bluuebunny/crossref_metadata_2025 huggingface dataset:
17. Income tax: sole traders and partnerships
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter considers the taxation of income earned from a trade or profession. It covers the basic system of taxation; taxable profits for business; the basis of assessment; losses under the income tax system; and income tax liability of partnerships.
23. Value Added Tax
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter discusses value added tax (VAT) in the UK. VAT is charged on supplies of goods and services made in the UK. Where a person makes taxable supplies in excess of a set limit in any one-year period, he must register with Her Majesty’s Revenue and Customs (HMRC). He must then account to HMRC for VAT on all taxable supplies made. The total amount payable may be reduced by the amount of VAT which he has paid on certain taxable supplies made to him. The liability to pay VAT to HMRC rests on suppliers of goods and services. However, the cost of the tax is actually borne by suppliers’ customers who are charged VAT on the goods and services they purchase. VAT is charged in the UK under the Value Added Tax Act (VATA) 1994.
24. Personal bankruptcy
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

The partner or sole trader may be made bankrupt if his liabilities exceed his assets or if he has insufficient liquid assets to pay his current liabilities even if the value of his total assets exceeds the value of his total liabilities. The law of bankruptcy is mostly contained in the Enterprise Act (EA) 2002. This chapter discusses the bankruptcy procedure; the trustee in bankruptcy; effect of the bankruptcy order on the bankrupt personally; assets in the bankrupt’s estate; distribution of the bankrupt’s assets; duration of the bankruptcy and discharge of the bankrupt; fast track voluntary arrangement scheme; and individual voluntary arrangement.
Criminal Law
Authors: Allen Michael J.
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 25 years. This is the fourteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.
2. Actus reus
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter explains the concept of actus reus. It discusses the elements of crime; defining an actus reus; proving an actus reus; that conduct must be voluntary; omissions; causation; and coincidence of actus reus and mens rea.
5. Capacity and incapacitating conditions
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. A person should only be held criminally liable where he has the capacity to understand his actions, and to recognise the consequences which may flow from them, and, having understood them, where he has the capacity to control them. The criminal law recognises the requirement of rational capacity by excepting persons who lack rational capacity from liability in certain circumstances. This chapter examines the issues of infancy, insanity, automatism, and intoxication.
15. Criminal damage
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The Criminal Damage Act 1971 includes the main offences involving damage to property. This chapter discusses the offence of destroying or damaging property belonging to another; destroying or damaging property with intent to endanger life; threats to destroy or damage property; possessing anything with intent to destroy or damage property; and racially or religiously aggravated criminal damage.
Smith, Hogan, & Ormerod's Essentials of Criminal Law
Authors: Child John , Ormerod David
Published: August 2017

Smith, Hogan, and Ormerod’s Essentials of Criminal Law presents a clear and authoritative treatment of the criminal law. The work combines authority with supportive learning features and aims to develop analytical and assessment skills. The book introduces the field of criminal law, addressing all the key topics on the LLB. It approaches complex issues and conveys a clear understanding of all offences and principles. Particular attention is paid to student assessment, with end-of-chapter sections offering advice on how to approach essay and problem questions. Short learning and assessment tips are provided throughout the chapters. Key cases are highlighted across chapters which include brief summaries of the main facts and judgment. Each chapter includes a section on reform noting academic criticism of the law.
3. Mens rea
Authors: Child John , Ormerod David
Published: August 2017

This chapter provides an overview of mens rea, loosely translated as ‘guilty mind’. Whereas the actus reus of an offence focuses on the accused’s conduct, the results of that conduct, and the circumstances in which it takes place (external elements), mens rea focuses on what is going on in the accused’s mind (internal elements). The chapter first considers the elements of criminal liability under mens rea versus actus reus before discussing the legal meaning of central mens rea terms such as ‘intention’, ‘negligence’, ‘dishonesty’, and ‘recklessness’ and how these terms work in the context of a whole offence. It also describes certain offences that require actus reus elements with no corresponding mens rea and vice versa. Finally, it outlines a structure for analysing the mens rea of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter.
7. Non-fatal offences against the person
Authors: Child John , Ormerod David
Published: August 2017

This chapter deals with non-fatal offences against the person, a variety of offences designed to criminalise behaviour ranging from the infliction of serious (non-fatal) injuries to potential targeting of any non-consensual contact. The chapter begins by explaining the offences of assault and battery, the actus reus and mens rea of each, and defences. It then considers relevant provisions of the Offences Against the Person Act 1861 with respect to assault occasioning actual bodily harm, wounding or inflicting grievous bodily harm, and wounding or causing grievous bodily harm with intent. The chapter then considers ‘conduct focused’ offences against the person, such as harassment and poisoning. Finally the chapter outlines potential legal reforms concerning modernisation and re-codification, constructive liability, and consent; and the potential application of the offences against the person within a problem question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.
8. Sexual offences
Authors: Child John , Ormerod David
Published: August 2017

This chapter deals with sexual offences on the accused’s invasion of the victim’s sexual—as opposed to simply physical—autonomy. Sexual offences are now almost entirely codified within a single modern statute, the Sexual Offences Act 2003 (SOA 2003). The chapter first considers the relevant provisions of the SOA 2003 with respect to rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent. It then turns to sexual offences against children under 13 and children under 16, as well as status-based and relationship-based sexual offences. The final sections of the chapter outline potential options for legal reform and the application of the offences within the SOA 2003 to problem facts. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
4. Omissions
Authors: Ormerod David , Laird Karl
Published: August 2017

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.
5. Fault
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter considers the different types of fault required by criminal law. It examines the definitions and/or applications of the following concepts: intention, recklessness, malice, knowledge, and negligence.
18. Offences of damage to property
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the offences of damage to property, which are governed by the Criminal Damage Act 1971. It considers the ability to define damage; the relationship between the elements of the offence, particularly D’s mens rea as to circumstance elements; and the arguments for endangerment offences.
19. Parties to offences
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter considers the liability of someone who aids, abets, counsels or procures someone else to commit a criminal offence. The chapter examines the actus reus and the mens rea that must be present before someone will be guilty as a secondary party. The chapter examines the now discredited doctrine of joint enterprise and considers the implications of the Supreme Court’s judgment in Jogee. The chapter evaluates the merits of the Supreme Court’s judgment and also considers past efforts at statutory reform of secondary liability.
26. Liability of corporations
Authors: Ormerod David , Laird Karl
Published: August 2017

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.
3. Witnesses: competence, compellability, and various privileges
Authors: Munday Roderick
Published: August 2017

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 discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses; sworn and unsworn evidence; privileges enjoyed by certain classes of witness; and public interest immunity.
1. Introduction to the law of evidence
Authors: Glover Richard
Published: August 2017

This chapter provides an overview of the law of evidence. It discusses the definition of evidence and how the law of evidence differs from the science or philosophy of evidence; the characteristics of the judicial trial that demand a particular legal approach to the presentation and use of evidence including, on occasion, its exclusion; the development of the rules of evidence in the common law system and the factors that influenced this; the classification of the rules of evidence; and the impact of the European Convention on Human Rights, in particular the provisions relating to the right to a fair trial.
2. The language of the law of evidence
Authors: Glover Richard
Published: August 2017

This chapter discusses the following: the basic terminology of the law of evidence and the often inconsistent use of these terms; the terminology of the qualities of evidence, including the difference between direct and circumstantial evidence; hearsay evidence; documentary evidence (both primary and secondary); real evidence, including material objects, demeanour, appearance, and views of the locus in quo; the terminology of the form of evidence (oral, documentary and real evidence); the terminology of facts to be proved; facts in issue; facts forming part of the res gestae; facts relevant to facts in issue; standards of comparison; and the terminology of admissibility and weight.
10. The rule against hearsay I
Authors: Glover Richard
Published: August 2017

This chapter is divided into two parts. The first part discusses the rule against hearsay, covering the definition of hearsay; the dangers of hearsay evidence; the development of exceptions and reform of rule. The second part explains how the hearsay rule operates by distinguishing hearsay and non-hearsay statements and, therefore, discusses: a statement having legal effect or significance; a statement admissible to prove that it was made or was made on a particular occasion or in a certain way; a statement as circumstantial evidence of state of mind; a statement as circumstantial evidence of other relevant facts; three classic hearsay problems; and the use of avoidance and evasion.
14. Character evidence I
Authors: Glover Richard
Published: August 2017

This chapter is divided into three sections. The first section discusses the uses and development of character evidence from the common law through to the codification provided by the Criminal Justice Act 2003. The second section deals with evidence of character in civil cases, covering defamation cases; evidence of good character; and evidence of bad character. The third section focuses on evidence of good character in criminal cases, including the important case of Hunter [2015] 1 WLR 5367, and covers admissibility and methods of proof; kinds of evidence permitted; rebuttal of evidence of good character; and evidential value of evidence of good character.
16. Previous judgments as evidence
Authors: Glover Richard
Published: August 2017

The common law adopted the position that previous judgments should not be admissible as evidence of the truth of the facts on which they are based, as against strangers to the judgment. However, given the evidential value of previous judgments, the following cases must be distinguished: (a) judgments as evidence of their own existence, content, and legal effect; (b) judgments as evidence of the truth of facts on which they are based, as between the parties to the proceedings in which the judgment was given, and their privies; and (c) judgments as evidence of the truth of facts on which they are based, as between strangers to the proceedings in which the judgment was given, or as between parties to the proceedings (or their privies) and strangers. This chapter discusses cases (a) and (c).
17. Opinion evidence
Authors: Glover Richard
Published: August 2017

This chapter discusses the following: the general rule of common law that the opinion of a witness is inadmissible, and the exceptions for evidence of general reputation, the opinion of an expert witness within his area of expertise, and the opinion of any witness as a way of conveying facts within the competence of members of the public generally which do not call for specialized knowledge; principles of admissibility; competence; independence and objectivity; the weight of expert opinion evidence; the function of expert evidence; materials used by experts in forming their opinion; expert reports; common subjects of expert evidence; and the admissibility of non-expert opinion evidence. The developments since the Law Commission report on Expert Evidence (No. 325) are addressed, as are the impact of the Criminal Procedure Rules 2015 and the Criminal Practice Direction.
1. Ethical theories
Authors: Herring Jonathan
Published: August 2017

This chapter sets out some general theories about ethics. How do we judge what is the right thing to do? What makes a decision morally justifiable? What makes a person good? It considers some ethical disagreements and describes some of the general ethical approaches that are taken to ethical dilemmas. It then addresses the question of whether lawyers’ ethics are any different from others. Finally, it looks at how legal training and legal practice has taken the ethical obligations of lawyers more seriously.
7. Fees
Authors: Herring Jonathan
Published: August 2017

This chapter focuses on legal fees. It discusses the ways in which lawyers charge fees and the different ways of funding legal costs. It goes on to consider the ethical aspects of fees. The chapter covers conditional fee arrangements (CFAs) and speculative fees, legal expense insurance, hourly fees, and legal proceedings to recover fees. It also discusses legal aid.
10. Alternative dispute resolution
Authors: Herring Jonathan
Published: August 2017

This chapter examines the ethical issues raised by alternative dispute resolution (ADR). It first looks at the process of negotiation, which is the way in which lawyers resolve most disputes. It then considers other forms of ADR, including mediation and, briefly, arbitration. The chapter highlights the advantages and disadvantages of these processes. It also considers what attracts clients to use these forms of dispute resolution.
11. Third parties
Authors: Herring Jonathan
Published: August 2017

This chapter explores how lawyers can balance their obligations to promote their clients’ interests and their obligations to third parties. While there are circumstances in which duties are owed to third parties, these are limited. The law and ethical codes struggle to ensure that, even when these duties are imposed, they are not used to undermine the relationship between lawyer and client. The regulations ensure that the lawyer never acts against the best interests of the client.
13. Lawyers’ social responsibilities
Authors: Herring Jonathan
Published: August 2017

This chapter examines the responsibilities that lawyers have to society and the greater good. While the professional codes tend to focus on duties to clients, there are some limited duties to the public good. These are found in the duties under the criminal law, and the broader duty to the court and justice system. Lawyers also recognise an obligation to the greater good by means of their pro bono work. However, this is not undertaken by every lawyer.
1. Introduction
Authors: Barnard Catherine , Peers Steve
Published: August 2017

This introductory chapter begins with a discussion of the development of EU law. It then sets out the text’s overarching themes.These can be introduced in the form of two questions: ‘What should the EU be doing?’ and ‘How should the EU go about doing it?’ The first question is linked to the concept of ‘output legitimacy’, that is, the EU proving its value to the public by showing that it is effective in contributing to the achievement of objectives which have wide public support (e.g. economic growth and job creation). The second question is linked to the concept of ‘input legitimacy’, that is, how fair and democratic is the process by which the EU takes decisions.
2. Development of the EU
Authors: Craig Paul
Published: August 2017

This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.
7. EU law: is it international law?
Authors: de Witte Bruno
Published: August 2017

This chapter examines the legal nature of EU law, i.e. its place within the realm of international law. It first presents the ‘straightforward’ view that EU law is a part (or ‘sub-system’) of international law. It then considers the ‘alternative’ view that EU law, although originating in international law, is now so distinctive that it should no longer be considered to be part of international law. It concludes with a discussion of the EU as both an object and subject of international law.
19. Economic and Monetary Union
Authors: Hinarejos Alicia
Published: August 2017

This chapter explains how the Economic and Monetary Union (EMU) was set up and the flaws within the system. It gives a brief overview of the euro crisis and its relationship to, and consequences for, EMU. Finally, it looks to the current debate on the future of EMU and the EU.
21. EU health law
Authors: Hervey Tamara K
Published: August 2017

This chapter examines EU law on health. Specifically, it discusses the law governing patient mobility; healthcare professionals; healthcare institutions; medical devices and pharmaceuticals; blood, organs, and human tissue; and public health.
10. Free movement of goods
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the principle of the free movement of goods in the context of the internal market. It covers the stages of economic integration; the principle of non-discrimination; the main Treaty provisions governing the free movement of goods; the meaning of ‘goods’; Article 30 TFEU: the prohibition of customs duties and charges having equivalent effect; charges for services rendered; Article 110 TFEU: the prohibition of discriminatory taxation; and Articles 34 and 35 TFEU: the prohibition of quantitative restrictions and measures having equivalent effect. This chapter also considers Treaty and case law-based derogations from free movement rules including Article 36 TFEU, Cassis de Dijon, and Keck v Mithouard. Finally, this chapter explores a potential new category of measures having an equivalent effect.
11. Free movement of persons
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement; and limitations on the rights of free movement as provided for in primary and secondary legislation.
14. Competition law: Article 102 TFEU
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 102 TFEU, which prohibits as incompatible with the internal market ‘any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it … in so far as it may affect trade between Member States’. Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.
15. Enforcement of EU competition law
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.
Smith & Wood's Employment Law
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2017

Smith & Wood’s Employment Law draws on the extensive teaching and practical experience of its authors to provide students with a clear explanation of essential legislation and case detail while also offering incisive academic commentary and critical detail to help with essay preparation and class work. Throughout the book, topics are carefully explained in their social and historical context, providing readers with an insight into the fast-paced development of employment law and offering perceptive analysis of its future direction. This thirteenth edition has been produced against the background of the 2015 election and the end of the Coalition government, and of course with the largest elephant in the room of the result of the referendum on membership of the EU. The meaning of the latter remains a matter of almost complete uncertainty at the time of writing, and indeed is likely to remain so for much of the currency of this edition, but where appropriate it contains speculation as to possible effects. At the opposite end of the spectrum, this edition also contains the up-to-date case law on detailed employment law developments such as ACAS early conciliation, tribunal fees, whistleblowing, discrimination law as the Equality Act 2010 beds in, and the whole question of the effect of modern phenomena such as social media use on traditional areas of employment law. On the legislative front, this edition considers the reforms to collective labour law contained in the Trade Union Act 2016. There have also been changes to the style and layout of the book in order to aid accessibility for the reader, given the ever-increasing complexity of the law itself here.
3. Contracts of Employment (2): Content and Wages
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2017

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media.
1. Introduction to the Types of Property Rights in Land
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an introduction to basic concepts of land law. The discussions cover real property and personal property; property rights which give immediate use and enjoyment of land (fee simple estate and leases); property rights against land owned by other people (mortgages, restrictive covenants, easements, profits prendre, rentcharges, rights of occupation, interest under a resulting or constructive trust, proprietary estoppel, estate contracts, options, and the trust); and proof of title to land (importance of proof of title, methods of proving that a vendor has good title, unregistered title and registered title).
4. Protection of Legal and Equitable Property Rights in Unregistered Land
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the protection of legal and equitable rights in those titles that are still subject to the rules governing unregistered land, including the impact of the Law of Property Act 1925 on equitable interests. Regarding land which is unregistered title, the law divided the existing equitable interests into three groups: those registrable as land charges; those which are ‘overreachable’; and those which are neither registrable as land charges nor overreachable, and are therefore still subject to the doctrine of notice. It investigates the elements of the doctrine of notice and includes cases studies on legal and equitable property rights and constructive notice through failure to investigate. Finally, the position of successors in title to a purchaser without notice is considered.
8. Co-Ownership of Land— The Basic Principles
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles of land co-ownership. It covers the two forms of co-ownership, joint tenancy and tenancy in common; the reform of co-ownership in 1925; joint tenancies in the early twentieth century; the current conveyancing practice to create an express trust; rules when there is no express declaration of a trust; resulting and constructive trusts; quantifying the beneficial interest under a constructive trust; severance of joint tenancies; and methods of severance.
14. Termination of Leases
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the ways in which leases may terminate (natural expiry, giving of notice, merger, surrender, frustration, repudiatory breach by the landlord accepted by the tenant, and forfeiture); forfeiture of leases; waiver of forfeiture; relief from forfeiture; and the Leasehold Property (Repairs) Act 1938.
9. The Free Movement of Persons
Authors: Foster Nigel
Published: August 2017

This chapter discusses EU law on the free movement of persons and citizenship. It covers the legal framework; the scope of the basic rights; the material scope of the rights; free movement of the self-employed; derogations from the free movement regimes; the wholly internal rule; the treatment of third-country nationals.
13. Action for failure to act
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the provisions of Article 265 of the Treaty on the Functioning of the European Union (TFEU) concerning action for failure to act. It discusses the notion of ‘reviewable omissions’, the scope of the EU institutions’ duty to act and the consequences of a successful action. It explains that the procedure provided under Article 265 TFEU complements the Article 263 TFEU procedure.
14. Union liability in tort: action for damages
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the action for damages related to European Union liability in tort. It discusses the scope of non-contractual liability and liability for wrongful acts or omissions under Article 340(2) of the Treaty on the Functioning of the European Union (TFEU). The chapter considers the restrictive rules in relation to assessment of damages and causation. The chapter highlights the need for European Courts to balance the conflicting interests of permitting flexibility in decision-making and protecting individuals who may suffer as a result of such action.
22. Economic rights: workers, establishment and services
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the provisions of European Union (EU) law concerning economic rights provided by Articles 45, 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), concerning workers, establishment and services respectively. It discusses the Court of Justice’s (CJ) interpretation and its impact on Member States’ ability to regulate within their own territory. The chapter discusses the harmonization of qualifications and the Services Directive.
27. Discrimination
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines European Union (EU) law on discrimination. It provides an overview of provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). The chapter explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113, Directive 2000/43 and Directive 2000/78.
6. Exemption clauses
Authors: Taylor Richard , Taylor Damian
Published: August 2017

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Exemption clauses provide that one party will not be liable in certain situations; they exclude or limit liability. Exemption clauses have traditionally been frowned upon because they have been misused, often to the detriment of consumers, and the courts have responded by repeatedly looking for ways to cut them down. In recent years the Unfair Contract Terms Act 1977 has given the courts much stronger powers and the Unfair Terms in Consumer Contracts Regulations have strengthened the position of consumers. These statutory controls have recently been radically overhauled in the Consumer Rights Act 2015 and this chapter provides a full explanation of these complex developments.
3. Bailment
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

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: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter focuses on the relationship between principal and agent. In general, the rights and duties of an agent derive either from a contract made with the principal or from the fiduciary nature of their relationship. Although most agencies are consensual, an agency may also arise because of the apparent or usual authority of the agent or through necessity. Such agencies are non-consensual, and whether they give rise to the normal incidents of a principal–agent relationship remains an unanswered question. This chapter considers the duties of the agent, such as duty of care and skill and fiduciary duties, as well as rights relating to remuneration, reimbursement and indemnity, and lien. It also discusses the ways by which agency may be terminated involving principals and agents, commercial agents, and third parties. A number of relevant cases are cited throughout the chapter.
9. Passing of the property in the goods as between seller and buyer
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter examines the concept of the passing of the property in the goods as between seller and buyer. Where the contract is an agreement to sell, and the property remains with the seller: the contract is still executory; the buyer has only rights in personam against the seller; the buyer's remedy against the seller, if he is in breach of contract, is for damages for non-delivery; the seller's remedy against the buyer, if he is in breach, is for damages for non-acceptance — the seller continues to be responsible for the goods (storage charges, disposing of them if perishable, etc). This chapter discusses the rules for determining when the property passes, 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 frustration of sale of goods contracts.
16. Modern Payment Systems
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter examines modern payment systems for commercial transactions. Payment may be made by the delivery of physical money (i.e. coins and bank notes by way of legal tender) from the debtor to the creditor. However, payment by the physical delivery of money can be both risky and expensive, incurring transport and insurance costs, as well as loss of interest during transit. Because of these difficulties, various forms of payment mechanisms and payment systems have been developed. This chapter first considers the nature of a funds transfer and the terminology used to describe a funds transfer operation before discussing credit/debit transfers, clearing and settlement, clearing systems and clearing rules, and the duties of the banks involved in a funds transfer. It also analyses countermand, completion of payment as between payer and payee, and unwanted payments.
23. Receivables financing
Authors: Clarke MA , Hooley RJA , Munday RJC , Sealy LS , Tettenborn AM , Turner PG
Published: August 2017

This chapter focuses on the use of receivables for financing purposes. The term ‘receivable’ is a commercial expression referring to money that is receivable in the performance and discharge of a legal obligation. The terms ‘receivables’ and ‘book debts’ are often used interchangeably. However, ‘receivables’ is more broad than ‘book debts’: it includes book debts but is not limited to them. This chapter first considers the definition of ‘receivables financing’ before discussing financing by sale, either through factoring or block discounting. It then examines financing by secured transactions, along with other doctrines affecting assigned receivables such as the rule in Dearle v Hall. It also considers proposals to reform the law governing receivables and concludes with an analysis of international factoring.
The medical science DMZ: a network design pattern for data-intensive medical science
Authors: Peisert Sean , Dart Eli , Barnett William , Balas Edward , Cuff James , Grossman Robert L , Berman Ari , Shankar Anurag , Tierney Brian
Published: August 2017

Objective

We describe a detailed solution for maintaining high-capacity, data-intensive network flows (eg, 10, 40, 100 Gbps+) in a scientific, medical context while still adhering to security and privacy laws and regulations.

Materials and Methods

High-end networking, packet-filter firewalls, network intrusion-detection systems.

Results

We describe a “Medical Science DMZ” concept as an option for secure, high-volume transport of large, sensitive datasets between research institutions over national research networks, and give 3 detailed descriptions of implemented Medical Science DMZs.

Discussion

The exponentially increasing amounts of “omics” data, high-quality imaging, and other rapidly growing clinical datasets have resulted in the rise of biomedical research “Big Data.” The storage, analysis, and network resources required to process these data and integrate them into patient diagnoses and treatments have grown to scales that strain the capabilities of academic health centers. Some data are not generated locally and cannot be sustained locally, and shared data repositories such as those provided by the National Library of Medicine, the National Cancer Institute, and international partners such as the European Bioinformatics Institute are rapidly growing. The ability to store and compute using these data must therefore be addressed by a combination of local, national, and industry resources that exchange large datasets. Maintaining data-intensive flows that comply with the Health Insurance Portability and Accountability Act (HIPAA) and other regulations presents a new challenge for biomedical research. We describe a strategy that marries performance and security by borrowing from and redefining the concept of a Science DMZ, a framework that is used in physical sciences and engineering research to manage high-capacity data flows.

Conclusion

By implementing a Medical Science DMZ architecture, biomedical researchers can leverage the scale provided by high-performance computer and cloud storage facilities and national high-speed research networks while preserving privacy and meeting regulatory requirements.
Blended-Learning Pain Neuroscience Education for People With Chronic Spinal Pain: Randomized Controlled Multicenter Trial
Authors: Malfliet Anneleen , Kregel Jeroen , Meeus Mira , Roussel Nathalie , Danneels Lieven , Cagnie Barbara , Dolphens Mieke , Nijs Jo
Published: August 2017

Background

Available evidence favors the use of pain neuroscience education (PNE) in patients with chronic pain. However, PNE trials are often limited to small sample sizes and, despite the current digital era, the effects of blended-learning PNE (ie, the combination of online digital media with traditional educational methods) have not yet been investigated.

Objective

The study objective was to examine whether blended-learning PNE is able to improve disability, catastrophizing, kinesiophobia, and illness perceptions.

Design

This study was a 2-center, triple-blind randomized controlled trial (participants, statistician, and outcome assessor were masked).

Setting

The study took place at university hospitals in Ghent and Brussels, Belgium.

Participants

Participants were 120 people with nonspecific chronic spinal pain (ie, chronic neck pain and low back pain).

Intervention

The intervention was 3 sessions of PNE or biomedically focused back/neck school education (addressing spinal anatomy and physiology).

Measurements

Measurements were self-report questionnaires (Pain Disability Index, Pain Catastrophizing Scale, Tampa Scale for Kinesiophobia, Illness Perception Questionnaire, and Pain Vigilance and Awareness Questionnaire).

Results

None of the treatment groups showed a significant change in the perceived disability (Pain Disability Index) due to pain (mean group difference posteducation: 1.84; 95% CI = −2.80 to 6.47). Significant interaction effects were seen for kinesiophobia and several subscales of the Illness Perception Questionnaire, including negative consequences, cyclical time line, and acute/chronic time line. In-depth analysis revealed that only in the PNE group were these outcomes significantly improved (9% to 17% improvement; 0.37 ≤ Cohen d ≥ 0.86).

Limitations

Effect sizes are small to moderate, which might raise the concern of limited clinical utility; however, changes in kinesiophobia exceed the minimal detectable difference. PNE should not be used as the sole treatment modality but should be combined with other treatment strategies.

Conclusions

Blended-learning PNE was able to improve kinesiophobia and illness perceptions in participants with chronic spinal pain. As effect sizes remained small to medium, PNE should not be used as a sole treatment but rather should be used as a key element within a comprehensive active rehabilitation program. Future studies should compare the effects of blended-learning PNE with offline PNE and should consider cost–effectiveness.
Pulsed Dye Laser at Subpurpuric Settings for the Treatment of Pulsed Dye Laser–Induced Ecchymoses in Patients With Port-Wine Stains
Authors: Brauer Jeremy A. , Farhadian Joshua A. , Bernstein Leonard J. , Bae Yoon-Soo , Geronemus Roy G.
Published: August 2017

BACKGROUND

Post-procedure purpura is a major complaint of patients with port-wine stains (PWSs) treated with pulsed dye laser (PDL).

OBJECTIVE

To assess the safety and efficacy of using PDL at nonpurpuric settings to treat ecchymoses that develop within PWSs after treatment with PDL.

MATERIALS AND METHODS

Prospective, randomized, controlled study using 595-nm PDL for treatment of PWSs and laser-induced ecchymoses. Port-wine stains were treated in entirety at baseline. Two days later, ecchymoses on randomly selected half of the lesion were re-treated with PDL at subpurpuric settings. Treatment series was repeated 4 to 8 weeks later, and follow-up was at 1 month. Reduction in bruising and PWS clearance were assessed. Three masked evaluators graded clinical improvement using a 4-point scale (1 = 1%–25% improvement, 2 = 26%–50% improvement, 3 = 51%–75% improvement, and 4 = 76%–100% improvement).

RESULTS

Twenty adults with 21 PWSs on the head, trunk, and extremities were treated. After first treatment, reduction of bruising was graded a mean value of 2.43 for the treatment side, compared with 1.93 for the control side (p = .012); after the second treatment, 2.83 compared with 2.40 (p = .021). No significant adverse events occurred.

CONCLUSION

Pulsed dye laser can be used safely and effectively to reduce treatment-induced purpura in patients with PWSs.
Measuring Cutaneous Lesions: Trends in Clinical Practice
Authors: Zhang Shali , Blalock Travis W.
Published: August 2017

BACKGROUND

Knowing the size of a cutaneous lesion can be important for tracking its progression over time, selecting the proper treatment modality, surgical planning, determining prognosis, and accurate billing. However, providers vary in their consistency, accuracy, and methods of measuring cutaneous lesions.

OBJECTIVE

To investigate the clinical practices of US dermatologists and dermatologic surgeons regarding how they determine the size of cutaneous lesions.

MATERIALS AND METHODS

A survey was electronically distributed to members of the American Society for Dermatologic Surgery.

RESULTS

Four hundred twenty-six dermatologists completed the online survey. When a lesion is suspected to be malignant, 85% of respondents obtained exact measurements most, if not all, of the time; however, only 8% did for benign lesions. Most providers determined lesion sizes themselves rather than delegating to staff. When performing visual estimation, approximately three-quarters believed that they were accurate to within 1 to 2 mm. The top reasons for obtaining exact measurements were for tracking atypical pigmented lesions, determining treatment pathways, and accurate billing.

CONCLUSION

The majority of respondents believed that lesion size affected management decisions; however, the need for exact measurement remains controversial, particularly for benign lesions. Future studies may investigate whether taking exact versus estimated measurements has an effect on outcomes.