bluuebunny/crossref_metadata_2025 huggingface dataset:
8. Family life
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter focuses on non-European Economic Area (EEA) nationals who wish to live permanently with family members who are settled in or are nationals of the UK. The first part of the chapter covers human rights, particularly Article 8 and its impact on family life. The second part of the chapter considers the immigration rules. The family members of those coming to work or study and of refugees are also briefly considered. It examines marriage-related applications, that is, applications to join a spouse, fiancé(e), civil, or long-term partner. It considers the rules relating to adult family members and children, the family life of those with limited leave, and refugees and asylum seekers.
11. The asylum process
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter describes the asylum process from application through to the cessation of refugee status. The first two sections deal with entering the UK to claim asylum, and with the asylum application and decision-making, while the third explores the different routes through which an asylum claim can be processed, including ‘safe’ country of origin provisions and non-suspensive appeals, and returns to third countries pursuant to the Dublin Regulation. The fourth section concerns penalties connected with seeking asylum. The final sections cover remedies for the victims of trafficking, and other procedures after appeal rights are exhausted, or asylum has been granted.
6. Parties to crime
Authors: Ormerod David , Laird Karl
Published: September 2021

A person who aids, abets, counsels or procures another to commit an offence is criminally liable and known as an ‘accessory’ or a ‘secondary party’. This chapter focuses on the basis of their liability, the distinction between accessories and principals, how secondary liability differs from inchoate liability, the principal offender, innocent agency, the accessory’s actus reus, whether an omission is sufficient and whether mere presence at the crime is enough. The chapter discusses the Supreme Court decision in Jogee, examining problems of ‘joint enterprise liability’, issues of terminology, the significance of the doctrine of joint enterprise in murder and why the Supreme Court characterized it as involving a ‘wrong turn’. It also deals with withdrawal by a secondary party before the principal offender commits the crime, victims as parties to crime and instigation by law enforcement officers for the purpose of entrapment.
7. Assistance after the offence
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter examines the statutory offences under the Criminal Law Act 1967 of assisting an offender. Examples include hiding a principal offender, helping a principal offender to avoid arrest or to abscond from bail, lying to the police to protect the principal offender from investigation and prosecution, hiding the weapon used by the principal offender in committing the assault/robbery and washing clothes worn by the principal offender to obstruct any potential forensic examination. In addition to the fact that the offender must have committed a relevant offence, another element in the actus reus where an offender is charged with impeding the apprehension or prosecution of the offender is that the accused must have done ‘any act’ with the appropriate intent. An attempt to commit this offence does not amount to criminal liability.
11. Inchoate crime
Authors: Ormerod David , Laird Karl
Published: September 2021

Inchoate offences include attempts, conspiracies and assisting and encouraging under the Serious Crime Act 2007. Creating inchoate offences is difficult because the conduct involved will tend to be far removed from the type of harm necessary to charge a person under the relevant substantive offence. The actus reus of inchoate offences can encompass a wide range of behaviour, such as ‘an agreement’ in conspiracy or mere words of encouragement in assisting and encouraging. Given the broad nature of the actus reus, inchoates must be kept within reasonable limits by requirements of serious mens rea. This chapter deals with inchoate offences and considers the limits on liability for attempts of conspiracy and other secondary liability. It also discusses jurisdictional issues, common law conspiracies, procedural issues relating to conspiracies, encouragement and assistance under the Serious Crime Act 2007 and the impossibility of committing an inchoate crime.
14. Involuntary manslaughter
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter explores involuntary manslaughter in its three forms: unlawful act manslaughter, gross negligence manslaughter and reckless manslaughter. Given the breadth of cases that involuntary manslaughter must cover, it is not surprising that more than one form of the offence has evolved, and that the elements of each form of involuntary manslaughter are distinct, particularly as to the fault required. The chapter examines recent developments, in particular those relating to gross negligence manslaughter and whether the offence is contrary to Art 7 of the European Convention on Human Rights. It concludes with a detailed assessment of the Corporate Manslaughter and Corporate Homicide Act 2007.
16. Non-fatal offences against the person
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter focuses on non-fatal offences against the person, including assault and battery, wounding and inflicting grievous bodily harm, poisoning offences, kidnapping, harassment and possession and use of offensive weapons. The chapter also discusses defences to assault and battery including consent and lawful chastisement, in addition to the Law Commission’s Report on reforming offences against the person. The discussion includes a detailed analysis of the relevant statutory offences including the Offences Against the Person Act 1861 and the Protection from Harassment Act 1997. It also considers coercive control as well as racially or religiously aggravated versions of the relevant offences.
17. Sexual offences
Authors: Ormerod David , Laird Karl
Published: September 2021

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below 13 years of age, sexual offences against children aged 13 to 16, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography and taking indecent photographs of children.
21. Making off without payment
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter considers the offence of making off without payment. Under s 3 of the Theft Act 1978, a person is guilty of an offence if he dishonestly makes off without making payment as required or expected and with the intent of avoiding payment of the amount due. The offence aims to deal in a simple and straightforward way with a person who having consumed a meal in a restaurant, filled the tank of a car with petrol or reached their destination in a taxi, leaves without paying. Although factually simple, difficulties arise in prosecuting such cases as theft. The chapter covers various elements including goods supplied or service done, unenforceable debts and dishonesty.
26. Handling and related offences
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter deals with handling of stolen goods and related offences. Under s 22 of the Theft Act 1968, a person who dishonestly receives goods, or dishonestly undertakes or assists in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so knowing or believing that they are stolen goods, is guilty of the offence of handling stolen goods. English law treats this offence as an independent crime rather than one of being an ‘accessory after the fact’ to theft. The chapter considers the actus reus and mens rea of handling stolen goods, when goods cease to be stolen, handling by omission, the ‘doctrine’ of recent possession, dishonest retention of a wrongful credit, advertising for the return of stolen goods and money laundering.
27. Offences of damage to property
Authors: Ormerod David , Laird Karl
Published: September 2021

The principal offences of damage to property are governed by the Criminal Damage Act 1971. Under s 1(1), a person commits an offence if he, without lawful excuse, destroys or damages any property belonging to another with the intention to destroy or damage such property or being reckless as to whether the property will be destroyed or damaged. This chapter deals with offences of damage to property and their mens rea, along with destroying or damaging property with intent to endanger life, arson, racially or religiously aggravated criminal damage, threats to destroy or damage property, possession offences, kindred offences and mode of trial and sentence for those guilty of offences of damage to property.
3. The Nature of the British Constitution
Authors: Webley Lisa , Samuels Harriet
Published: September 2021

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter outlines the characteristics of the UK constitution, which is not a traditional written constitution and, thus, is defined as an ‘unwritten’ constitution. It is not hierarchically superior to all other law in the country, which means that Acts of Parliament cannot be compared with it by judges and be declared as unconstitutional and invalid. Neither can the UK constitution be enforced against the legislature as a result, nor is it entrenched and protected, because it can always be changed by Act of Parliament. However, it can be legally enforced by the mechanism of judicial review against the executive, meaning that the executive may legally act only within its legal power. The chapter also considers the sources that make up the UK constitution and proposed constitutional reforms.
7. Parliamentary Supremacy
Authors: Webley Lisa , Samuels Harriet
Published: September 2021

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Parliamentary supremacy means that the Westminster Parliament is legally entitled to pass, amend, or repeal any law it wishes. Consequently, if the House of Commons and the House of Lords pass the legislation and the monarch gives her royal assent, then no court or other body has the legal power to declare the legislation invalid. This explains why the term ‘parliamentary supremacy’ has been coined: (the Queen in) Parliament holds the supreme law-making power in the UK. This chapter sketches the history leading to parliamentary supremacy. It discusses the theories behind the doctrine of parliamentary supremacy; restrictions on the power of Parliament; how parliamentary supremacy compares with constitutional supremacy; and how parliamentary supremacy fits with the separation of powers and the rule of law.
19. Unconscionable bargains and inequality of bargaining power
Authors: Davies Paul S.
Published: September 2021

This chapter considers the law on unconscionability and inequality of bargaining power. English law has traditionally been cautious about wholeheartedly adopting such sweeping principles as ‘unconscionability’, preferring instead to avoid unfair outcomes through particular doctrines (for example, misrepresentation, duress, and undue influence). Some contracts may be set aside if they are considered to be an ‘unconscionable bargain’, i.e. if the claimant is ‘poor and ignorant’, the terms of the contract are substantially disadvantageous to the claimant, and the claimant had no independent advice. There is no general principle in English law that a contract can be set aside due to inequality of bargaining power.
20. Good faith
Authors: Davies Paul S.
Published: September 2021

This chapter considers the principle of good faith. English law has traditionally been cautious about wholeheartedly adopting an overriding principle of good faith preferring instead to avoid unfair outcomes through particular doctrines (for example, misrepresentation, duress, and undue influence). However, the law in this area is developing. It appears that agreements to negotiate in good faith are not enforceable where no contract is yet in place, but, where the parties have already made an agreement, a term (whether express or implied) that the contract should be performed in good faith is enforceable. Similarly, there may be (implied) terms that discretionary powers be exercised in a manner that is not irrational or unreasonable.
21. Capacity
Authors: Davies Paul S.
Published: September 2021

This chapter discusses the issue of capacity. The general rule is that contracts are valid but unenforceable on minors (persons under 18 years of age). However, they are enforceable against adults, and a minor can ratify a contract upon attaining the age of majority so that the contract is enforceable against both parties. At common law, mental incapacity is not by itself a reason to set aside a contract. But if the other party knows, or ought to know, of the mental incapacity, then the contract can be set aside. The Mental Capacity Act 2005 makes it clear that a person who lacks capacity must still pay a reasonable price for necessary goods and services.
27. Compensatory damages
Authors: Davies Paul S.
Published: September 2021

This chapter focusses on compensatory damages for breach of contract. The innocent party will often seek to recover damages to compensate them for their ‘expectation loss’. Essentially, such loss corresponds to the profits the claimant hoped to make from the contract. Damages based upon ‘expectation loss’ protect the innocent party’s ‘expectation interest’ in having the contract performed. Damages are generally assessed at the date of breach. However, the court can take into account events that occur after the date of breach when assessing damages. Damages are not generally recoverable for disappointment or injured feelings resulting from the breach. But, if an object of a contract is to provide pleasure, or the distress is a result of physical inconvenience caused by the breach of contract, then damages for non-economic loss may be recoverable. Sometimes “negotiating damages” can be awarded to compensate the innocent party.
6. The House of Lords
Authors: Loveland Ian
Published: September 2021

This chapter examines whether the House of Lords plays an effective anti-majoritarian legislative role. The chapter begins by discussing the changing nature of the relationship between the Commons and the Lords in the post-revolutionary era, focusing in particular on the emergence in the early nineteenth century of a political presumption that the Lords was becoming the inferior partner within Parliament and on the passage of the Parliament Act 1911 in which legal force was given to that political presumption. The chapter also addresses the various proposals put forward in the modern era to reform both the composition and the powers of the House of Lords, and suggests that most reform plans present a paradox. The more we ask a second chamber to perform functions complementary to those of the Commons, the more we demand of its members that they be (as individuals and as a body) ‘expert’, ‘experienced’, and ‘nonpartisan’, and so the more we reveal the crushing dominance of party politics in the lower house, and the incapacity and/or unwillingness of backbench MPs to exert a restraining influence on government activities. This suggests that the key division within the legislative process is now not Lords versus Commons, nor Labour versus Conservative, but party versus national interest. The final part of the chapter explores a more obviously ‘legal’ question; namely the implications of the Parliament Act 1911 for traditional understandings of the doctrine of Parliamentary sovereignty.
17. Human Rights I: Traditional Perspectives
Authors: Loveland Ian
Published: September 2021

In contrast to the constitutional systems adopted by most western democratic nations, the United Kingdom’s form of governance has traditionally not accepted the principle that certain ‘human rights’ should enjoy a normative legal status that placed them beyond the reach of laws made through the ordinary legislative process. Such ‘civil liberties’ or ‘human rights’ as we possess exist in law at the sufferance of parliamentary majorities. Human rights protection has nonetheless been an important part of the courts’ constitutional role, both in terms of the interpretation of legislation and the development of the common law. The organising principle in respect of civil liberties in Britain is that individuals may engage in any activity not prohibited by statute or common law. In addition, neither other individuals nor government officials may interfere with an individual’s legal entitlements unless they can identify a statutory or common law justification for so doing. This chapter discusses the traditional approach taken by Parliament and the courts to several key areas of what we would now regard as human rights law; the regulation of public protest, the protection of personal privacy, and to certain aspects of freedom of expression
2. The statistics on crime and their meaning
Authors: Jones Stephen
Published: September 2021

This chapter discusses crime statistics, which, as with any other form of statistical information, are often referred to by the media as if they provide a true measurement of crime. It is now increasingly accepted that criminal statistics provide a deficient guide to both the level of crime and trends in criminal behaviour. There has been a massive increase in the amount of statistical information promulgated about crime in the past few years. This reflects in part the greater sophistication in statistical techniques, but is mostly a consequence of the growing political interest in the criminal justice system and an accompanying call for greater accountability and openness. However, there are some facts that appear incontrovertible from all measurements of crime in England and Wales.
6. Poverty, anomie and strain
Authors: Jones Stephen
Published: September 2021

This chapter discusses the common and understandable belief that poverty can be a significant factor underlying offending. It considers first the research evidence connecting crime with poverty and unemployment and then takes a wider view of the ways in which the structuring of society can create pressures on individuals to break the law. From the earliest times, people have sought to equate crime with poverty. If this belief is correct, there should be more crime in areas where more poor people live and at times when overall levels of poverty are higher. It was not until the development of national crime statistics in the nineteenth century that any evaluation could be made of this widely held view.
14. Intelligence, mental disorder and crime
Authors: Jones Stephen
Published: September 2021

This chapter presents the concept of mental disorder, in contrast to the possible physiological influences in criminal behaviour. The idea behind the concept is that the underlying causes are not physical in nature, but are due to the workings of the ‘mind’. The chapter begins with a consideration of whether differences in individuals’ cognitive capacity—or, as it is usually called, intelligence—can have any bearing on the likelihood of their acting in an antisocial manner. It also discusses the definition of ‘learning disability’, a legal classification defined as a state of arrested or incomplete development of the mind, which includes significant impairment of intelligence and social functioning.
16. Violent, aggressive and sexual offences
Authors: Jones Stephen
Published: September 2021

This chapter shows that, although psychological explanations have been used to explain various types of criminal or deviant behaviour, it is violent and sexual offences that are most frequently subjected to analysis. Many crimes involve behaviour that was formerly considered perfectly acceptable, but which society has subsequently decided to criminalise. However, psychological theories are particularly suitable for explaining unusual behaviour that often appears aggressive and is likely to be deprecated in most countries. Some may indulge in a range of criminal offences that many people find easy to understand, if not condone: crimes against property—which make up the bulk of recorded criminal offences—being perhaps the best example of this. Despite the fact that violence was far more common in earlier centuries, many people nowadays find excessively violent and sexual crimes far more difficult to comprehend.
1. Introduction
Authors: Choo Andrew L-T
Published: September 2021

Chapter 1 examines a number of basic concepts and distinctions in the law of evidence. It covers facts in issue and collateral facts; relevance, admissibility, and weight; direct evidence and circumstantial evidence; testimonial evidence and real evidence; the allocation of responsibility; exclusionary rules and exclusionary discretions; free(r) proof; issues in criminal evidence; civil evidence and criminal evidence; the implications of trial by jury; summary trials; law reform; and the implications of the Human Rights Act 1998. This chapter also presents an overview of the subsequent chapters.
5. The Right to Silence and the Privilege against Self-Incrimination
Authors: Choo Andrew L-T
Published: September 2021

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The implications for the privilege against self-incrimination of statutory provisions that criminalize the failure to provide information to law enforcement authorities are also considered.
8. Public Interest Immunity and Related Matters
Authors: Choo Andrew L-T
Published: September 2021

Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.
European Union Law
Authors: Schütze Robert
Published: September 2021

European Union Law uses a distinctive three-part structure to examine the constitutional foundations, legal powers, and substantive law of the European Union. This third edition includes an updated dedicated chapter on the past, present, and future of Brexit. Part I looks at the constitutional foundations including a constitutional history and an examination of the governmental structure of the European Union. Part II looks at governmental powers. It covers legislative, external, executive, judicial, and limiting powers. The final part considers substantive law. It starts off by examining the free movement of goods, services, and persons. It then turns to competition law and finally ends with an analysis of internal and external policies.
10. Judicial Powers I
Authors: Schütze Robert
Published: September 2021

This chapter highlights the ‘centralized’ powers of the Court of Justice of the European Union. It begins with an analysis of the Court's annulment power. The power of judicial review is the founding pillar of a Union ‘based on the rule of law’. The chapter then moves to the remedial power of the European Court, and the question of when the Union legislative or executive branches will be liable to pay damages for an illegal action. It also investigates the Court's power to adjudicate disputes between parties. In addition to a number of direct actions (direct actions start directly in the European Court), the EU Treaties also envisage an indirect action starting in the national courts: the preliminary reference procedure. This procedure is the central pillar of the Union's cooperative federalism for it combines the central interpretation of Union law by the Court of Justice with the decentralized application of European law by the national courts.
14. Free Movement of Goods II
Authors: Schütze Robert
Published: September 2021

This chapter examines the constitutional principles governing positive integration. It begins by analysing the scope and nature of the two general internal market competence(s): Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU). The European Union has an—almost—unlimited competence to harmonize national laws that affect the establishment or functioning of the internal market. The chapter then looks at the more limited special competences given to the Union in Articles 113 and 118. It also investigates how the Union can use its internal market competences via distinct harmonization methods. Finally, the chapter offers an excursion into a particular, yet fundamentally important, aspect of positive integration in the internal market: the Common Agricultural Policy.
20. Epilogue
Authors: Schütze Robert
Published: September 2021

This chapter explores the past, present, and future of Brexit. It begins by offering a historical overview of British membership in the Union. With its commitment to European integration often selective, the United Kingdom had come to be seen as an ‘awkward partner’ within the European Union. The chapter then looks at the process of withdrawal and, in particular, the nature and content of Article 50 TEU—the provision that regulates the process. Subsequently, it analyses the post-Brexit Withdrawal Agreement that governs the relationship between the European Union and the United Kingdom today. Finally, the chapter tries to look into the future and discusses the prospective partnership options that have been on the diplomatic table for the post-2020 economic relations between the European Union and the United Kingdom.
Understanding Jurisprudence
Authors: Wacks Raymond
Published: September 2021

With a clear, engaging, and informal style, Understanding Jurisprudence is the perfect guide for students new to legal theory looking for a handy and stimulating starting point to this sometimes daunting subject. Key theories and theorists are introduced in a compact and practicable format, offering an accessible account of the central ideas without oversimplification. Further reading suggestions are included throughout, helping students to structure their research and navigate the jurisprudence’s extensive literature. Critical questions are also included in each chapter, to encourage students to think analytically about the law and legal theory, and the numerous debates that it generates. The author is an experienced teacher of jurisprudence and excels at providing a concise, student-friendly introduction to the subject, without avoiding the subtleties of this absorbing discipline. New to this, the book’s sixth edition, are: the most recent scholarship in several areas, including expanded discussions of theories of justice, globalization, and environmental protection, as well as a new section on judicial review and democracy. There are also updated suggested further reading lists and questions at the end of each chapter.
8. Historical and anthropological jurisprudence
Authors: Wacks Raymond
Published: September 2021

This chapter, which discusses the development of historical and anthropological jurisprudence, first identifies the characteristics that distinguish the Western legal tradition from other systems. It then discusses the German Romantic Movement, which found its most powerful spokesman in jurist, Friedrich Karl von Savigny; its foremost champion in England was Sir Henry Maine. Maine exercised a significant influence over what has come to be called anthropological jurisprudence or legal anthropology, an approach to law that developed in the twentieth century and which was recognized as essential to an understanding of law by the American realist judge Oliver Wendell Holmes Jr.
10. Rights
Authors: Wacks Raymond
Published: September 2021

One of the most important and controversial concepts that preoccupies legal and moral philosophers is that of a ‘right’. To have a right raises the distinction between what a right is, on the one hand, and what rights people actually have or should have, on the other. This is the difference between a moral and a legal right that is a recurring theme in discussions of this subject. This chapter examines the concept of rights, various theories and types of rights (including human and animal rights), and concludes with a brief exercise in ‘applied jurisprudence’ that attempts to show how apparently competing approaches to a crucial democratic right may be resolved.
12. Why punish?
Authors: Wacks Raymond
Published: September 2021

The question of how or why or whether convicted offenders should be punished is controversial in most societies.Whether a judge or magistrate fails to penalize a convicted criminal sufficiently harshly or whether a sentence is too severe is a matter of continual public interest and debate. This chapter briefly considers how the exercise of punishment—in pursuit of the enforcement of the criminal law—might be validated and discusses the various justifications for the exercise of the state’s power to deprive individuals especially of their liberty, life, or, property. These include the concepts of retributivism, consequentialism, restorative justice, and communication.
Land Law
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2021

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The fifth edition of Land Law: Text, Cases, and Materials covers all core aspects of land law, including the nature of land and of property rights, registration, human rights, legal estates, legal interests, equitable interests, acquisition of interests in land, trusts of land, the priority of interests in land, co-ownership and interests in the home, leases, easements, covenants, commonhold, and security interests in land. The book provides students with the detailed knowledge and analytical tools required to understand and engage fully with the current topical debates surrounding the subject, including recent reform proposals. The book comprises of eight parts and it looks at the content question, the acquisition question, and priority and the defences question. It also covers different contexts, such as the shared home and neighbours and neighbourhoods.
7. Personal Rights: Licences
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2021

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter presents a discussion of licences. Licences can be grouped into a number of categories, including bare licences, contractual licences, estoppel licences, statutory licences, and licences coupled with an interest. The key feature of a bare licence is that A is under no duty to B not to revoke the licence. The distinction between a bare licence and a contractual licence turns on the question of whether A is under a contractual duty to B. An estoppel licence, as well as a statutory licence, is similar to a contractual licence: the key difference is the source of A’s duty to B. A ‘licence coupled with an interest’ is a permission to make a particular use of A’s land, which arises as part of a distinct property right held by B in A’s land. The chapter considers the impact of all these forms of licences, looking at the positions of A, of X (a stranger who interferes with the land), and of C (a party who acquires a right in the land from A). It considers whether particular forms of licence ought to count as equitable interests in land. It also examines when a licensee may be protected by a new, direct right against a third party, even though the licence itself is only a personal right.
3. Contracts of employment (2): content and wages
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: September 2021

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand, some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes by considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.
6. Termination of the employment contract at common law
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: September 2021

This chapter looks at termination of employment at common law, and at the breach of employment contract action known as ‘wrongful dismissal’. It first discusses ways in which the contract might untypically end by operation of law rather than the ‘dismissal’ on which many employee rights rest. The chapter then considers the right of either party to terminate most contracts by giving notice—a major feature of UK employment law—and the ability of the employer to dismiss summarily for gross misconduct. It concludes with a detailed analysis of the principal remedy for an employee at common law—the action for wrongful dismissal—which is completely separate and different from statutory unfair dismissal despite an unfortunate tendency for the press to treat them as interchangeable.
3. Domestic Sources of Law: Case Law
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2021

This chapter continues the discussion of sources of domestic law, focusing on material produced by the courts through cases. It covers the reporting of cases, the hierarchy of courts, legal principles, and the operation of precedent. The courts operate a system of precedent known as stare decisis (‘let the decision stand’). The type of precedent set depends on the court sitting, with the most complicated rules occurring in the Court of Appeal. As a general rule of thumb, the court setting the precedent will bind every court below it but the real question is under what circumstances that court is bound by itself.
5. Human Rights Act 1998
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2021

This chapter examines the Human Rights Act 1998 (HRA) and discusses some of the important issues that arise from its use. It also provides an overview of relevant articles in the European Convention on Human Rights (ECHR). The HRA 1998 is quite a short Act and its key parts are in a small number of sections. Perhaps the most important is that of s 6 which places an obligation on public authorities to act in a way compatible with the ECHR; s 7 which prescribes how it can be used to obtain a remedy in the courts. This chapter also links to the previous chapters in terms of discussing how the Act is interpreted.
10. The Legal Professions
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2021

This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are three principal branches to the legal profession in England and Wales. The first consists of barristers, the second of solicitors, and the third of chartered legal executives. The routes to qualification vary for each of the branches, but broadly speaking all involve an academic stage and work-based training. When considering the current routes to qualification for each of the branches of the profession, the chapter also explores potential qualification reforms, in particular those proposed by the Solicitors’ Regulation Authority with the introduction of the Solicitors’ Qualifying Exam (SQE). Diversity within each branch of the profession is also explored in relation to gender, ethnicity, and socio-economic backgrounds.
11. Funding Access to Justice
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2021

This chapter examines how litigation is funded. It considers the growth, and eventual decline, in legal aid, and how alternative sources of funding have begun to be used. The chapter considers both criminal and civil litigation. It notes how there is an increase in defendants-in-person before the criminal courts because of restrictions in legal aid. It questions whether this is appropriate, particularly where the loss of liberty is a real possibility. The chapter also considers how civil litigation is now funded. This includes how ‘no win, no fee’ arrangements were at first encouraged, but then subject to restrictions because it was felt the balance of risk vs. gain was inappropriate. The chapter charts the growth of before and after-the-event insurance, and the increase in third-party funding where the litigation is for large sums of money.
17. Civil Litigation
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2021

This chapter considers the conduct of civil litigation. It discusses how civil litigation is more managed than criminal litigation and the courts seek to assist litigants in finding a compromise. The civil courts have extensive powers over costs and they use this to ensure compliance with their rulings and also to encourage early settlement, reducing the need for litigation. The chapter examines three types of civil litigation; cases relating to the small-claims track (‘small claims court’), judicial review and private family-law disputes.
Criminal Law
Authors: Allen Michael , Edwards Ian
Published: September 2021

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.
4. Interaction of actus reus and mens rea
Authors: Child John , Ormerod David
Published: September 2021

This chapter focuses on the interaction between actus reus and mens rea in proving criminal liability. It first considers how actus reus and mens rea relate to one another within the structure of an offence before discussing the issues that also emerge when applying offence requirements to a set of facts. As an example, it explains how every element (conduct, circumstance, and result) of an offence includes an actus reus requirement and a potential corresponding mens rea requirement. It also examines the correspondence principle and the doctrine of transferred malice, along with the coincidence principle. Finally, it outlines potential options for legal reform and a structure for analysing the actus reus and mens rea of an offence when applying the law in problem-type questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
7. Non-fatal offences against the person
Authors: Child John , Ormerod David
Published: September 2021

This chapter deals with non-fatal offences against the person, a variety of offences designed to criminalise behaviour ranging from the infliction of serious (non-fatal) injuries to potential targeting of any non-consensual contact. The chapter begins by explaining the offences of assault and battery, the actus reus and mens rea of each, and defences. It then considers relevant provisions of the Offences Against the Person Act 1861 with respect to assault occasioning actual bodily harm, wounding or inflicting grievous bodily harm, and wounding or causing grievous bodily harm with intent. The chapter then considers ‘conduct focussed’ offences against the person, such as harassment and poisoning. Finally, the chapter outlines potential legal reforms concerning modernisation and re-codification, constructive liability, and consent; and the potential application of the offences against the person within a problem question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.
12. Parties to crime
Authors: Child John , Ormerod David
Published: September 2021

This chapter examines the criminal liability of parties to a crime. Where D involves herself in the crime of another, and that crime is completed, D may not just be liable for her inchoate role, but may be additionally liable as an accomplice. As such, she is labelled and punished in the same way as the principal. This chapter begins with an overview of the current law of complicity and the circumstances where uncertainty can emerge in determining whether D is a principal or an accomplice. It then considers the elements of complicity by aiding, abetting, counselling, or procuring; the abolition of complicity by joint enterprise; the relationship between complicity and inchoate liability; and available defences. It outlines options for legal reform concerning complicity and the potential application of complicity within a problem question. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
6. Exemption clauses and unfair contract terms
Authors: Merkin Robert , Saintier Séverine , Poole Jill
Published: September 2021

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. A clause which seeks either to exclude a party’s liability for breach or to limit that liability to a specified amount is known as an exemption clause. It is also possible for exemption clauses to seek to exclude or limit the remedies which would otherwise be available for breach or seek to deny that any breach of contract or breach of a duty of care has occurred. Although such clauses can allocate risks between the parties and prevent duplicate insurance cover, both the courts and the Parliament in the UK have sought to control their use. An exemption clause is enforceable if the clause in question is incorporated as a term, covers the loss that has occurred in the circumstances in which it arose, and is not rendered unenforceable by either the Unfair Contract Terms Act 1977 (B2B contracts) or Part 2 of the Consumer Rights Act 2015 (B2C contracts). This chapter examines the construction of exemption clauses as well as the legislative regulation of exemption clauses and, in the consumer context, unfair terms.
12. Discharge by frustration: subsequent impossibility
Authors: Merkin Robert , Saintier Séverine , Poole Jill
Published: September 2021

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. In general terms non-performance constitutes a breach of contract. The contract may have expressly allocated the risk of certain external events which occur after the contract is made to one of the parties by means of a force majeure clause. The terms of this clause will determine the parties’ positions if the event in question occurs. In the absence of an express allocation of the risk, the frustration doctrine is a residual doctrine that governs when such frustrating events intervene, without the fault of either party. These frustrating events relate to impossibility, illegality or frustration of the common purpose of both parties. This chapter examines the legal basis of the frustration doctrine, when it applies, when it does not apply and the legal consequences of frustration on the parties’ positions. Frustration automatically terminates the contract for the future and, where it applies, the provisions of the Law Reform (Frustrated Contracts) Act 1943 govern the parties’ pre-existing legal position.
10. Distributions and maintenance of capital
Authors: French Derek
Published: September 2021

This chapter examines the controls imposed on return of a company’s capital to its members, first by considering the common law general principle that return of capital to shareholders is illegal unless permitted by statute. It then discusses the problem of how to distinguish between a legal distribution of profits and an illegal return of capital; transfer of profits to a capital redemption reserve and use of profits to pay up bonus shares; company’s issuance and redemption of redeemable shares or purchase of its own shares; purchased shares as treasury shares; and how a company may reduce its issued share capital by special resolution. The chapter also looks at capitalisations and employees’ share schemes. It includes analysis of three court cases that are particularly significant to distributions and the maintenance of capital.
11. Borrowing and security
Authors: French Derek
Published: September 2021

This chapter considers borrowing as an important method of financing a company’s activities, and security as a right of recourse against company property if the loan is not repaid on time. It begins by discussing security for financial obligations, paying particular attention to security contracts, the redemption or discharge of security and the realisation of security. It then turns to the registration of non-possessory security contracts, the priorities of legal and equitable charges and floating charges as a form of security and their crystallisation. The extent to which the assets of a company, to which anyone is considering extending credit, are already charged as security is also explained. The chapter considers three particularly significant court cases: Evans v Rival Granite Quarries Ltd [1910] 2 KB 979; Re Spectrum Plus Ltd [2005] UKHL 41, [2005] 2 AC 680; and Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284.