bluuebunny/crossref_metadata_2025 huggingface dataset:
Do semantic modal maps have a role in a constructionalization approach to modals?
Authors: Traugott Elizabeth Closs
Published: September 2016

My aim in this paper is to show that, in modified form, semantic connectivity maps of the kind developed in van der Auwera & Plungian (1998) and van der Auwera (2013) can be useful for showing the development over time of relationships among polysemous constructions. Since these maps pertain primarily to meaning and are intended as contributions to cross-linguistic generalizations rather than to language-specific grammars, their purpose might seem orthogonal to construction grammar, in which form–meaning pairs are the basic units of grammar. I propose that the semantic maps can usefully be rethought as being of two kinds: schema-construction maps that represent relationships between abstract, conceptual schemas linked to underspecified form, and micro-construction maps that represent relationships between specific constructions. These two kinds of maps capture both form and meaning since they represent form–meaning pairings, but at different levels of abstraction. They can also capture direction of changes, as tendencies at the schema level and specific trajectories at the micro-level. My case study is the development of the marginal modals better, rather, sooner (see Denison & Cort 2010, van der Auwera & De Wit 2010). I show that better is significantly different in distribution and meaning from rather and sooner, and that, although they form a family of micro-constructions, they do not form a tight-knit group. This can be captured well by modified semantic maps.
Nominal grounding and English quantifiers
Authors: Langacker Ronald W.
Published: September 2016

The Cognitive Grammar analysis of English nominal quantifiers is re-examined in light of recent theoretical developments: the characterization of grammar as the implementation of semantic functions; and the recognition of strata — baseline and levels of elaboration — as a dimension of structural and systemic organization. For relative quantifiers, which pertain to degree of universality, the grounding function is primary. While absolute quantifiers are primarily adjectival, they assume the function of nominal grounding when initial. This elaboration via functional reorganization eliminates the need for a zero grounding element. Functional reorganization is a key factor in the grammaticization of absolute quantifiers from complex quantifying expressions.
Humor, the body, and cognitive linguistics
Authors: Samermit Patrawat , Gibbs Raymond W.
Published: September 2016

This article argues that the relationship between humor and the body is far more complex, and less linear, than typically presumed in theories of humor. First, cognitive linguistic studies suggest that our folk concepts of humor are fundamentally embodied, as well as mostly metaphorical. Second, psychological research demonstrates that people produce and understand stimuli as being humorous via embodied simulation processes in which they imaginatively project themselves into language or some real world event. Finally, the pervasive influence that bodily thoughts and actions have on humorous experiences greatly complicates attempts to empirically study how humor works and to theoretically describe the behavioral antecedents and consequences of humor in everyday life. Proper recognition of the tight link between humor and the body opens up many empirical and theoretical possibilities for future studies in cognitive linguistics and cognitive science.
Co-occurrence of early forms of vocal and motor actions in infants
Authors: Mathew Mili , Manjula R.
Published: September 2016

The present study examined the co-occurrence of vocal and motor actions, in order to understand the nature of this link in typically developing infants using an event-based approach. Participants included nine infants who were longitudinally studied for 10 months, between 3 and 12 months of age. The infants were observed for four types of vocal behaviours (vegetative, vocalic, syllabic and verbal) and seven types of motor actions (hand, face, leg, head, torso, whole body and gaze) across three developmental time frames (3–5 months, 6–8 months & 9–12 months), and a measure of rate of co-occurrence was calculated. Results indicated that co-occurrence of vocal and motor actions was present from the young age of 3 months, with a possible change in the relationship as they grew older.
Mandarin existential construction as a reference-point construction
Authors: Zhang Keding
Published: September 2016

All languages of the world provide their speakers with linguistic means to express existential relations, but such means may vary from language to language. For instance, the existential construction in English is usually introduced by the so-called dummy word there whereas such a construction in Mandarin Chinese directly begins with a locative phrase. From the perspective of Cognitive Grammar, we propose that the Mandarin existential construction (MEC) is a reference-point construction. As such, the initial locative phrase (PLOC) serves as the dominion and the reference point (D/R) to make mental contact with the final nominal phrase which indicates the existence of an entity (Existent) in the spatial region singled out by the PLOC. In the process of the conceptualizer’s construing an entity’s existence in a spatial location, it is the location that gets activated and profiled as salient first, and this location subsequently recedes into the background to serve as the reference point to locate an entity as the target which is finally profiled as salient. Therefore, a reference-point relation is formed between the PLOC and the Existent, the former of which functions as the reference point and the latter as the target. Due to this particular cognitive property of MEC, it is also a presentational construction at the discourse level in that it performs a discursive function of introducing new participants into a discourse. This discursive function of MEC plays a vital role in enabling a discourse to unfold smoothly, thus making the discourse into a cohesive and coherent semantic whole. In addition, when a couple of MECs occur together in a discourse successively, a kind of reference-point chain may be developed.
Exploring and reshaping learners’ beliefs about the usefulness of corrective feedback
Authors: Leontjev Dmitri
Published: September 2016

A number of studies have shown that learners’ beliefs about the usefulness of corrective feedback for improving their L2 (a second or a foreign language) use influences the extent to which learners can utilize that same feedback. It seems, then, that changing some of these beliefs could benefit the L2 learning process. The present article reports on two small-scale studies, both drawing on a sociocultural perspective on the development of beliefs. Changes in learners’ beliefs about corrective feedback were observed both within a period of six months (Case study) and over the course of one research interview (Group study). The studies exemplify how the interplay of one’s own and other’s experience, others’ mediation, and authoritative voices facilitated these changes.
Óláfr Þórðarson and the ‘Norse alphabet’
Authors: Raschella Fabrizio D.
Published: September 2016

The present study deals with those sections of the so-called Third Grammatical Treatise, written by the Icelandic scholar and poet Óláfr Þórðarson around the middle of the 13th century, in which the author describes a variety of the Scandinavian runic alphabet and compares it with the Latin alphabet. The investigation is part of a long-standing and comprehensive study on Old Icelandic grammatical literature, to which I have devoted the greater part of my scholarly work. The paper aims to define the type of runic alphabet used by Óláfr in the context of medieval Scandinavian runic writing. A proposal for interpretation of an obscure runic pangram, included by Óláfr in his discussion of runes, is also provided.
Vernacular and classical strands in Icelandic poetics and grammar in the Middle Ages
Authors: Árnason Kristján
Published: September 2016

Medieval Icelandic grammar and poetics based their analysis, to a great extent, on traditional Nordic scholarship. In poetics,Snorra Eddawas central, but insights from Classical learning were used to supplement it in theThirdand theFourth Grammatical Treatises. A comparison between Snorri’s description of metrical form inHáttataland Latin metrics reveals fundamental differences. In the Nordic system, the emphasis is on alliteration and rhyme, but in the Latin one rhythm is central. Furthermore, there are significant differences in the kind of phonological terminology and analysis presented in the grammatical treatises respectively, theFirstproviding the sharpest insights, but theSecondperhaps being the most original, seeking inspiration from music. TheThird Treatiseshows input from runic learning as well as Latin doctrine in its grammatical part, and a healthy mixture of native and Classical learning in its poetics.
The JOURNEY metaphor and moral political cognition
Authors: Abdel-Raheem Ahmed
Published: September 2016

Although researchers have paid much attention to the journey metaphor (e.g., Forceville, 2006a, 2011a, 2011b; Forceville & Jeulink, 2011), little seems known about its role for moral political cognition. Using data from the US and UK public discourses on the Euro crisis as an example, this paper draws on Lakoff’s (1996) Moral Politics Theory, demonstrating that the journey metaphor can play a crucial role for political cognition, and especially for moral political judgment.
Potential and challenges of conservation agriculture in sequestration of atmospheric CO
2
for enhancing climate-resilience and improving productivity of soil of small landholder farms.
Authors: Rattan Lal Rattan Lal
Published: September 2016

The projected climate change, caused by emissions from fossil fuel combustion and land use change, may adversely impact the agronomic yields and aggravate food insecurity of small landholder farms. About 500 million small landholder farms have depleted and degraded soils, while having low soil organic carbon (SOC) pools, low plant nutrient reserves, low plant-available water capacity and low agronomic yield, yet high vulnerability to changing and uncertain climate. Projected climate change may reduce rice yield by 10% for every 1°C increase in temperature, and total maize production may decline by 10% by 2050. Agronomic yield of wheat in South Asia may be adversely affected by increase in temperature during spring. Yield of other cereals (sorghum, millet) and root crops (cassava, yam) may be adversely affected by aggravation of other biotic stresses (smut, fungi, viruses, etc.). Thus, climate-resilience may be a key component of sustainable intensification of small landholder agriculture. It is in this context that conservation agriculture (CA) can be an important option. With fine-tuning for adaptation to site-specific conditions, CA has numerous benefits including erosion control, water conservation, SOC sequestration and increase in profitability and farm income. Further, CA can be implemented in synergism with other practices such as forestry and forest plantations (during early stages of tree establishment), and integrated crop-livestock (ley farming). In several farm operations, CA builds upon the traditional systems and indigenous technology. Widespread adoption of CA could sequester 1 Pg C/year globally, which could create another income stream for small landholders. Further, CA fits in with the '4 per Thousand' programme proposed at the COP-21 in Paris.
Effects of Passive Integrated Transponder Tags on the Physiology and Swimming Performance of a Small‐Bodied Stream Fish
Authors: Clark Scott R.
Published: September 2016

Within the past few decades, telemetry has proven to be a valuable tool for tracking and monitoring fish. Although the advent of smaller transmitters has made these methods increasingly applicable to small‐bodied fishes, limited information currently exists regarding the efficacy of these transmitters or their putative effects on small‐bodied fishes. I evaluated the physiological and performance consequences of PIT tag implantation in a small‐bodied, sexually dimorphic stream fish, the Blackspotted Topminnow Fundulus olivaceus. First, I used a common‐garden experiment in an outdoor mesocosm setting to assess the long‐term effects (184 d) of PIT tag implantation on a suite of physiological and phenotypic metrics. I randomly assigned 216 individuals (50–73 mm SL; equal sex ratio) to one of three tagging treatments: control (no PIT tag), small (8 mm) PIT tag, or large (12 mm) PIT tag. Survivorship did not vary among treatment groups, and the presence of the tags had no apparent effects on the condition or development of the intraperitoneal organs relative to that observed in control fish. Fish that received large PIT tags showed reduced growth rates relative to fish that received small PIT tags; however, this appeared to result in a trade‐off that prioritized reproductive output. Second, I evaluated fish swimming performance (kinematics and endurance) to assess potential hydrodynamic consequences of PIT tag implantation. Kinematics (tail‐beat frequency, amplitude, and total displacement) and endurance swimming were similar across all treatments and between sexes, with only slight idiosyncratic effects observed. These results indicate that 8‐mm and 12‐mm PIT tags are appropriate for use in adult Blackspotted Topminnow as no detrimental long‐term effects were observed.

Received February 26, 2016; accepted July 12, 2016 Published online September 26, 2016
Protoplast mutant selection of Glarea Lozoyensis and statistical optimization of medium for pneumocandin B0 yield-up
Authors: Qin Tingting , Song Ping , Wang Xiaoting , Ji Xiaojun , Ren Lujing , Huang He
Published: September 2016

A combination of microbial strain improvement and statistical optimization is investigated to maximize pneumocandin B0 production from Glarea lozoyensis ATCC 74030. Atmospheric and room temperature plasma (ARTP) was used to enhance G. lozoyensis ATCC 74030 in pneumocandin B0 yield. Mutant strain G. lozoyensis Q1 exhibited 1.39-fold increase in pneumocandin B0 production to 1134 mg/L when compared with the parent strain (810 mg/L). Further, the optimized medium provided another 1.65-fold in final pneumocandin B0 concentration to 1873 mg/L compared to the original medium. The results of this study indicated the combined application of a classical mutation and medium optimization can improve effectively pneumocandin B0 production from G. lozoyensis and could be a tool to improve other secondary metabolites production by fungal strains.
Protein C receptor (PROCR) is a negative regulator of Th17 pathogenicity
Authors: Kishi Yasuhiro , Kondo Takaaki , Xiao Sheng , Yosef Nir , Gaublomme Jellert , Wu Chuan , Wang Chao , Chihara Norio , Regev Aviv , Joller Nicole , Kuchroo Vijay K.
Published: September 2016

Th17 cells are key players in defense against pathogens and maintaining tissue homeostasis, but also act as critical drivers of autoimmune diseases. Based on single-cell RNA-seq profiling of pathogenic versus nonpathogenic Th17 cells, we identified protein C receptor (PROCR) as a cell surface molecule expressed in covariance with the regulatory module of Th17 cells. Although PROCR expression in T cells was controlled by the cooperative action of the Th17 lineage-specific transcription factors RORγt, IRF4, and STAT3, PROCR negatively regulated Th17 differentiation. CD4+ T cells from PROCR low expressor mutant mice readily differentiated into Th17 cells, whereas addition of the PROCR ligand, activated protein C, inhibited Th17 differentiation in vitro. In addition, PROCR acted as a negative regulator of Th17 pathogenicity in that it down-regulated expression of several pathogenic signature genes, including IL-1 and IL-23 receptors. Furthermore, T cell–specific deficiency of PROCR resulted in the exacerbation of experimental autoimmune encephalomyelitis (EAE) and higher frequencies of Th17 cell in vivo, indicating that PROCR also inhibits pathogenicity of Th17 cells in vivo. PROCR thus does not globally inhibit Th17 responses but could be targeted to selectively inhibit proinflammatory Th17 cells.
The aryl hydrocarbon receptor is required for the maintenance of liver-resident natural killer cells
Authors: Zhang Luhua H. , Shin June Ho , Haggadone Mikel D. , Sunwoo John B.
Published: September 2016

A tissue-resident population of natural killer cells (NK cells) in the liver has recently been described to have the unique capacity to confer immunological memory in the form of hapten-specific contact hypersensitivity independent of T and B cells. Factors regulating the development and maintenance of these liver-resident NK cells are poorly understood. The aryl hydrocarbon receptor (AhR) is a transcription factor modulated by exogenous and endogenous ligands that is important in the homeostasis of immune cells at barrier sites, such as the skin and gut. In this study, we show that liver-resident NK (NK1.1+CD3−) cells, defined as CD49a+TRAIL+CXCR6+DX5− cells in the mouse liver, constitutively express AhR. In AhR−/− mice, there is a significant reduction in the proportion and absolute number of these cells, which results from a cell-intrinsic dependence on AhR. This deficiency in liver-resident NK cells appears to be the result of higher turnover and increased susceptibility to cytokine-induced cell death. Finally, we show that this deficiency has functional implications in vivo. Upon hapten exposure, AhR−/− mice are not able to mount an NK cell memory response to hapten rechallenge. Together, these data demonstrate the requirement of AhR for the maintenance of CD49a+TRAIL+CXCR6+DX5− liver-resident NK cells and their hapten memory function.
IL-6 promotes the differentiation of a subset of naive CD8+ T cells into IL-21–producing B helper CD8+ T cells
Authors: Yang Rui , Masters April R. , Fortner Karen A. , Champagne Devin P. , Yanguas-Casás Natalia , Silberger Daniel J. , Weaver Casey T. , Haynes Laura , Rincon Mercedes
Published: September 2016

IL-6 is known to contribute to the differentiation of CD4+ T cells into different subsets of effector T helper cells. Less is known about the potential of IL-6 in regulating CD8+ T cell effector function. Here, we identify IL-6 as a master regulator of IL-21 in effector CD8+ T cells. IL-6 promotes the differentiation of a subset of naive CD8+ T cells that express IL-6R into a unique population of effector CD8+ T cells characterized by the production of high levels of IL-21 and low levels of IFN-γ. Similar to CD4+ T follicular helper (Tfh) cells, IL-21–producing CD8+ T cells generated in the presence of IL-6 directly provide help to B cells to induce isotype switching. CD8+ T cell–derived IL-21 contributes to the production of protective virus-specific IgG antibodies during influenza virus infection. Thus, this study reveals the presence of a new mechanism by which IL-6 regulates antibody production during viral infection, and a novel function of effector CD8+ T cells in the protection against viruses.
Soluble adenylyl cyclase is essential for proper lysosomal acidification
Authors: Rahman Nawreen , Ramos-Espiritu Lavoisier , Milner Teresa A. , Buck Jochen , Levin Lonny R.
Published: September 2016

Lysosomes, the degradative organelles of the endocytic and autophagic pathways, function at an acidic pH. Lysosomes are acidified by the proton-pumping vacuolar ATPase (V-ATPase), but the molecular processes that set the organelle’s pH are not completely understood. In particular, pH-sensitive signaling enzymes that can regulate lysosomal acidification in steady-state physiological conditions have yet to be identified. Soluble adenylyl cyclase (sAC) is a widely expressed source of cAMP that serves as a physiological pH sensor in cells. For example, in proton-secreting epithelial cells, sAC is responsible for pH-dependent translocation of V-ATPase to the luminal surface. Here we show genetically and pharmacologically that sAC is also essential for lysosomal acidification. In the absence of sAC, V-ATPase does not properly localize to lysosomes, lysosomes fail to fully acidify, lysosomal degradative capacity is diminished, and autophagolysosomes accumulate.
LongISLND: in silico sequencing of lengthy and noisy datatypes
Authors: Lau Bayo , Mohiyuddin Marghoob , Mu John C. , Fang Li Tai , Bani Asadi Narges , Dallett Carolina , Lam Hugo Y. K.
Published: September 2016

Summary: LongISLND is a software package designed to simulate sequencing data according to the characteristics of third generation, single-molecule sequencing technologies. The general software architecture is easily extendable, as demonstrated by the emulation of Pacific Biosciences (PacBio) multi-pass sequencing with P5 and P6 chemistries, producing data in FASTQ, H5, and the latest PacBio BAM format. We demonstrate its utility by downstream processing with consensus building and variant calling.

Availability and Implementation: LongISLND is implemented in Java and available at http://bioinform.github.io/longislnd

Contact:  hugo.lam@roche.com

Supplementary information:  Supplementary data are available at Bioinformatics online.
Site of metabolism prediction for oxidation reactions mediated by oxidoreductases based on chemical bond
Authors: He Shuaibing , Li Manman , Ye Xiaotong , Wang Hongyu , Yu Wenkang , He Wenjing , Wang Yun , Qiao Yanjiang
Published: September 2016

Motivation

The metabolites of exogenous and endogenous compounds play a pivotal role in the domain of metabolism research. However, they are still unclear for most chemicals in our environment. The in silico methods for predicting the site of metabolism (SOM) are considered to be efficient and low-cost in SOM discovery. However, many in silico methods are focused on metabolism processes catalyzed by several specified Cytochromes P450s, and only apply to substrates with special skeleton. A SOM prediction model always deserves more attention, which demands no special requirements to structures of substrates and applies to more metabolic enzymes.

Results

By incorporating the use of hybrid feature selection techniques (CHI, IG, GR, Relief) and multiple classification procedures (KStar, BN, IBK, J48, RF, SVM, AdaBoostM1, Bagging), SOM prediction models for six oxidation reactions mediated by oxidoreductases were established by the integration of enzyme data and chemical bond information. The advantage of the method is the introduction of unlabeled SOM. We defined the SOM which not reported in the literature as unlabeled SOM, where negative SOM was filtered. Consequently, for each type of reaction, a series of SOM prediction models were built based on information about metabolism of 1237 heterogeneous chemicals. Then optimal models were attained through comparisons among these models. Finally, independent test set was used to validate optimal models. It demonstrated that all models gave accuracies above 0.90. For receiver operating characteristic analysis, the area under curve values of all these models over 0.906. The results suggested that these models showed good predicting power.

Availability and implementation

All the models will be available when contact with wangyun@bucm.edu.cn

Supplementary information

Supplementary data are available at Bioinformatics online.
Postoperative excessive gain in visceral adipose tissue as well as body mass index are associated with adverse outcomes of an ileal pouch
Authors: Liu Ganglei , Wu Xianrui , Li Yi , Rui Yuanyi , Stocchi Luca , Remzi Feza H. , Shen Bo
Published: September 2016

Background: There are no published studies on the impact of visceral adipose tissue (VAT) change on outcomes of restorative proctocolectomy and ileal pouch-anal anastomosis (IPAA). The aim of this historic cohort study was to evaluate the impact of excessive VAT gain on the outcomes of inflammatory bowel disease (IBD) patients with IPAA.

Methods: We evaluated all eligible patients with at least two sequential CT scans after pouch construction from our prospectively maintained Pouchitis Registry between 2002 and 2014. The visceral fat area (VFA) was measured on CT images. The study group comprised patients with a significant VAT gain (> 15%), and the control group was those without. The adverse outcomes of the pouch were defined as the new development of chronic pouch inflammation (chronic pouchitis, chronic cuffitis or Crohn’s disease of the pouch), anastomotic sinus and the combination of above (the composite adverse outcome) or pouch failure, after the inception CT.

Results: Of 1564 patients in the Registry, 59 (3.8%) with at least 2 CT scans after pouch surgery were included. Twenty-nine patients (49.2%) were in the study group, and 30 (50.8%) were in the control group. The median duration from the inception to the latest CT was 552 (range: 31–2598) days for the entire cohort. We compared the frequency of new chronic pouch inflammation (13.8% vs 3.3%, P = 0.195), new pouch sinus (10.3% vs 0%, P = 0.112), composite adverse pouch outcome (24.1% vs 3.3%, P = 0.026) or pouch failure (10.3% vs 6.7%, P = 0.671) between the two groups. Kaplan-Meier plot for time-to-pouch failure between the pouch patients with or without excessive body mass index (BMI) gain (> 10%) showed statistical difference (P = 0.011). Limited stepwise multivariate analysis showed that excessive VAT gain (odds ratio = 12.608, 95% confidence interval: 1.190–133.538, P = 0.035) was an independent risk factor for the adverse pouch comes.

Conclusions: In this cohort of ileal pouch patients, excessive VAT gain as well as gain in BMI after pouch construction was found to be associated with poor long-term outcomes.
A Practical Approach to Conveyancing
Authors: Abbey Robert , Richards Mark
Published: September 2016

A Practical Approach to Conveyancingtakes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This eighteenth edition has been fully updated with recent developments in the area, including changes to the CQS accreditation scheme, stamp duty land tax, the Infrastructure Bill 2015, and the establishment of a single Local Land Charges service. It also includes additional practical examples of land registry forms.
8. Pre-completion procedures and completion
Authors: Abbey Professor Robert M. , Richards Mark B.
Published: September 2016

This chapter begins with a discussion of pre-completion procedures, covering pre-completion when acting for the seller; pre-completion when acting for the buyer; pre-completion searches; and completion statements. It then focuses on completion, covering date, time, and place for completion; when the client is both selling and buying; and the mechanics of completion.
10. Leaseholds and commonhold
Authors: Abbey Professor Robert M. , Richards Mark B.
Published: September 2016

This chapter begins by considering leases, dealing with leases when acting for a lessee or lender, liability on covenants in leases, and lease variations. It then discusses new leases, existing leases, statutes and leases, and the Commonhold and Leasehold Reform Act 2002.
11. New properties
Authors: Abbey Professor Robert M. , Richards Mark B.
Published: September 2016

This chapter deals with the special areas of concern for practitioners who are required to deal with the sale or purchase of new residential properties, either recently constructed or in the course of construction. It looks at the roles of the practitioners acting for the developer and prospective buyer respectively. It also considers the arrangements for roads and sewers on a new estate and the importance of insurance against structural defects in new properties.
A Practical Approach to Civil Procedure
Authors: Sime Stuart
Published: September 2016

A Practical Approach to Civil Procedureguides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 4) Rules 2014 and the 71st Update. Changes incorporated into the new edition include the replacement of county courts based on districts with a single County Court; the modernization of the rules relating to enforcing judgments against goods; fixed costs in most fast track personal injury claims; changes to the rules on costs budgeting; and the post-Jackson approach to non-compliance with court orders and directions encapsulated in the landmark case ofMitchell v News Group Newspapers.
1. Introduction
Authors: Sime Stuart
Published: September 2016

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.
2. Funding Litigation
Authors: Sime Stuart
Published: September 2016

This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements are increasingly common. They allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.
5. Pre-action protocols
Authors: Sime Stuart
Published: September 2016

This chapter discusses the pre-action protocols, which provide guidance on the exchange of information and evidence before proceedings are commenced. It covers the 13 pre-action protocols established by the Ministry of Justice; cases not covered by pre-action protocols; professional negligence pre-action protocol; personal injury protocol; different approaches to the appointment of experts; sanctions for non-compliance with protocols; the Road Traffic Act 1988; agreements with the Motor Insurers’ Bureau; and pre-action Part 36 offers.
6. Issuing and serving
Authors: Sime Stuart
Published: September 2016

Civil proceedings commence with the issuance of a claim form. Issuing a claim involves the court sealing the claim form with its official seal. This chapter discusses issuing and serving proceedings. It covers the claim form; jurisdictional endorsements; particulars of claim; specialist claims; issuing a claim form; service of the claim form; deemed date of service of the claim form; service of documents other than a claim form; deemed date of service (non-claim form documents); certificate of service; irregular service; and filing of documents at court.
8. Part 8 claims and petitions
Authors: Sime Stuart
Published: September 2016

This chapter discusses Part 8 claims and petitions, which are forms of originating process. Most types of proceedings which have to be brought by either Part 8 claim form or petition are very narrow and specialized, but some are of great importance. The most important types of proceedings which must be commenced by petition are those for divorce, judicial separation, bankruptcy, and the winding-up of companies.
11. Service outside the jurisdiction
Authors: Sime Stuart
Published: September 2016

This chapter deals with jurisdiction in England and Wales. Proceedings generally have to be served within the jurisdiction. There always has to be a sound basis before proceedings can be served outside the jurisdiction. Where the defendant is domiciled in the EU, the general rule is that they must be sued in the country where they are domiciled. If jurisdiction can be established against an EU defendant: (a) the claimant can choose whether to sue in England or in the defendant’s country of domicile; and (b) English proceedings may be served without permission. If jurisdiction can be established against a defendant who is outside the EU under the CPR, r 6.36 and PD 6B, para 3.1, proceedings can be served outside the jurisdiction only with the permission of the court. The times for responding to claims served outside the jurisdiction are extended.
12. Responding to a claim
Authors: Sime Stuart
Published: September 2016

This chapter discusses the procedure for defendants responding to the claim. A defendant who intends to contest proceedings must respond to the claim by filing an acknowledgment of service and/or by filing a defence. Defended claims become subject to the court’s case management system, with the court making provisional track allocation decisions, followed by the parties filing directions questionnaires. If a defendant fails to make any response to a claim a default judgment is usually entered within a relatively short period after service.
14. Statements of case
Authors: Sime Stuart
Published: September 2016

Statements of case are formal documents used in litigation to define what each party says about the case. This chapter discusses form of statements of case; particulars of claim defence; counterclaims and set-offs; reply and defence to counterclaim; subsequent statements of case; dispensing with statements of case; Scott schedules; interrelation with case management; and use of statements of case at trial.
17. Costs capping and protection
Authors: Sime Stuart
Published: September 2016

Costs capping orders limit the amount of costs a party may be ordered to pay to its opponent. This chapter will consider the general rules governing costs capping in CPR, Part 3. When it comes into force, there will be a parallel statutory costs capping scheme for judicial review claims in the Criminal Justice and Courts Act 2015, ss 88 and 89. In addition, there are a number of judgemade costs protection orders, namely:Beddoeorders; protective costs orders; Aarhus Convention cases; and costs limitation orders.
18. Requests for further information
Authors: Sime Stuart
Published: September 2016

A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.
19. Parties and joinder
Authors: Sime Stuart
Published: September 2016

This chapter first looks at the rules relating to different classes of party and then considers the rules governing multi-party litigation. Topics discussed include description of parties; particular classes of party; vexatious litigants; joinder; representative proceedings; representation of unascertained persons; intervention; consolidation; stakeholder claims; assignment; and group litigation.
20. Additional Claims under Part 20
Authors: Sime Stuart
Published: September 2016

This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a separate claim within the original claim.
21. Limitation
Authors: Sime Stuart
Published: September 2016

This chapter discusses the rules on limitation. The expiry of a limitation period provides a defendant with a complete defence to a claim. Limitation is a procedural defence. It will not be taken by the court of its own motion, but must be specifically set out in the defence. Limitation runs from accrual, which is when all the necessary elements for the cause of action are in existence. Technically, time runs from the day after the accident or breach, and stops running when the claim is brought. This is when the claimant has done everything they can to issue the claim form. Time does not run if the claimant is under disability, and in cases of fraud, mistake, and concealment. In personal injury and latent damage claims time will not start running until the claimant has the requisite ‘knowledge’.
24. Summary judgment
Authors: Sime Stuart
Published: September 2016

Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.
28. Fast track
Authors: Sime Stuart
Published: September 2016

The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000 to £25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter provides directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.
32. Witness statements, affidavits, and Depositions
Authors: Sime Stuart
Published: September 2016

This chapter discusses the rules relating to the use of written evidence in civil proceedings. Under the Civil Procedure Rules 1998 (CPR), evidence given in civil trials is given primarily from the witness box, but with witness statements exchanged well before trial standing as the evidence-in-chief of the witnesses. The parties are required to exchange their witnesses’ statements in order to save time and costs at trial, and to enable the parties to evaluate the merits of their dispute with a view to settlement. Written evidence in support of interim applications can be given by a variety of different methods, but the principal means is by way of signed witness statements.
35. Experts
Authors: Sime Stuart
Published: September 2016

This chapter discusses the principles governing the use of expert evidence in civil claims. It covers the admissibility of expert evidence; control of evidence; choice of expert; privileged nature of experts’ reports; disclosure of experts’ reports; written questions to experts; examinations by experts; experts’ immunity from suit; and use of experts’ reports after trial.
37. Sanctions
Authors: Sime Stuart
Published: September 2016

A court can impose sanctions to ensure that its case management directions and orders are complied with, and to retain control over the conduct of litigation. These range from adverse interim costs orders through to striking out the whole or part of the defaulting party’s statement of case. This chapter discusses sanctions for non-compliance with pre-action protocols, with the Civil Procedure Rules 1998 (CPR), and with directions; application for sanctions; non-compliance with an unless order; striking out; less serious immediate sanctions; extending time and correcting errors; and relief from sanctions and setting aside.
38. Listing and pre-trial reviews
Authors: Sime Stuart
Published: September 2016

Claims that are not compromised and which do not end through striking out or summary or default judgment, have to be determined by the court at trial. Listing is the process whereby the court gives a date for the trial. This chapter discusses listing for trial; pre-trial reviews; listing in the Royal Courts of Justice; and adjournments.
44. Search orders
Authors: Sime Stuart
Published: September 2016

This chapter discusses the rules for search orders. A search order is a bundle of interim orders which require the respondent to admit another party to premises for the purpose of preserving evidence which might otherwise be destroyed or concealed by the respondent. Search orders are principally, but not exclusively, used in intellectual property claims against defendants who are likely to destroy incriminating evidence rather than disclose it voluntarily under standard disclosure.
45. and related disclosure orders
Authors: Sime Stuart
Published: September 2016

This chapter considers a number of other special forms of disclosure orders, the best known of which is theNorwich Pharmacalorder.Norwich Pharmacalorders are primarily used for finding the identity of an unknown potential defendant. They can only be sought against a person who facilitated and got ‘mixed up’ in the wrongdoing.Norwich Pharmacalorders therefore cannot be made against ‘mere witnesses’. Pre-action disclosure orders bring forward the time when disclosure of documents takes place to the period before a claim is issued. Disclosure against non-parties enables the court to order a witness to produce documents in advance of the trial, thus avoiding adjournments when documents are produced at the last minute at trial.
46. Costs
Authors: Sime Stuart
Published: September 2016

This chapter focuses on legal costs. It discusses the two main principles for deciding which party should pay the costs of an application or of the whole proceedings; the rule that costs follow the event; range of possible costs orders; interim costs orders; indemnity principle; basis of quantification; proportionality; summary and detailed assessments; fast track fixed costs; fixed and scale costs; costs and track allocation; publicly funded litigants; pro bono costs orders; costs against non-parties; and wasted costs orders.
48. Enforcement
Authors: Sime Stuart
Published: September 2016

Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.
49. Judicial review
Authors: Sime Stuart
Published: September 2016

This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
50. Appeals
Authors: Sime Stuart
Published: September 2016

This chapter considers the structure of non-family civil appeals. It covers routes of appeal; permission to appeal; time for appealing; procedure on appealing; respondent’s notice; applications within appeals stay; striking out appeal notices and setting aside or imposing conditions; hearing of appeals; appeal court’s powers; appeals by way of case stated; and appeals to the Supreme Court.
Company Law Concentrate
Authors: Roach Lee
Published: September 2016

EachConcentraterevision guide is packed with essential information, key cases, revision tips, exam Q&As, and more.Concentratesshow you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks.Company Law Concentratehelps readers to consolidate knowledge in this area of law. This fourth edition includes updated coverage of relevant reforms introduced by the Small Business, Enterprise and Employment Act 2015; updated coverage of gender diversity in the boardroom; and notable case law developments, such asEclairs Group Ltd v JKX Oil & Gas plc[2015], andJetivia SA v Bilta (UK) Ltd[2015]. Chapters examine business structures, promotion, incorporation, and the constitution of the company. The text also looks at directors, members, corporate governance, and capital maintenance issues. Finally it looks at members’ remedies and insolvency.
1. Business structures
Authors: Roach Lee
Published: September 2016

EachConcentraterevision guide is packed with essential information, key cases, revision tips, exam Q&As, and more.Concentratesshow you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the four principal business structures in the UK: sole proprietorship, ordinary partnership, limited liability partnership (LLP), and company. The LLP and the company are created via a process called incorporation and are therefore known as incorporated business structures or, as they are referred to in their respective statutes, as ‘bodies corporate’. The sole proprietorship and the ordinary partnership are not created via incorporation and so are known as unincorporated business structures.
5. Directors
Authors: Roach Lee
Published: September 2016

EachConcentraterevision guide is packed with essential information, key cases, revision tips, exam Q&As, and more.Concentratesshow you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on company directors. Every private company must have at least one director while every public company must have at least two. Directorsʼ duties are now found in the Companies Act 2006, which provides for seven general duties that directors owe to the company. A director’s term of office can terminate in several ways including resignation, retirement, or removal. The courts can also disqualify a person from acting as director.