bluuebunny/crossref_metadata_2025 huggingface dataset:
R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords. The document also includes supporting commentary from author Thomas Webb.
Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. The document also includes supporting commentary from author Thomas Webb.
Commission v Italy (‘Trailers’) (Case C-110/05), ECLI:EU:C:2009:66, [2009] ECR I-519, 10 February 2009
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Italy (‘Trailers’) (Case C-110/05), ECLI:EU:C:2009:66, [2009] ECR I-519, 10 February 2009. The document also included supporting commentary from author Noreen O’Meara.
Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), ECLI:EU:C:1987:452, [1987] ECR 4199, 22 October 1987
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foto-Frost v Hauptzollamt Lübeck-Ost (Case C-314/85), ECLI:EU:C:1987:452, [1987] ECR 4199, 22 October 1987. The document also included supporting commentary from author Noreen O’Meara.
Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), ECLI:EU:C:2015:597, 15 September 2015
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), ECLI:EU:C:2015:597, 15 September 2015. The document also included supporting commentary from author Noreen O’Meara.
Procureur du Roi v Benoît and Gustave Dassonville (Case 8/74), ECLI:EU:C:1974:82, [1974] ECR 837, 11 July 1974
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Procureur du Roi v Benoît and Gustave Dassonville (Case 8/74), ECLI:EU:C:1974:82, [1974] ECR 837, 11 July 1974. The document also included supporting commentary from author Noreen O’Meara.
Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), ECLI:EU:C:2001:458, [2001] ECR I-06193, 20 September 2001
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), ECLI:EU:C:2001:458, [2001] ECR I-06193, 20 September 2001. The document also included supporting commentary from author Noreen O’Meara.
Essential Cases: Criminal Law
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in criminal law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Jonathan Herring, including his assessment of the wider questions raised by the decision.
R v Adomako [1995] AC 171, House of Lords
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Adomako [1995] AC 171, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Fagan [1969] 1 QB 439, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Fagan [1969] 1 QB 439, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Ghosh [1982] 1 QB 1053, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Ghosh [1982] 1 QB 1053, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Woollin [1999] 1 AC 82, House of Lords
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Woollin [1999] 1 AC 82, House of Lords. The document also included supporting commentary from author Jonathan Herring.
7. Unfair dismissal
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about unfair dismissal. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of unfair dismissal including who is eligible to bring a claim for unfair dismissal, the potentially fair reasons to dismiss, determining whether an employer has acted reasonably, procedural fairness, and remedies. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
5. Causation and Scope of Liability
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

Before liability can arise in negligence a causal link must be established between the negligence of the defendant and the injury for which the claimant claims compensation. The first hurdle that must be overcome is to show an historical connection between the defendant’s negligence and the injury (factual causation). This is normally decided by the application of the but-for test: but for the defendant’s negligence, would the claimant have suffered the injury that he or she did? If factual causation is satisfied, the claimant must then show that the defendant should be legally responsible for the damage the claimant has suffered. This second strand of the causation enquiry may involve issues of ‘legal causation’, which is to say consideration of the effect of intervening acts, whether of the claimant or of a third party, occurring between the defendant’s negligence and the claimant’s injury. It may also involve consideration of whether the defendant should not have to pay for the full extent of the damage because it is considered too remote. These issues are considered in this chapter.
7. Negligence: Duty of Care—Psychiatric Illness
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter examines liability for psychiatric illness in negligence. It considers liability to a person who witnesses the death, injury or imperilment of another person (‘secondary victim’ cases); cases where the claimant was involved as a participant’ in the traumatic event (‘primary victim’ cases); and cases of stress-related illness. The chapter concludes with an evaluation of the current law in this area and consideration of reform proposals.
2. Proceedings Before the Court
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the proceedings at the Strasbourg Court of the European Court of Human Rights. It explains that the Court’s principal role is to pronounce on applications under the European Convention on Human Rights (ECHR) and that its judgments are legally binding on respondent States and declaratory in nature. The chapter describes the composition and general procedure of the Court, and discusses the admissibility criteria. It outlines the ongoing reform of the institutions of the Court and measures taken to increase the efficiency of the Court and improve the relationship between the States and the Court.
4. Domestic violence
Authors: Heenan Susan , Heenan Anna
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on domestic violence and its causes, along with a number of relevant civil law and criminal law remedies. It explains non-molestation orders under the Family Law Act 1996 before turning to a discussion of breach of an order as a contempt of court. It also considers occupation orders, which regulate the occupation of property, along with various categories of applicant who can seek them. Finally, the chapter examines protection available to parties who are not associated persons under the Protection from Harassment Act 1997.
6. The Children Act—the private law
Authors: Heenan Susan , Heenan Anna
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on private law matters concerning children under the Children Act 1989, particularly sections 1 and 8. It begins by looking at who is a parent and explaining the concept of parental responsibility and who has it. The chapter then considers the factors considered by the courts to resolve disputes over aspects of a child’s upbringing, including the welfare principle, the welfare checklist, the ‘no delay’ principle, the ‘no order’ principle, and the presumption of continued parental involvement.
8. Adoption
Authors: Heenan Susan , Heenan Anna
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on adoption as a means to terminate the legal relationship between a child and their birth parents. It considers the human rights aspects of adoption and different types of adoption and discusses adoption proceedings in the UK under the Adoption and Children Act 2002. The chapter then explains the role of local authorities and adoption agencies under section 2 of the Adoption and Children Act 2002, and placement for adoption, parental responsibility and parental consent. It also highlights the welfare of children as considered by an adoption agency or a court when making a decision affecting the child. Finally, the chapter examines alternative orders: child arrangements order, parental responsibility, special guardianship order, and no order. This edition now includes reference to the Special Guardianship (Amendment) Regulations 2016.
1. Introduction
Authors: French Derek
Published: September 2017

This chapter provides an overview of the work’s contents: overview of English company law, the context in which it has developed, its purpose and history, controversy over company law and its fundamental nature. Introduces the idea of a company as a separate, artificial person capable of owning property, being a party to contracts, and being a claimant or defendant in legal proceedings. Discusses other main themes that recur in the book, including ownership and control of a company and corporate governance, corporate finance, transparency and disclosure, the distinction between public and private companies, and picking up the pieces after things go wrong. Deals with the nature of corporations in general and companies in particular; differences between incorporated companies and two other legal forms used by businesses, partnership, and sole proprietorship; the sources of company law in statute, case law, and European law; and the purposes company law should serve.
2. Registration
Authors: French Derek
Published: September 2017

This chapter discusses the process of registration for the incorporation of companies under the Companies Act 2006. It considers the different basic types of companies, the distinction between private and public companies, the meaning of limited liability and the significant characteristics of the company created by the registration procedure (separate corporate personality, members, shareholding, directors, secretary, name, constitution and a registered office and domicile). The chapter discusses re-registration as a means of altering a company. It looks at a particularly significant case: Ebrahimi v Westbourne Galleries Ltd [1973] AC 360.
4. Transparency
Authors: French Derek
Published: September 2017

This chapter focuses on the various requirements for provision of company information for purposes of transparency, particularly with respect to constitution, membership, officers and finances. The required information must be provided to Companies House, where it can be inspected by anyone on payment of the prescribed fees, or at the company’s registered office or an alternative inspection place. Some other information is required by the Companies Act 2006, the Insolvency Act 1986, the Insolvency (England and Wales) Rules 2016 and related statutory instruments to be sent to Companies House. The chapter also sets out the requirements for a company’s registered name and registered number to be given on business letters, order forms and websites.
18. Remedies for maladministration
Authors: French Derek
Published: September 2017

This chapter considers the remedies available when maladministration occurs, with emphasis on the existence of the company as a separate person. It examines circumstances where a wrong has been done to the company or to individual members, focusing on the proper claimant principle established in Foss v Harbottle (1843) 2 Hare 461, and the possible action that can be taken against company officers who have committed a wrong. It also explains the causes for which a member can file derivative claims; the right of a member to petition the court for relief under the Companies Act 2006 (CA 2006), part 30 (ss 994 to 999); the concept of winding up; the irregularity principle; and when the Secretary of State can intervene in maladministration cases. The chapter cites relevant legislation (Companies Act 1985, Insolvency Act 1986 and CA 2006) and a number of particularly significant court cases.
1. Agreement
Authors: Poole Jill , Devenney James , Shaw-Mellors Adam
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the components of agreement, an essential ingredient of a contract. Traditionally an agreement is comprised of an offer and a corresponding acceptance. There are two types of agreement: bilateral and unilateral. Bilateral agreements are by far the most common in practice and consist of a promise in exchange for a promise. Unilateral agreements consist of a promise in exchange for an act. This chapter analyses the agreement process in terms of offer, acceptance, and revocation of offers in bilateral and unilateral scenarios in order to provide structures and scenarios for future use. It also explains the two-contract analysis which is used to impose pre-contractual liability in English law.
Evidence Concentrate
Authors: Spencer Maureen , Spencer John
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Evidence Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers principles and key concepts; burden of proof and presumptions; confessions and the defendant’s silence; improperly obtained evidence, other than confessions; character evidence; hearsay evidence; competence and compellability, special measures; issues in the course of trial; opinion evidence; public interest immunity and disclosure; and privilege. New to this, the fifth edition, is an increased number of Diagrams and Tables to aid learning and to explain the key concepts of each chapter, see for example the Tables on judicial directions on good character in Chapter 5.
5. Character evidence
Authors: Spencer Maureen , Spencer John
Published: September 2017

This chapter, which focuses on the admissibility and evidential worth of character evidence, explains the definition of bad character under the Criminal Justice Act 2003. It examines how bad character evidence of the defendant may be admitted through one of the ‘gateways’ under the Act. It reviews the evidential worth of the character evidence if admitted and explains the difference between propensity and credibility. The law on the admissibility of the bad character of non-defendant witnesses is explained. The chapter concludes with the admissibility of good character evidence, governed by the common law.
8. Issues in the course of trial
Authors: Spencer Maureen , Spencer John
Published: September 2017

This chapter examines a number of procedural matters in criminal trials. It first explains suspect evidence and the erosion of the rules on corroboration under the Criminal Justice and Public Order Act 1994. It then considers the Turnbull direction on identification and Lucas direction on lies by the defendant and the procedures for identification in Code D of the Police and Criminal Evidence Act 1984. It continues with a review of some aspects of examination and cross examination, including the witness’s use of memory refreshing documents under the Criminal Justice Act 2003, the admissibility of inconsistent statements of the witness under the Criminal Procedure Act 1865, and the rule of finality on collateral questions addressed to a witness. The chapter also examines the rules on cross examination of complainants in sexual cases on previous sexual history and the case law under section 41 Youth Justice and Criminal Evidence Act 1999.
8. Law of the sea
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2017

The law of the sea governs the relations of States in respect of the uses of the seas. It allocates competences between on the one hand coastal States wishing to extend their jurisdictional reach as far as possible and the flag States on the other, wishing to have the seas open for vessels to navigate and for other uses. The chapter discusses the laws applicable to each maritime zone, namely internal waters, the territorial sea, the contiguous zone, the Exclusive Economic Zone, the high seas, and the sea-bed. It also sets out the rules of maritime delimitation between States with opposite or adjacent coastlines.
9. State responsibility
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2017

The law of international responsibility sets out the legal consequences arising from a breach by a State of its international obligations. It should be distinguished from ‘primary rules’ of international law, which lay down international obligations. International responsibility arises when a certain act or omission is wrongful, i.e. it is attributed to a State and it amounts to a violation of its ‘primary’ obligations. The international responsibility may be excused under certain strict circumstances, like consent or necessity. Otherwise, the responsible State should cease the wrongful conduct and in case of damage, it should provide reparation to the injured State, in the form of restitution, compensation, and satisfaction.
11. Use of force
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2017

This chapter examines under what circumstances States may use armed force under customary international law and Art 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.
12. Human rights and international humanitarian law
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2017

This chapter examines the nature and diversity of human rights, rather than any particular right. It looks at issues such as the universality, inter-dependence, and indivisibility of rights. It points to the issue of justiciability and emphasizes the obligation of States in both its negative as well as its positive dimension. The chapter examines the role of derogations and reservations to human rights treaties as well as cardinal principles in such treaties, namely the margin of appreciation and the scope of application. The chapter examines briefly regional human rights institutions, particularly the European Court of Human Rights, as well as the African system, in addition to the UN Charter and treaty-based bodies with an emphasis on the universal periodic review. Finally, the chapter examines in some detail the key aspects and distinctions in international humanitarian law, such as the distinction and legal consequences between combatants and civilians and others.
2. Copyright
Authors: Press Tim
Published: September 2017

This chapter defines copyright as arising whenever a work is created under qualifying conditions. The Copyright, Designs, and Patents Act 1988 (CDPA) defines eight types of work that fall under two categories: works that must be original or ‘authorial works’, including literary works, dramatic works, musical works, and artistic works; and works that need not be original or ‘entrepreneurial works’: films, sound recordings, broadcasts, and the typographical arrangement of published editions. Copyright is infringed by copying or communicating the whole or a substantial part of a work—referred to as primary infringement—or by dealing in infringing copies of a work-referred to as secondary infringement. There are some major and many minor defences to copyright infringement including the ‘fair dealing’ defences and the public interest. Many aspects of copyright law have been harmonized by the European Union.
3. Computer programs and databases
Authors: Press Tim
Published: September 2017

This chapter deals with copyright in computer programs and databases for which the EU Software and Database Directives set special rules, which are implemented in the Copyright, Design and Patents Act 1988 (CDPA). It also deals with database right, also created by the Directive, which is implemented by the Copyright and Rights in Databases Regulations 1997. There are particular defences to copyright infringement in relation to computer programs that allow decompilation and the development of compatible software. Database right is intended to protect the investment in gathering the data into a database; it does not protect data that is created by the database owner. Database right protects against the extraction or re-utilization of the contents of the database for a period of 15 years.
8. Designs
Authors: Press Tim
Published: September 2017

This chapter discusses designs law, which is a collection of legal rights that can protect designers of products from having the appearance or shape of their products copied, or give them a monopoly over the commercial exploitation of a shape. Designs law is not about any literary or musical content recorded on a product-that will be protected by copyright. Similarly, the underlying technological ideas may be protected by a patent. In the UK, copyright in designs cannot be used to prevent designs for everyday, functional articles from being copied; only artistic designs can be protected by copyright. Design right protects non-artistic designs and registered designs, and protects designs which are new and of individual character by a monopoly right that lasts 25 years. Registered designs law has been harmonized by the European Union.
2. Sources of constitutional law and constitutional conventions
Authors: Faragher Colin
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first discusses the five key sources of UK law: the common law in the form of judicial decisions and cases involving the interpretation of statutes, Acts of Parliament, EU law, the European Convention on Human Rights and Fundamental Freedoms, and the law and custom of Parliament. It then turns to the issue of constitutional conventions, covering the distinction between laws and conventions, whether constitutional conventions are binding, and examples of constitutional conventions.
6. The executive: central, devolved, and local government
Authors: Faragher Colin
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the executive branch of government. The executive consists of the reigning monarch who is legally the head of state, the Prime Minister, Cabinet, unanimity of advice and collective cabinet responsibility; Secretaries of State, ministers of the Crown, departments of state, non-departmental public bodies, the civil service, the civil service commission, parliamentary accountability, the ministerial code, the seven principles of public life, legal accountability devolved administrative organizations, in Scotland, Wales, Northern Ireland, and London, local authorities, the police, and the armed forces, the effect of the Localism Act 2011, the Scotland Acts 2012 and 2016, and the Cities and Devolution Act 2016.
8. The sovereignty of Parliament
Authors: Faragher Colin
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the purposive approach to statutory interpretation; and the implications of EU law for parliamentary sovereignty.
9. European Union law and institutions
Authors: Faragher Colin
Published: September 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the framework and institutions of the European Union. It covers European Union Treaty framework since 1957; sources of EU law; failure to transpose a Directive into national law; breach of a Treaty provision by the national legislature; breach of a Treaty provision by the national administration; incorrect transposition of a Directive into national law; liability of judicial acts; the Lisbon Treaty and the procedure for withdrawal from the European Union under Article 50.
3. Duty of care: further issues
Authors: Brennan Carol
Published: September 2017

This chapter discusses areas in which the existence of a duty of care is problematic, particularly raising policy reasons for not imposing negligence liability in certain situations. Duty of care is often absent in the case of omissions, that is, when damage resulted from the defendant’s lack of action, rather than directly from a positive act. When the defendant is a public body, concern about operational discretion and financial implications may make it undesirable to impose a duty of care. There is a focus on negligence claims against the police. Duties to the unborn child are included.
4. Pure economic loss and negligent misstatement
Authors: Brennan Carol
Published: September 2017

This chapter discusses the law on pure economic loss, which is loss that is not derived from physical injury, death, or property damage. It may be consequential, that is resulting from the acquisition of a defective product or property. More commonly, the issue arises due to a negligent misstatement, or provision of professional services. This is an area of commercial and professional importance where there has been a trend towards expansion in the area of negligent misstatement. The two key cases in this area are Murphy v Brentwood District Council and Hedley Byrne v Heller.
5. Psychiatric injury
Authors: Brennan Carol
Published: September 2017

This chapter discusses the law on psychiatric injury. Psychiatric injury which is not derived from physical injury is a type of damage which is not always recoverable in negligence. It is an aspect of duty of care. The range of allowable actions has evolved through developments of control mechanisms in the common law, often policy based. The legal distinction between the primary and secondary victim is explored, as are more atypical situations. The four key cases are McLoughlin v O’Brian (1983), Alcock v Chief Constable of South Yorkshire Police (1991), Page v Smith (1995), and White v Chief Constable of the South Yorkshire Police (1999).
17. Remedies and principles of compensation
Authors: Brennan Carol
Published: September 2017

This chapter discusses the main remedies for torts: damages and injunctions. In tort, damages are primarily compensatory and are intended to restore to the claimant what he has lost. Damages may be punitive or aggravated. They may be awarded in a lump sum, or in periodic or provisional form, and may be subject to deductions. An injunction is an order of the court requiring the defendant either to do something (mandatory injunction) or to cease doing something (prohibitory injunction). Interim injunctions anticipate trial of the full issue. Upon death, a remedy may be obtainable on behalf of the deceased or his dependents.
Medication-related clinical decision support alert overrides in inpatients
Authors: Nanji Karen C , Seger Diane L , Slight Sarah P , Amato Mary G , Beeler Patrick E , Her Qoua L , Dalleur Olivia , Eguale Tewodros , Wong Adrian , Silvers Elizabeth R , Swerdloff Michael , Hussain Salman T , Maniam Nivethietha , Fiskio Julie M , Dykes Patricia C , Bates David W
Published: September 2017

Objective

To define the types and numbers of inpatient clinical decision support alerts, measure the frequency with which they are overridden, and describe providers’ reasons for overriding them and the appropriateness of those reasons.

Materials and Methods

We conducted a cross-sectional study of medication-related clinical decision support alerts over a 3-year period at a 793-bed tertiary-care teaching institution. We measured the rate of alert overrides, the rate of overrides by alert type, the reasons cited for overrides, and the appropriateness of those reasons.

Results

Overall, 73.3% of patient allergy, drug-drug interaction, and duplicate drug alerts were overridden, though the rate of overrides varied by alert type (P < .0001). About 60% of overrides were appropriate, and that proportion also varied by alert type (P < .0001). Few overrides of renal- (2.2%) or age-based (26.4%) medication substitutions were appropriate, while most duplicate drug (98%), patient allergy (96.5%), and formulary substitution (82.5%) alerts were appropriate.

Discussion

Despite warnings of potential significant harm, certain categories of alert overrides were inappropriate >75% of the time. The vast majority of duplicate drug, patient allergy, and formulary substitution alerts were appropriate, suggesting that these categories of alerts might be good targets for refinement to reduce alert fatigue.

Conclusion

Almost three-quarters of alerts were overridden, and 40% of the overrides were not appropriate. Future research should optimize alert types and frequencies to increase their clinical relevance, reducing alert fatigue so that important alerts are not inappropriately overridden.
BRAF V600E Mutation-Assisted Risk Stratification of Solitary Intrathyroidal Papillary Thyroid Cancer for Precision Treatment
Authors: Huang Yueye , Qu Shen , Zhu Guangwu , Wang Fei , Liu Rengyun , Shen Xiaopei , Viola David , Elisei Rossella , Puxeddu Efisio , Fugazzola Laura , Colombo Carla , Jarzab Barbara , Czarniecka Agnieszka , Lam Alfred K , Mian Caterina , Vianello Federica , Yip Linwah , Riesco-Eizaguirre Garcilaso , Santisteban Pilar , O’Neill Christine J , Sywak Mark S , Clifton-Bligh Roderick , Bendlova Bela , Sýkorová Vlasta , Xing Mingzhao
Published: September 2017

Background

Precise risk stratification-based treatment of solitary intrathyroidal papillary thyroid cancer (SI-PTC) that is larger than 1.0 cm and 4.0 cm or less is undefined.

Methods

A genetic-clinical risk study was performed on BRAF V600E in 955 patients (768 women and 187 men) with SI-PTC, with median age of 46 years and median clinical follow–up time of 64 months at 11 medical centers in six countries. The chi-square test or, for analyses with small numbers, Fisher’s exact test was performed to compare recurrence rates. Recurrence-free probability was estimated by Kaplan-Meier (KM) analysis, and the independent effect of BRAF mutation on the recurrence was analyzed by Cox regression and Cox proportional hazard analyses. All statistical tests were two-sided.

Results

Recurrence of SI-PTC larger than 1.0 cm and 4.0 cm or less was 9.5% (21/221) vs 3.4% (11/319) in BRAF mutation vs wild-type BRAF patients, with a hazard ratio (HR) of 3.03 (95% confidence interval [CI] = 1.46 to 6.30) and a patient age- and sex-adjusted hazard ratio of 3.10 (95% CI = 1.49 to 6.45, P = .002). Recurrence rates of SI-PTC larger than 2.0 cm and 4.0 cm or less were 16.5% (13/79) vs 3.6% (5/139) in mutation vs wild-type patients (HR = 5.44, 95% CI = 1.93 to 15.34; and adjusted HR = 5.58, 95% CI = 1.96 to 15.85, P = .001). Recurrence rates of SI-PTC larger than 3.0 cm and 4 cm or less were 30.0% (6/20) vs 1.9% (1/54) in mutation vs wild-type patients (HR = 18.40, 95% CI = 2.21 to 152.98; and adjusted HR = 14.73, 95% CI = 1.74 to 124.80, P = .01). Recurrences of mutation-positive SI-PTC were comparable with those of counterpart invasive solitary PTC, around 20% to 30%, in tumors larger than 2.0 cm to 3.0 cm. BRAF mutation was associated with a statistically significant decrease in recurrence-free patient survival on KM analysis, particularly in SI-PTC larger than 2.0 cm and 4.0 cm or less. Similar results were obtained in conventional SI-PTC. The negative predictive values of BRAF mutation for recurrence were 97.8% (95% CI = 96.3% to 98.8%) for general SI-PTC and 98.2% (95% CI = 96.3% to 99.3%) for conventional SI-PTC.

Conclusions

BRAF V600E identifies a subgroup of SI-PTC larger than 1.0 cm and 4.0 cm or less, particularly tumors larger than 2.0 cm and 4.0 cm or less, that has high risk for recurrence comparable with that of invasive solitary PTC, making more aggressive treatment reasonable.
Determinants of Virulence and In Vitro Development Colocalize on a Genetic Map of Setosphaeria turcica
Authors: Mideros Santiago X. , Chung Chia-Lin , Wiesner-Hanks Tyr , Poland Jesse A. , Wu Dongliang , Fialko Ariel A. , Turgeon B. Gillian , Nelson Rebecca J.
Published: September 2017

Generating effective and stable strategies for resistance breeding requires an understanding of the genetics of host–pathogen interactions and the implications for pathogen dynamics and evolution. Setosphaeria turcica causes northern leaf blight (NLB), an important disease of maize for which major resistance genes have been deployed. Little is known about the evolutionary dynamics of avirulence (AVR) genes in S. turcica. To test the hypothesis that there is a genetic association between avirulence and in vitro development traits, we (i) created a genetic map of S. turcica, (ii) located candidate AVRHt1 and AVRHt2 regions, and (iii) identified genetic regions associated with several in vitro development traits. A cross was generated between a race 1 and a race 23N strain, and 221 progeny were isolated. Genotyping by sequencing was used to score 2,078 single-nucleotide polymorphism markers. A genetic map spanning 1,981 centimorgans was constructed, consisting of 21 linkage groups. Genetic mapping extended prior evidence for the location and identity of the AVRHt1 gene and identified a region of interest for AVRHt2. The genetic location of AVRHt2 colocalized with loci influencing radial growth and mycelial abundance. Our data suggest a trade-off between virulence on Ht1 and Ht2 and the pathogen’s vegetative growth rate. In addition, in-depth analysis of the genotypic data suggests the presence of significant duplication in the genome of S. turcica.
Comparative Genomic Analyses of Clavibacter michiganensis subsp. insidiosus and Pathogenicity on Medicago truncatula
Authors: Lu You , Ishimaru Carol A. , Glazebrook Jane , Samac Deborah A.
Published: September 2017

Clavibacter michiganensis is the most economically important gram-positive bacterial plant pathogen, with subspecies that cause serious diseases of maize, wheat, tomato, potato, and alfalfa. Much less is known about pathogenesis involving gram-positive plant pathogens than is known for gram-negative bacteria. Comparative genome analyses of C. michiganensis subspecies affecting tomato, potato, and maize have provided insights on pathogenicity. In this study, we identified strains of C. michiganensis subsp. insidiosus with contrasting pathogenicity on three accessions of the model legume Medicago truncatula. We generated complete genome sequences for two strains and compared these to a previously sequenced strain and genome sequences of four other subspecies. The three C. michiganensis subsp. insidiosus strains varied in gene content due to genome rearrangements, most likely facilitated by insertion elements, and plasmid number, which varied from one to three depending on strain. The core C. michiganensis genome consisted of 1,917 genes, with 379 genes unique to C. michiganensis subsp. insidiosus. An operon for synthesis of the extracellular blue pigment indigoidine, enzymes for pectin degradation, and an operon for inositol metabolism are among the unique features. Secreted serine proteases belonging to both the pat-1 and ppa families were present but highly diverged from those in other subspecies.
Testing a Model of Consultation-based Reassurance and Back Pain Outcomes With Psychological Risk as Moderator
Authors: Holt Nicola , Mansell Gemma , Hill Jonathan C. , Pincus Tamar
Published: September 2017

Objectives:

Reassurance is an essential part of treatment for low back pain (LBP), but evidence on effective methods to deliver reassurance remains scarce. The interaction between consultation-based reassurance and patients’ psychological risk is unknown. Our objective was to investigate the relationship between consultation-based reassurance and clinical outcomes at follow-up, in people with and without psychological risk.

Methods:

We tested the associations between specific reassurance components (data gathering, relationship building, generic reassurance, and cognitive reassurance), patients’ psychological risk (the presence of depression, anxiety, catastrophizing, or fear-avoidance), and postconsultation outcomes including, satisfaction and enablement, disability, pain, and mood at 3-month follow-up.

Results:

Adjusted linear regression models using data from patients who had recently consulted for LBP in primary care (n=142 in 43 practices) indicated that all reassurance components were strongly associated with increased satisfaction, whereas generic reassurance was significantly associated with postconsultation enablement. Generic reassurance was also associated with lower pain at 3 months, whereas cognitive reassurance was associated with increased pain. A significant interaction was observed between generic reassurance and psychological risk for depression at 3 months: high rates of generic reassurance were associated with lower depression in low-risk patients, but with higher rates of depression for high-risk groups.

Discussion:

The findings support the hypothesis that different components of reassurance are associated with specific outcomes, and that psychological risk moderates this relationship for depression. Clinicians reassuring behaviors might therefore have the potential to improve outcomes in people with LBP, especially for patients with higher psychological risk profiles.
An update on the role of epigenetics in systemic vasculitis
Authors: Coit Patrick , Direskeneli Haner , Sawalha Amr H.
Published: September 2017

Purpose of review

The purpose of this review is to discuss recent observations of epigenetic changes related to the complex pathogenesis of systemic vasculitides and their contribution to the field.

Recent findings

There have been new observations of epigenetic changes in vasculitis and their potential role in disease pathogenesis in antineutrophil cytoplasmic antibody-associated vasculitis, giant-cell arteritis, Kawasaki disease, Behçet's disease, and IgA vasculitis. Some of this recent work has focused on the efficacy of using DNA methylation and miRNA expression as clinical biomarkers for disease activity and how DNA methylation and histone modifications interact to regulate disease-related gene expression.

DNA methylation, histone modification, and miRNA expression changes are all fruitful ground for biomarker discovery and therapeutic targets in vasculitis. Current knowledge has provided targeted and suggested effects, but in many cases, has relied upon small cohorts, cosmopolitan cell populations, and limited knowledge of functional interactions. Expanding our knowledge of how these epigenetic mechanisms interact in a disease-specific and cell-specific manner will help to better understand the pathogenesis of systemic vasculitis.
Targeting aging for disease modification in osteoarthritis
Authors: Collins John A. , Diekman Brian O. , Loeser Richard F.
Published: September 2017

Purpose of review

Age is a key risk factor for the development of osteoarthritis and age-related changes within the joint might represent targets for therapy. The recent literature was reviewed to find studies that provide new insight into the role of aging in osteoarthritis, with a focus on the potential for disease modification.

Recent findings

Preclinical studies using isolated cells and animal models provide evidence that two hallmarks of aging (cellular senescence and mitochondrial dysfunction) contribute to the development of osteoarthritis. Senescent cells secrete pro-inflammatory mediators and matrix degrading enzymes, and killing these cells with ‘senolytic’ compounds has emerged as a potential disease-modifying therapy. Mitochondrial dysfunction is associated with increased levels of reactive oxygen species (ROS) that can promote osteoarthritis by disrupting homeostatic intracellular signaling. Reducing ROS production in the mitochondria, stimulating antioxidant gene expression through Nrf2 activation, or inhibiting specific redox-sensitive signaling proteins represent additional approaches to disease modification in osteoarthritis that require further investigation.

Although no human clinical trials for osteoarthritis have specifically targeted aging, preclinical studies suggest that targeting cellular senescence and/or mitochondrial dysfunction and the effects of excessive ROS may lead to novel interventions that could slow the progression of osteoarthritis.
Intra-articular findings during the modified Brostrom procedure for lateral instability of the pediatric ankle
Authors: Evans Brady T. , Tepolt Frances A. , Niu Emily , Kramer Dennis E. , Kocher Mininder S.
Published: September 2017

The purpose of this study was to identify the rates of chondral injury, soft tissue impingement, and bony impingement in pediatric patients undergoing the modified Brostrom procedure with ankle arthroscopy for lateral ankle instability. A retrospective review of all patients undergoing a modified Brostrom procedure with ankle arthroscopy performed by two surgeons at a tertiary care children’s hospital between October 2002 and April 2014 was performed. Data were collected regarding demographics, history and initial presentation, nonoperative management, surgical procedure and arthroscopic findings, and clinical follow-up. All patients had symptoms of ankle instability and had failed nonoperative management before surgery. A total of 69 patients were reviewed (75 ankles), of whom 54 (78%) were female and six underwent bilateral surgery. The mean±SD age was 15.2±2.6 years, and the mean BMI was 23.6±5.0 kg/m2. All patients had preoperative radiography and MRI. Preoperative imaging within 1 year before surgery was available for review of 57 (76%) ankles, with 16 (28%) having open physes, 28 (49%) having closing physes, and 13 (23%) having closed physes. All patients reviewed underwent the Brostrom procedure with Gould modification and routine concurrent arthroscopy. During arthroscopy, anterior soft tissue impingement was noted in 49 (65%) ankles, synovitis in 40 (53%), chondral defect in eight (11%), loose body in three (4%), and none were found to have bony impingement. Soft tissue impingement (65%) is common in pediatric patients undergoing surgery for lateral ankle instability. Bony impingement (0%) and chondral injury (11%) are uncommon. This is in contrast to the adult population where bony impingement and chondral injury are more common. Level of Evidence: Level IV Case Series.