bluuebunny/crossref_metadata_2025 huggingface dataset:
18. Specific Remedies
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This Chapter considers specific remedies for breach of contract. Under certain circumstances, a contractual promise may be enforced directly. This may be by an action for the agreed sum, by an order for specific performance of the obligation, or by an injunction to restrain the breach of a negative stipulation in a contract or to require the defendant to take positive steps to undo a breach of contract. These remedies have different historical roots, the claim for an agreed sum being, like damages, a common law remedy whereas specific performance and injunctions are equitable remedies that were once exclusively administered by the Court of Chancery.
19. Restitutionary Awards
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This Chapter considers restitutionary remedies for breach of contract. It discusses the recovery of money paid, restitution in respect of services or goods, and an account of profits or damages measured by benefit to contract-breaker.
23. Agency
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

Agency is the relationship that exists where one person (the principal) authorizes another (the agent) to act on its behalf and the agent agrees to do so. This Chapter discusses the modes of agency creation and the different kinds of agency, and the effect of agency: (a) the relations between the principal and third parties; and (b) the relations between the agent and third parties.
4. Supervisory agencies
Authors: Lloyd Ian J.
Published: September 2020

This chapter first describes the rationale for the establishment of supervisory agencies for data protection in EU States. This marks a significant divergence in approach from other countries such as the United States and continues to constitute a barrier to harmonisation in the data protection field. Specific attention is paid to the status and role of the United Kingdom’s Information Commissioner and the investigative and enforcement powers conferred on the Commissioner. The evolving nature of the requirements of registration of data controllers is considered as is the role of the Register of Data Controllers. Attention is given also to the appeal mechanisms established under the Act and to the role of the First Tier Tribunal.
7. Sectoral aspects of data protection
Authors: Lloyd Ian J.
Published: September 2020

This chapter considers the application of data protection principles within the media and electronic communications sectors. In both areas, the operation of data protection principles has been contentious. Data protection issues are principally concerned with the application of what might be regarded as ‘traditional’ data protection principles in the context of activities where different priorities might legitimately be identified. In some respects, media processing might be compared with law enforcement agencies. Digging out the truth about the unsavoury activities of powerful elements in society might well require the use of tactics and techniques that would be regarded as unfair in more general contexts.
24. Contractual issues
Authors: Lloyd Ian J.
Published: September 2020

Any product can have defects – or at least fail to meet the expectations of a purchaser. A range of statutory provisions confer rights on a party acquiring goods if these are not of satisfactory quality. Software and what is referred to as “digital content” is covered by these provisions although their application gives rise to a number of difficulties. Unlike most physical products where defects will be found in one or a small number of the items, every digital work will be an exact copy of the original. If one product is considered faulty, the same fate may await all of the others. In most instances software is licenced rather than sold. It is commonplace for a licence to seek to restrict or exclude liabilities that might otherwise arise. The question may then be whether the terms of the licence are enforceable. In many instances they may be brought to the customer’s attention after the contract for supply has been concluded. The use of “click-wrap” licences where a user has to click on a box indication acceptance of contractual terms prior to using the software may assist but questions of time will again be very significant.
3. Personal Rights and Property Rights
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.
12. Concepts and Contexts
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter explores some of the wider issues raised by the rules applying to private rights to use land, along with the nature of the challenges faced by judges and Parliament when deciding how best to develop those rules. It begins by discussing the importance of concepts and contexts in land law, as well as the tension between concepts and contexts and the effect of different judicial approaches to land law. It then considers the relative merits of judicial and legislative reform of land law and goes on to examine the impact of statutory reform, particularly of registration statutes, in land law. It also assesses the impact of human rights and regulation on land law, citing the Supreme Court ruling in Scott v Southern Pacific Mortgages Ltd (2015), before concluding with an analysis of the role of non-doctrinal approaches in evaluating land law.
3. Causation
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter discusses a general approach to issues of causation in criminal law. Causation is an important feature in the study of crimes. It is especially so in cases of strict liability where, in the absence of mens rea elements, disputes over causation become the most critical issue in determining liability. The chapter examines some recent Supreme Court judgments in which the court has emphasized the important relationship between causation and fault.
4. Omissions
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter considers the question of whether, and if so, how, the criminal law should impose liability for omissions. It discusses the courts’ approach to the imposition of liability for omissions and presents cases to demonstrate the difficulty of distinguishing between acts and omissions. It also addresses the link between omissions and causation.
7. Murder
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines the law on murder. It considers when does life begin and end for the purposes of the law of murder; should an intention to cause really serious harm suffice as the mens rea for murder; and how might this area of the law be reformed so as to reflect generally recognized principles of the criminal law?
14. Burglary and related offences
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines the offence of burglary in addition to a number of related offences. It is a statutory offence that turns on the defendant having been a trespasser at the time he entered the building in question. The chapter examines how this term has been interpreted by the courts and also examines some other key issues that have arisen over the years, such as the definition of ‘building’. The chapter also examines a number of related offences.
25. Liability of corporations
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter discusses the ways in which organizations and their members might be held liable in criminal law. It covers personal liability of individuals within an organization; vicarious liability; corporate liability: by breaching a statutory duty imposed on the organization, by committing strict liability offences, by being liable for the acts of individuals under the identification doctrine, and the specific statutory liability of organizations for homicide under the Corporate Manslaughter and Corporate Homicide Act 2007; and liability of unincorporated associations.
4. Partners and Outsiders
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter sets out the vicarious liability of partners for the various forms of partnership liability to third parties. The liability for contracts is based on the concepts of agency and the authority of the partner(s) making the contract, in particular the scope of the implied or usual authority of a partner to bind the other partners. The exception to the undisclosed principal rule is carefully examined. The vicarious liability for torts and crimes committed by a partner is examined, including the apparent paradox of the non-existent legal person of the firm being subject to prosecution. The liability for breaches of equitable liabilities relating to misapplications by a partner is synthesised, including knowing receipt and dishonest assistance in a breach of trust. Then the chapter considers the nature of such liabilities and finally, the effect of a change of partners on such liabilities on both the outgoing and incoming partners.
12. Membership
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter explains what membership of an LLP entails. It explains how a person becomes a member of an LLP, and the different types of membership that are recognised in law. It considers case law on the question as to whether a person can be both a member and an employee, and both a member and a worker. Finally, it explains how a person might be disqualified from being a member of an LLP and the consequences of such a person acting as a member whilst disqualified.
17. Insolvency and Dissolution
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter explains how insolvency law applies to an LLP. It considers the various insolvency processes under the Insolvency Act 1986 that can arise, and the position of members in a winding up, both as potential contributories and also as potential creditors. It addresses investigations into LLPs under the Companies Act 1985, and finally explains how an LLP can be struck from the register and how it can be restored.
4. Legislation
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter begins by examining the issue of parliamentary sovereignty. It then discusses the types of legislation; the creation and enforcement of statutes; statutory interpretation; and the impact of the incorporation into English law of EU law and the European Convention on Human Rights (ECHR).
7. Reading cases and legislation
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter describes techniques for reading and understanding law, discussing the practicalities of reading in academia and in practice; sources of law; statutes; statutory instruments; case law; and EU law.
16. CVs, applications, and interviews
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter covers the graduate careers employability process, looking at CVs, application forms, and interviews. Considering law firms and other graduate employers, it suggests ways of ensuring that applications and CVs best show a candidate’s knowledge, skills, and commercial awareness. It also provides guidance on approaching interviews and related selection activities, such as presentations, group work, and psychometric tests.
17. Understanding clients: individuals and businesses
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter uses a client case study to explore life events that will require individuals and businesses to have recourse to the law. It also looks at how both individuals and businesses raise money, showing that there are many reasons why individuals and businesses will have recourse to the law. Often the need for legal services is triggered by some form of important life event, such as moving house, divorce, or setting up a business. All life events will have a legal and financial impact on individuals and businesses. Lawyers need to anticipate their clients’ needs in the light of this.
19. Essential economics and finance
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter focuses on the economic and financial environment, looking at the basics of economics, financial markets, and the major players within those markets. It examines the fundamentals of money and finance: what money is, how to organise and account for it, and what happens when things go wrong. It also discusses the potential political, social, and economic impact of Brexit.
6. Family Friendly Rights
Authors: Emir Astra
Published: September 2020

This chapter considers various family-friendly rights designed to assist employees with parental and childcare responsibilities. These are rights such as maternity leave, including ordinary and additional maternity leave, shared parental leave, ordinary and additional adoption leave, keeping in touch days, parental leave, paternity leave, caring for dependants, and applications for flexible working. The chapter also considers which of these types of leave are paid, and if so, how much. A number of these statutory rights and relevant statutory provisions are based on the implementation of a number of EU Directives, and to that extent EU jurisprudence must be considered where appropriate.
9. Transfer of Undertakings
Authors: Emir Astra
Published: September 2020

This chapter considers the transfer of undertakings. It looks at the background and at the legislation, including the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014. It discusses what counts as a transfer of a business or undertaking, considering service provision changes and transfers within the public administration. Also covered are the mechanics and effects of the transfer, including statutory rights and the effect on the contract of employment; dismissal on transfers and ETO reasons; refusing a transfer; employee liability information; and remedy for failure to notify employee liability information. It also looks at the effect of transfers on collective agreements.
20. Practice and Procedure
Authors: Emir Astra
Published: September 2020

An employee seeking the enforcement of a statutory right, or to obtain a remedy for a breach of that right, must present his claim to an employment tribunal. This chapter discusses the rules for making a claim to an employment tribunal and the employment tribunal procedure. It looks at time limits and the effective date of termination, and considers the mechanics of submitting and defending a claim; the various stages of proceedings such as preliminary hearings and case management as well as the final hearing; remedies including compensation, basic award and compensatory award; vexatious litigants; costs and appeals to the Employment Appeal Tribunal and beyond.
2. Constitutions and Constitutional Law
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter examines the specific functions and characteristics of constitutions in general terms—thinking of what the constitutions of Western democratic countries are typically like—rather than with particular reference to the UK, and then considers how the UK’s constitutional arrangements measure up. This is followed by three case studies that illustrate how the different topics considered in this book relate to one another, and which also provide an overview of the type—and importance—of the issues with which public law is concerned.
3. Themes, Sources, and Principles
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter discusses the UK’s constitutional arrangements, and in particular, four important issues concerning the UK constitution, of which it is necessary to be aware at the outset. First, it sets out the three key themes that emerge from the study of contemporary UK public law, and second, examines the sources of the UK constitution. Third, the chapter addresses a number of principles that occupy a central role in UK public law, before finally considering whether the UK should adopt a written, or codified, constitution.
5. UK Central Government
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter discusses what the executive branch of government is and what it does (with particular reference to the UK central government); how it relates to other branches of government (with particular reference to its relationship with Parliament); how it is held accountable, both politically and legally; the institutions and constitutional actors that make up the modern UK executive; and the considerable powers which it has at its disposal. It shows that the executive plays a pivotal role in the British constitution today, and that there are real concerns about whether it enjoys too much power—and about whether that power is subject to adequate oversight and control.
18. Inquiries
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter, which examines the nature, function, and legal framework of inquiries, also discusses the inquiry process and the effectiveness of inquiries. Inquiries have been widely criticised due to their chequered history—one that has been characterised by lengthy proceedings, high costs, and reports which have sometimes met with public dissension over the correctness of the conclusions reached or indifference from the government. They are also accused of being susceptible to manipulation by the government for its own political ends. Nevertheless, inquiries are an important mechanism for undertaking a detailed investigation into an issue of public concern and for holding government accountable.
2. The structure of land law
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter discusses the origins and structure of modern land law, tracing the development of two kinds of estates and interests: at common law and in equity. It discusses the meaning of estates in land, and legal and equitable rights; examines the differences between the two; and explains why it matters whether a right in land is legal or equitable. The different effects of legal and equitable interests on purchasers of land are noted, because common law acts in rem and equity in personam. This gave rise to the doctrine of notice. The reforms introduced by the 1925 Property Acts are explained, including reduction of legal estates in land to two: the fee simple absolute in possession (freehold) and term of years absolute (leasehold)—Law of Property Act 1925, s. 1(1). Registration of land charges partially reformed the doctrine of notice, and overreaching was introduced. The Land Registration Act 1925 introduced compulsory registration of title; there are now two systems: registered and unregistered land.
13. Express and implied trusts
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter provides an outline of certain matters relating to trusts of land. It covers the separation of title and enjoyment; express and implied trusts; statutory trusts; and the pre-1997 methods of creating settlements of land, which are now replaced by the new trust of land under the Trusts of Land and Appointment of Trustees Act 1996. In addition, the chapter includes a more detailed account of resulting and constructive trusts.
22. Mortgages and charges
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the types of mortgages or charges of land and interests in land which may be created. It also considers the rules regarding their administration and their protection against later acquirers of interests in the land. The discussions cover legal mortgages and charges; equitable mortgages; the rights of the mortgagor; the rights of the mortgagee; mortgagee’s remedies; the right of certain third parties to redeem; the liability of mortgagees, receivers, and valuers for fraud or negligence; the end of a mortgage.
25. Freehold covenants
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses covenants affecting freehold land. It covers the enforceability of covenants, including enforcement against later acquirers of land; the problem of positive covenants; remedies; the discharge of covenants; and the proposals for reform of the law.
4. Alternative Personal Work Contracts and Relations
Authors: Cabrelli David
Published: September 2020

This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between the contract of employment and the contract for services. The discussion here is situated within the context of the controversy surrounding the growing numbers of atypical working contracts, such as contracts entered into by ‘gig economy’ workers, ‘zero-hours’ workers, casual workers, etc. The chapter then turns to address the legal status of agency workers. It examines whether the Agency Workers Regulations 2010 address the disadvantages experienced by this section of the UK workforce.
7. The Variation and Suspension of the Personal Employment Contract
Authors: Cabrelli David
Published: September 2020

This chapter first examines the common law rules regulating the variation of the terms of the contract of employment. It focuses on the situation where the employer seeks to unilaterally modify the terms of the employment contract, for instance in light of modern pressures on management to demand greater labour flexibility in order to adapt to changing market conditions. The chapter then moves on to address the ability of the employer to suspend the contract of employment, for instance where the employer suffers a downturn in demand for its products or services, or where an employee may be subject to disciplinary proceedings. Finally, it considers the future trajectory of the common law content of the personal contract of employment.
11. The Protected Characteristics
Authors: Cabrelli David
Published: September 2020

This chapter analyses the ‘protected characteristics’ in the Equality Act 2010. These include sex, gender re-assignment, pregnancy, and maternity discrimination; race discrimination; religion or belief discrimination; sexual orientation, marriage, and civil partnership discrimination; and age discrimination. It examines these protected characteristics in detail, including some of the ‘boundary disputes’ which arise in the case of some of them. It then explores the genuine occupational requirements exception; the mechanics of the reversed burden of proof in discrimination cases; and the law of vicarious liability in the context of discrimination. Finally, the chapter sets out the various remedies available where a claimant is successful in his/her discrimination complaint before an employment tribunal.
15. Wrongful Dismissal
Authors: Cabrelli David
Published: September 2020

This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.
Online Resources Chapter C: Recognition of Trade Unions, Collective Bargaining, and Industrial Democracy
Authors: Cabrelli David
Published: September 2020

The statutory machinery for the recognition of trade unions is explored in this chapter. The purpose of recognition and the rights of recognized trade unions are elaborated upon, before the chapter goes on to address the role and effectiveness of collective bargaining within an industrial democratic framework. Finally, the status of collective agreements is considered....
Online Resources Chapter D: Industrial Action and Statutory Immunities
Authors: Cabrelli David
Published: September 2020

This chapter examines the law of trade disputes and industrial action in the UK, i.e. the law which regulates action taken by members of a trade union which imposes restrictions upon employers when collective relations between the employer and the workforce have broken down. The position is analysed in the context of the legality of industrial action in European law and under the European Convention on Human Rights....
4. Adverse Possession
Authors: Bevan Chris
Published: September 2020

This chapter explores the law of adverse possession which exists as an exception to position that interests in land can only be created when formality requirements are met. A claim to adverse possession is a claim brought by a trespasser or squatter who has been in possession of another’s land for a long period of time. If successful, the trespasser or squatter may become the legal owner of that land. The chapter discusses the justifications for adverse possession; the requirements that must be satisfied to establish a claim to adverse possession and the effect of adverse possession on the original landowner.
7. Licences
Authors: Bevan Chris
Published: September 2020

This chapter discusses the nature, status, and characteristics of licences; the different types of licences that exist; what makes them distinct from other interests in land law and how they can be brought to an end. Licences in land arise when the owner of land grants to another person permission to use that land for a given purpose. A licence is therefore a permission to enter or do something on another’s land. The person granting the licence is the ‘licensor’ while the party to whom the licence is granted the ‘licensee’.
1. An introduction to commercial law
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter introduces the reader to commercial law. It first considers the nature of commercial law by focusing on the definitions offered by previous scholars of note. It then examines its function and historical development, and discusses various sources of commercial law such as contracts and national legislation. In addition it refers importantly to the role of equity and trusts in commercial law, to public law in the commercial arena, and to the philosophy and concepts of commercial law. Possible codification of commercial law is discussed. Finally, the chapter assesses the challenges for commercial law in the twenty-first century and briefly discusses the impact of Brexit on English commercial law.
3. Bailment
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter deals with bailment, defined as a transaction under which a bailee lawfully receives possession of goods from a bailor for some purpose. Examples of bailment from commercial law include warehousing, carriage, the deposit of property to have work done on it, leasing, and pledge. A buyer under a sale or return transaction is, pending acceptance or rejection, a bailee of the goods. After explaining what a bailment is, the chapter considers types of bailment and three requirements for a bailment: transfer of possession; ownership remaining in the bailor, or at least not passing to the bailee; and consent by the bailee. It then examines the bailee’s liability and the burden of proof with respect to bailment before concluding with an analysis of bailment involving third parties, focusing in particular on sub-bailment.
7. Relations between principal and agent
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter focuses on the rights and obligations of the principal and the agent between themselves, whether arising from a contract between them or from the fiduciary nature of their relationship. However, those rights and obligations may also derive from other sources, for example tort, statute, or the law of restitution. There is detailed consideration of the duties of the agent, such as the duty of care and skill and fiduciary duties, as well as the rights relating to remuneration, reimbursement and indemnity, and lien. The chapter also discusses the ways by which agency may be terminated.
9. Passing of the property in the goods as between seller and buyer
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter examines the concept of the passing of the property in goods as between seller and buyer which has significance for many purposes in law. It discusses why the matter is important, before going on to cover the rules for determining when the property passes as it is plainly a matter of the greatest importance to identify the point at which it occurs. The chapter goes on to discuss the statutory provisions relating to perishing of specific goods, how the passing of property is related to acceptance or rejection of goods, the risk involved in the passing of property, and the frustration of sale of goods contracts.
17. Payment cards and electronic money
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter focuses on the use of payment cards in commercial transactions, taking into account traditional credit and debit cards and also the more modern contactless instruments, including smartphones, which has been made increasingly available through mobile payment technology. This chapter begins with a discussion of the main types of payment card in general circulation in the UK, including credit (and charge) cards, debit cards, ATM cards, and multifunctional cards. It then considers contractual networks and the regulation of contractual relationships and finally liability for unauthorised transactions and connected lender liability.
18. Negotiable instruments
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter introduces negotiable instruments as a method of payment in commercial transactions. The law governing negotiable instruments merits consideration for two reasons. First, negotiable instruments are still used as a method of making payment in the commercial world, especially in certain areas of international trade. Secondly, the law relating to negotiable instruments encapsulates many of the fundamental principles and concepts of commercial law in general. This chapter first considers the definition of a negotiable instrument, as well as the concepts of ‘instrument’ and ‘negotiability’, before explaining how instruments come to be negotiable. It also discusses different types of negotiable instrument such as bills of exchange, cheques, promissory notes, bank notes, treasury bills, share warrants, and certificates of deposit. Finally, it describes the advantages of a negotiable instrument as a mode of payment.
20. Cheques and miscellaneous payment instruments
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter focuses on the use of cheques and similar instruments as a mode of payment in commercial transactions, and discusses the relation between them and bills of exchange (of which they are a specialised type). Cheques are intended as instruments which will immediately be paid, whereas bills of exchange are typically drawn payable at a future date and used as a credit instrument. Unlike bills of exchange, cheques are not, and are not intended to be, accepted by the bank on which they are drawn. This chapter first explains what a cheque is, and discusses the likely future of the institution, before discussing promissory notes, banker’s drafts, and travellers’ cheques.
4. The International Bill of Human Rights
Authors: Smith Rhona K. M.
Published: September 2020

This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.
6. Europe
Authors: Smith Rhona K. M.
Published: September 2020

This chapter examines the regional organizations with jurisdiction over human rights in Europe, focusing on the Council of Europe, and describes relevant work of the European Union and the Organization for Security and Co-operation in Europe. It highlights the success of the Council of Europe in developing a system which ensures the protection of basic human rights through a judicial mechanism, and concludes that the European Convention on Human Rights has matured into the most sophisticated and effective human rights treaty in the world.
9. Monitoring, implementing, and enforcing human rights
Authors: Smith Rhona K. M.
Published: September 2020

This chapter examines the monitoring, implementation, and enforcement mechanisms of the United Nations, and discusses the reports system, the inter-State complaints system, and the individual complaints system. It describes the use of rapporteurs and special investigators; ancillary bodies; and some of the problems of the international human rights system.
13. The right to life
Authors: Smith Rhona K. M.
Published: September 2020

This chapter examines African, American, European, and international jurisprudence on the right to life. It discusses the positive obligation incumbent on States to protect life; the permissible deprivation of life (the death penalty, death caused by national security forces, and death during armed conflict); and the issue of genocide. The chapter concludes that the right to life is of paramount importance in international human rights law. International law covers not only the straightforward human rights aspects, but also extends to the prevention and punishment of the crime of genocide.
3. Medical Negligence
Authors: Herring Jonathan
Published: September 2020

This chapter examines the legal and ethical aspects of medical negligence. It begins with an overview of the law and medical malpractice. It then discusses the law of negligence; the law of contract; medical malpractice litigation in practice; legal costs; the perception that medical negligence litigation is unsatisfactory; the NHS Redress Act 2006; the ‘no fault’ scheme; and the law governing medicines. The law in this area seeks to strike a balance between ensuring patients receive compensation if they have been harmed as a result of bad treatment, and allowing doctors professional freedom to determine which treatment is most appropriate for a particular condition.
6. Confidentiality
Authors: Herring Jonathan
Published: September 2020

This chapter examines the legal and ethical aspects of medical confidentiality. The discussion include the legal basis of confidentiality; defences to claims of breach of confidentiality; the Data Protection Act 1998; legal remedies in confidentiality cases; patient access to their own health information; and ethical arguments for and against confidentiality. Underpinning this chapter is the tension between requiring that a patient’s confidences are kept and the fact that sometimes there is an overwhelming reason why confidentiality needs to be breached. A further difficulty for this topic is that once confidentiality has been breached it can be very difficult to formulate an effective legal remedy.
7. Contraception, Abortion, and Pregnancy
Authors: Herring Jonathan
Published: September 2020

This chapter examines the legal and ethical aspects of contraception, abortion, and pregnancy. Topics discussed include the use and function of contraception; the availability of contraception; teenage pregnancy rates; tort liability and contraception; ethical issues concerning contraception; the law on abortion; the legal status of the foetus; abortion ethics; and controversial abortions. A major current issue is the extent to which, if at all, the criminal law should be involved in the law of abortion. The chapter also considers arguments on legal interventions for pregnant women; for example, imprisoning a drug-using mother to ensure that her unborn child does not suffer from the consequences of her drug use.
6. The European Union
Authors: Parpworth Neil
Published: September 2020

The aims of this chapter are threefold. It first briefly considers the events that have led to the creation of the European Community (EC) and the European Union (EU). Secondly, it introduces the reader to the principal institutions of the Union: the European Council; the Council of Ministers; the European Commission; the European Parliament; and the Court of Justice of the EU and General Court. The nature and functions of each of these bodies is considered. Thirdly, the chapter indicates, where appropriate, the nature of the institutional reforms which have occurred following the ratification of the Lisbon Treaty by the member states.
7. The structure of the United Kingdom and devolution
Authors: Parpworth Neil
Published: September 2020

This chapter discusses the structure and devolution of the UK. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to the creation of the UK, ie the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the ‘English Question’, and the agreements between the UK Government and the devolved administrations in Scotland, Wales, and Northern Ireland, and the devolution provisions in the European Union (Withdrawal) Act 2018.
10. Constitutional conventions
Authors: Parpworth Neil
Published: September 2020

After the legal sources of the UK constitution considered in previous chapters, this chapter turns its attention to an important non-legal source of the UK constitution: its constitutional conventions. It will be shown that constitutional conventions relate to practical and significant political matters which allow the UK constitution to function. They also represent a means by which the executive branch can be made accountable for its actions. The discussion explores the nature of constitutional conventions, gives examples of constitutional conventions, enforcing conventions, the Cabinet Manual, and investigates the courts and conventions. Codification of conventions and the importance of conventions in relation to devolution is also discussed.
15. Judicial review remedies
Authors: Parpworth Neil
Published: September 2020

This chapter discusses the different kinds of remedy which a court has the power to grant were it to exercise its discretion in favour of the claimant for judicial review. It should be noted that the remedies are at the discretion of the court. They include: a quashing order (formerly certiorari); a prohibiting order (formerly prohibition); a mandatory order (formerly mandamus); declaration; injunction; interim declaration; and substitutionary remedy. Damages, however, are excluded from the list of remedies. Although CPR 54.3(2) of the Civil Procedure Rules provides that a claim for judicial review may include a claim for damages, it further provides that the claim may not seek damages alone.
16. Tribunals, inquiries, and the ombudsmen remedy
Authors: Parpworth Neil
Published: September 2020

This chapter begins by distinguishing between tribunals and inquiries. A tribunal is a permanent body that sits periodically, while an inquiry is something which is established on an ad hoc basis. Tribunals are empowered to make decisions that are binding on those parties subject to their jurisdiction; inquiries generally do not have formal decision-making powers. Tribunals are concerned with matters of fact and law, whereas inquiries are concerned with wider policy issues. The discussion then turns to the reform of the tribunal system; the former Administrative Justice and Tribunals Council; the origins of ombudsmen; the Parliamentary Commissioner; ombudsmen of devolved institutions; the Health Service Commissioner; the Local Government Commissioners; ombudsmen and the courts; and proposals for a unified Public Service Ombudsman service.
18. Freedom of expression
Authors: Parpworth Neil
Published: September 2020

This chapter focuses on some of the laws relating to freedom of expression in the UK. Freedom of expression is widely considered to be a necessary feature in any democratic state. The chapter considers the extent to which restrictions are placed on the freedom of expression in the UK in two particular contexts. It considers laws for the control of obscenity and indecency, the publication of obscene matter, the test of obscenity, defences, powers of search and seizure, and the possession of pornographic images. The discussion also considers that part of the law of contempt of court which relates to restricting the ability of the media to report court proceedings. This chapter is confined to the law relating to obscenity and indecency and contempt of court on the basis that they share the important characteristic of being regulated by both statute and the common law.
6. Interests in Property
Authors: du Plessis Paul J.
Published: September 2020

This chapter deals primarily with the various interests that could be acquired in property, particularly ownership, rights to servitudes, and possession. The Roman law of property is one of the lasting and important legacies of their legal order and has had a profound impact upon modern legal systems across the world. This chapter begins by considering the Roman classification of property. This was the intellectual starting point in the teaching manuals preserved from the classical period of Roman law. The purpose of this exercise in classification was to demonstrate that certain objects fell outside the sphere of private ownership. Apart from issues of classification, this chapter deals primarily with the various interests that could be acquired in property, particularly ownership, limited real rights over the property of others, such as rights to servitudes, and possession. It deals with the legal rules governing these institutions and their interrelationships. In theory, the interests in property may be divided into two broad categories, namely legal interests (ownership and limited real rights) and factual interests (possession). While such a division is useful, it should not be seen as absolute, since possession, though largely a question of fact, could also have certain legal consequences. But first the Roman classification of property must be considered.
7. Acquiring Ownership
Authors: du Plessis Paul J.
Published: September 2020

This chapter discusses the acquisition of ownership in Roman law. It covers derivative modes of acquiring ownership; original modes of acquiring ownership; and gifts. The methods of acquiring ownership inter vivos can be classified in a number of ways. For example, some methods can be described in modern civilian systems as ‘original’—where the acquisition of ownership did not depend on there being a prior owner—whereas others were derivative, i.e. where ownership was derived from a prior owner. Or some methods were formal, others causal: in the former case ownership passed because of the use of particular form and ceremony, whereas in the latter case ownership depended on the ground or ‘cause’ of the acquisition.
2. Corporate personality and limited liability
Authors: Dignam Alan , Lowry John
Published: September 2020

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with corporate personality and limited liability, two concepts that form the core of company law. It begins with a short historical background on how the process of corporatisation through charters evolved over time, including the emergence of the use of trust as an instrument to confer many of the privileges of incorporation. It then considers the case Salomon v Salomon & Co (1897) which decided on the legitimacy of small businesses with a corporate form, and offers some other good examples of the consequence of separate personality. The chapter also discusses the rights of members and shareholders with respect to ownership of the corporation, focusing on dispersed shareholdings and close companies.
4. Promoters and pre-incorporation contracts
Authors: Dignam Alan , Lowry John
Published: September 2020

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on one area where the motives of ‘promoters’ (that is, those who form a company) are relevant to the legal aspects of certain activities carried out in the company’s name, especially when they enter into contracts for the company prior to its formal registration. After defining the term ‘promoter’, the chapter discusses the fiduciary duties of promoters and the range of remedies available to the company against a promoter who breaches his fiduciary duties. It then considers problems involving contracts entered into prior to incorporation and the common law position on such contracts. It also explains pre-incorporation contracts, deeds, and obligations under section 51 of Companies Act 2006 before concluding with an analysis of the issue of corporate mobility in relation to the freedom of establishment.