories, economic duress and lawful act duress are the most recent to have evolved, and they are particularly interesting because they continue to be the subject of judicial and academic debate. The chapter’s final issue concerns the remedies for duress, and a key issue here is the question of whether duress can result in a claim for damages.
17. Mistake
Authors: Naidoo André
Published: September 2021

This chapter assesses situations in which one or both parties enter into a contract on the basis of a mistake that is so serious that it negates their consent to a contract; or, it means they did not consent to the agreement in the first place. Following such an ‘operative’ mistake, the contract will be void from the start and therefore treated as though a valid contract never existed. The chapter then considers the law on mistake. It starts with mistakes that prevent the formation of an agreement. The most significant mistake of this type is known as a ‘unilateral mistake’, which is where one party appears to have entered the contract on the basis of a mistake. The next significant issue is known as ‘common mistake’, which is where, at the time of creating the contract, both parties appear to be making the same mistake about the existence of an essential state of affairs. Finally, the chapter addresses the related remedy of equitable rectification before finally turning to the highly exceptional defence of non est factum.
2. Forming Intimate Enduring Adult Relationships
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter begins with a discussion of marriage as a legal concept, the legal recognition of same-sex relationships and creation of civil partnerships. It considers the rules governing entry into marriage and civil partnership and the presumption of marriage. It also discusses the concept of nullity of marriage or civil partnership, the concept of a ‘non-qualifying ceremony’ and the grounds for annulment. The chapter concludes with a discussion of cohabitation outside marriage and its recognition by the law.
4. The Family Home
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter discusses the legal treatment of the family home. It considers the rules governing ownership and the application of the concepts of resulting and constructive trusts and proprietary estoppel to determining entitlement to and shares in the property. It then discusses occupation of the family home, statutory home rights and other forms of protected occupation. It concludes with a discussion of reform proposals including the introduction of a discretionary remedial regime for cohabiting couples.
14. The Welfare Principle
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter is concerned with the foundational principle of child law: the welfare principle. It discusses the contested meaning of ‘welfare’ in s 1 of the Children Act 1989, particularly through evaluation of the terms outlined in the welfare checklist. This includes consideration of matters such as the weight to be given to children’s wishes and feelings. The meaning of ‘paramountcy’ is then discussed, including assessment of the impact of the Human Rights Act 1998 and an explanation of the circumstances in which welfare is not paramount. The chapter then turns to the impact of the presumption of parental involvement, ‘no order’ principle and the need to avoid undue delay on the assessment of a child’s welfare.
16. Private Law Proceedings Concerning Children
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter considers the courts’ powers under Part II of the Children Act 1989 to resolve family disputes concerning the upbringing of children. These disputes, commonly labelled ‘private law disputes’, are normally between the parents following divorce or separation but can involve other family members. It first discusses the original scheme of Part II; changes made by the Children and Adoption Act 2006; and changes made by the Children and Families Act 2014. It then considers section 8 orders; family assistance orders; and section 37 directions.
17. Public Law Proceedings Concerning Children
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This is the first of two chapters discussing child protection issues—what is often called the public law concerning children. Chapter 17 begins with a consideration of the basic dilemmas of child protection followed by an overview of the development of local authority powers. It explains the current basic legal framework and provisions for local authorities to provide services for families; specific duties and powers; accommodating children in need; and secure accommodation. The chapter ends by focusing on the local authorities’ investigative powers and duties. It covers the general duty of investigation under s 47 of the Children Act 1989; co-operating with other agencies to discharge investigative duties; emergency protection orders; child assessment orders; and police protection.
22. International Parental Child Abduction
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter concerns parental child abduction, that is, where one parent takes the child to another place or jurisdiction without the other’s consent. The chapter discusses the issue both where the abduction is within the UK and where the child is taken to a foreign jurisdiction. The chapter begins by looking at the mechanisms to prevent abduction. It then considers the inter-UK position under the Family Law Act 1986 followed by an examination of the international position first with regard to abductions to and from ‘non-Convention countries’ and then with regard to those governed principally by the 1980 Hague Abduction Convention. In the latter regard it discusses the concepts of rights of custody, wrongful removal and wrongful retention and habitual residence. It then examines the making and refusing to make orders for the child’s return and ends with a discussion about the position with regard to access.
3. Ending a Marriage or Civil Partnership
Authors: Morgan Polly
Published: September 2021

This chapter starts with a brief history of divorce. The chapter then considers the current law on divorce, its historical origins and strengths, and its weaknesses. It then turns to the new law on divorce which is due to come into effect in the autumn of 2021. The chapter asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? The chapter uses a real-life scenario to answer these questions.
4. Financial Provision on Divorce
Authors: Morgan Polly
Published: September 2021

One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences of the divorce, dissolution, or judicial separation. Amongst other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be evaluated and divided accordingly. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts' powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. A number of different scenarios are used to help with this analysis.
6. Financial Support for Children
Authors: Morgan Polly
Published: September 2021

It is undeniable that anyone who is legally classified as a parent has an obligation to maintain their child. This chapter considers three areas of financial support for children: child maintenance as a percentage of gross weekly income of the non-resident parent, the financial outcomes of divorce as guided by the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004, and Schedule 1 of the Children Act 1989. The chapter starts with a brief history of financial support for children in the UK.
7. Domestic Abuse
Authors: Morgan Polly
Published: September 2021

In the past, domestic abuse and intimate partner violence were viewed as private matters, ones that rarely necessitated criminal or civil sanction. The law has changed quite considerably over time thanks to a growing recognition of the nature and consequences of domestic abuse. This chapter considers the effect and nature of domestic abuse and looks at how the law has sought to address it. The chapter starts by defining the term ‘domestic abuse’. Domestic abuse is very difficult for the law to deal with effectively for a couple of key reasons: the legal powers are piecemeal and overlapping and the police and prosecution responses have been lacking. Rates of domestic abuse remain high so there is still work to be done to protect people.
6. Crime and the media
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter focuses on research into various forms of media and their long, complex relationships with crime. In today’s increasingly multi-media world, most people can access crime-related information and stories through a wide variety of media and can publish and distribute their own views and accounts, if they choose. The chapter first outlines some of the ways in which criminologists examine the media and analyse the ways in which it has been used to represent (either directly or indirectly) ‘facts’ and opinions about crime. It then looks at how this can reflect wider and less obvious considerations, such as social concerns and attitudes to different groups, such as young people and migrants, before exploring how crime is depicted in fiction and popular entertainment. Finally, the chapter discusses the effects of media representations of crime, considering the ways in which the media could be seen as criminogenic (causing crime), for example that it can facilitate and provide a platform for crimes, such as cybercrime, and the ways it could be seen to have a positive influence on crime.
7. Victimology
Authors: Nurse Angus
Published: September 2021

This chapter assesses victimology, which has become an important sub-discipline within criminology. Victimology includes the study of victimisation as well as the challenges of legal and institutional definitions of the ‘victim’. Discussions include debates concerning victims’ rights and activism and how victimhood has come to be understood and responded to. The chapter then considers both narrow and wider ideas of victimisation, and examines whether and how criminal justice processes and public policy have developed in response to victims’ needs. While victims are really the people who the criminal investigation and trial are meant to serve, they are often not part of the process. The chapter also looks at a key part of victimology, which is the use of statistical evidence on the levels of victimisation.
10. Race, ethnicities, and the criminal justice system
Authors: Samota Neena
Published: September 2021

This chapter explores the broader context and history of race-related issues in the UK, considering why racial disparities persist in diverse societies like the US, Australia, Canada, and the UK, before narrowing the focus to race and ethnicity in the sphere of crime and criminal justice. The concepts of ‘race’ and ‘ethnicity’ have long played major roles in both classroom and broader societal discussions about crime, punishment, and justice, but they have arguably never been more present and visible than today. The chapter looks at the problems with the statistics available on race, ethnicity, and crime, noting the ways in which they may not tell the whole story, before considering the statistics themselves as the chapter discusses the relationships between ethnicity and victimisation and offending. It then moves on to how ethnic minorities experience the various elements of the criminal justice system and the disadvantages they often face, before outlining the attempts that have been made to address these disparities at a state level. Finally, the chapter discusses critical race theory, a key theory in modern criminological examinations of race and its relationship to crime and justice, which grew out of the US but has much broader value and relevance as a framework of analysis.
11. Gender and feminist criminology
Authors: Ugwudike Pamela
Published: September 2021

This chapter focuses on criminological studies of gender, particularly women’s experiences as offenders and victims, and the extent to which women’s offending and victimisation are interlinked. It begins with an overview of how gender features in criminological studies then considers the origins and principles of feminist criminology, which is a strand of criminology that has heavily influenced criminological studies of gender and crime. The chapter also explores the main theoretical traditions within feminist criminology and the philosophical orientations that influence feminist research. This exploration includes the criticisms levelled against feminist criminology. Finally, the chapter examines how more recent strands of feminist thought have tried to respond to these criticisms.
14. Global criminology 2
Authors: Darke Sacha
Published: September 2021

This chapter highlights instances of crime and justice that cross national borders. The chapter is therefore concerned with how global economic, social, and political connections facilitate the organisation of crime and the coordination of justice. The chapter begins by outlining the scope of transnational criminology, looking at the theoretical concepts it employs and its defining characteristics. It then explores some of its major areas of research interest: state terror, drug trafficking, people smuggling, the trade in and dumping of toxic waste, and cybercrime. Finally, the chapter addresses two of the most prominent academic debates within and associated with transnational criminology: the extent to which transnational crime is hierarchical and organised, and the means by which the international community might best police it.
19. Social harm
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter evaluates the idea of ‘social harm’, considering whether we should think of it as being separate from, or related to, what we have previously thought of as ‘criminology’. It begins by examining what social harm is, and the many criticisms that its proponents make of traditional interpretations of ‘crime’ and ‘criminology’. The social harm approach, a perspective that has become increasingly prominent over the past two decades, argues that state-generated, legal definitions of ‘crime’ are much too narrow, as they do not reflect significant (though not always illegal) social, physical, emotional, psychological, cultural, and financial and economic harms that can be inflicted by social structures, multinational bodies, and the state. So far, much of the work in this area has focused on broader theoretical and conceptual issues, but social harm perspectives have also informed important studies of a wide range of social occurrences and events. These have ranged from studies of the harm caused by corporations, human trafficking, genocide, austerity measures, intimate partner violence, and penal harm.
20. Right and left realism
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter focuses on realist criminologies which emerged in the late 1970s and early 1980s. The two main strands were right realism and left realism, so called because of the political leanings that influenced them. Realist criminologies were, in basic terms, theoretical developments grounded in and informed by sociological positivism (right realism) and critical criminologies (left realism). Realism itself is an important social scientific concept, developed to try to provide a basis for understanding social realities which are not directly observable or precisely measurable, but undoubtedly have material substance and affect human behaviour, such as the law. More recently, we have seen a further variation emerge in the form of ‘ultra-realist’ criminology, which seeks to challenge and extend the definition of ‘crime’ to encompass the idea of ‘social harm’, thereby making a connection with concerns about the environment or damaging state and corporate activity.
31. Critical perspectives on punishment
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter details a range of perspectives which effectively question the underlying assumptions behind the concept of ‘punishment’. This represents a shift in emphasis from the system ‘as it is’ to a critical evaluation of its social and ideological foundations, along with some ideas about how it might be different if we follow through the implications of these critical arguments. The chapter explores ideas about the use of punishment as a vehicle for maintaining the dominance of particular interests within society, and using it to exert social control. Implicated in this is the suggestion that claims of legitimacy, fairness, and justice must be called into question, especially in light of the evidence of the unequal treatment of certain groups, such as members of the black and minority ethnic communities. Critical perspectives also invite us to consider why some forms of behaviour, such as corporate negligence and tax fraud, appear to be much less heavily penalised (if at all) than crimes more typically associated with other groups and communities, such as benefit fraud or drug offences.
33. Employability and careers
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter highlights employability and career learning. The term ‘employability’ refers to the skills, attributes, and knowledge individuals need for successful careers. Many higher education institutions now include employability as an integral part of undergraduate courses. It may feel a little daunting to focus on employability while grappling with the demands of criminology studies, but both challenges can be tackled simultaneously. Developing an understanding of what employers are looking for will lead to more effective and targeted employability development, and taking the time to explore career options will result in better decision-making. The chapter introduces various tools and techniques to use to support employability development and career planning.
Abuse of dominance (1): non-pricing practices
Authors: Whish Richard , Bailey David
Published: September 2021

This chapter considers abusive non-pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It deals in turn with exclusive dealing agreements; tying; refusals to supply; abusive non-pricing practices that are harmful to the single market; and miscellaneous other non-pricing practices which might infringe Article 102 or the Chapter II prohibition. Reference is made to the case-law of the Court of Justice and the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings