bluuebunny/crossref_metadata_2025 huggingface dataset:
18. Reform of the Land Registration Act 2002
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2018

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 assesses the impact of the Land Registration Act 2002 (LRA 2002) and looks at recent Law Commission proposals to reform the LRA 2002. The Act principally affects the acquisition and defences questions. It considers whether the Act has achieved its aim of providing a comprehensive and accurate register, and also examines if such an aim is a worthwhile one. The effect of the Act depends on whether C’s registration can be said to be a ‘mistake’; but that term is not defined in the Act, and so there is room for disagreement amongst judges and commentators as to how the crucial notion of ‘mistake’ should be interpreted. The Act also concentrates on the different question of whether B can assert a pre-existing legal or equitable property right against C. The chapter considers the detail of some of the Law Commission’s recent proposals to update the LRA 2002, and notes how those proposals are based on a more nuanced approach, which balances the need of a registered party against other policy concerns.
23. Freehold Covenants
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2018

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 investigates how certain covenants relating to land between freehold owners can overcome the normal privity of contract rule, and can be enforced by and against third parties. Restrictive covenants significantly control land use, and supplement and complement public planning laws. The burden of a negative covenant will not run at common law but may run in equity by virtue of the rule in Tulk v Moxhay. The benefit of a restrictive covenant will run if it is: expressly assigned; annexed to the land; or subject to a building scheme. The Lands Chamber of the Upper Tribunal has jurisdiction under s 84 of the Law of Property Act 1925 to modify or extinguish restrictive covenants. Reform recommendations offer a final acknowledgement that both negative and positive covenants affecting land should be a ‘genuine proprietary interests’ rather than ‘a peculiar species of personal contract’.
1. Introduction
Authors: Choo Andrew L-T
Published: August 2018

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.
14. Alternative Pathways to Proof
Authors: Choo Andrew L-T
Published: August 2018

To require evidence to be called to prove every single matter requiring proof in a trial would serve no useful purpose and lead to the unnecessary prolongation of trials. On occasion, therefore, a matter may be regarded as proved even though no evidence has been adduced to prove it in the normal way. Chapter 14 examines three devices used in the law of evidence to achieve this. These are formal admissions, judicial notice, and presumptions.
Smith, Hogan, & Ormerod's Criminal Law
Authors: Ormerod David , Laird Karl
Published: August 2018

This book, in its fifteenth edition, has been completely updated to include all legislative and case law developments and detailed analysis of the many recent developments since the last edition. In particular, there has been a significant revision of the chapter dealing with secondary liability and joint enterprise following the decision of the Supreme Court in Jogee. The material on dishonesty has also been rewritten following the Supreme Court’s decision in Ivey v Genting Casinos. Changes brought about through the Policing and Crime Act 2017 and Criminal Finances Act 2017 have been incorporated. The book begins with an introduction of definitions of crime and an explanation of the sources of criminal law followed by detailed analysis of the elements of a crime (actus reus and mens rea) including negligence and strict liability. Secondary liability is examined with an emphasis on analysing the recent decision of the Supreme Court in Jogee, before exploring corporate and vicarious liability. Mental condition defences and the Law Commission’s proposals to reform them are examined alongside issues relating to mistake and intoxication. A comprehensive review of general defences includes the Court of Appeal’s controversial approach to self-defence in householder cases. The final chapter of the general part provides a detailed review of inchoate offences. The second part of the book examines specific offences including murder, manslaughter, other homicide offences, non-fatal offences, sexual offences, theft, and robbery, and considers the Fraud Act 2006, burglary, offences of damages to property, offences against public order and road traffic offences.
1. An introduction to the criminal law
Authors: Ormerod David , Laird Karl
Published: August 2018

It is neither easy to define crime nor identify the aims of criminal law but some characteristics may be universal to every crime, including that it involves public wrongs and moral wrongs. ‘Public wrongs’ reflect the important role of the public in punishing crimes. A crime incorporating a moral wrong implies that a ‘wrong’ is done or harm to others is involved but experience suggests that morality and criminal law are not coextensive. The chapter introduces students to thinking about criminalization and the need to guard against over-criminalization. It also examines the principal sources of criminal law: common law, statute, EU law, international law, and the European Convention on Human Rights (ECHR). Problematically, important and serious offences and most defences in English law derive from common law rather than statute, and some offences, from public nuisance to gross negligence manslaughter, have been challenged recently on grounds of certainty and retrospectivity.
5. Crimes of strict liability
Authors: Ormerod David , Laird Karl
Published: August 2018

Offences of strict liability are those crimes that do not require mens rea or even negligence as to one or more elements in the actus reus. Where an offence is interpreted to be one of strict liability, the accused will be criminally liable even if he could not have avoided the prescribed harm despite attempting to do so. Where someone is accused of strict liability, it is not necessary for the prosecution to tender evidence of mens rea as to the matter of strict liability. This chapter discusses strict liability and its distinction from ‘absolute’ liability, crimes of strict liability in common law and statutes, strict liability and the presumption of innocence, the presumption of mens rea, the severity of punishment for strict liability, arguments for and against strict liability, the imposition of liability for negligence, and statutory due diligence defences.
6. Parties to crime
Authors: Ormerod David , Laird Karl
Published: August 2018

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: August 2018

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 one 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.
16. Non-fatal offences against the person
Authors: Ormerod David , Laird Karl
Published: August 2018

This chapter focuses on non-fatal offences against the person, including assault and battery, wounding and inflicting grievous bodily harm, poisoning offences, kidnapping, harassment, 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, the Protection from Harassment Act 1997, and the Prevention of Crime Act 1953. It also considers racially or religiously aggravated versions of the relevant offences.
28. Computer misuse offences
Authors: Ormerod David , Laird Karl
Published: August 2018

The impact of computer technology on society has been profound and this chapter examines the offences in the Computer Misuse Act 1990 as amended in the Police and Justice Act 2006 and in the Serious Crime Act 2015. The focus is on offences related to computer misuse, including unauthorized access to computer material, unauthorized access with intent to commit or facilitate further offences, unauthorized acts with intent to impair or recklessness as to impairment of a computer, impairing a computer such as to cause serious damage and making, supplying or obtaining articles for use in such offences.
JC Smith's The Law of Contract
Authors: Davies Paul S.
Published: August 2018

Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation of the contract, implication and rectification, and exclusion clauses and unfair terms. It goes on to look at issues such as duress, undue influence, good faith, capacity, illegality, contractual assumptions, breach of contract, remedies and damages, and remedies beyond compensatory damages.
1. Introduction and fundamental themes
Authors: Davies Paul S.
Published: August 2018

This introductory chapter provides a brief overview of the fundamental elements of what constitutes a contract. It discusses undertakings or promises, deeds, written and oral promises, bargains, and bilateral and unilateral contracts. It concludes by examining some general themes in contract law to which reference will be made throughout the present title. These include freedom of contract, will theory, economic efficiency, objectivity in contract law, common law and equity, contract law within private law, and international influences on contract law. The outline provided in this chapter is necessarily brief; although some of the themes may seem a little difficult in the abstract, students approaching this subject for the first time should not be troubled. The concepts will become familiar and more easily understood through concrete examples provided in later chapters.
3. Offer and acceptance II: three applications of the general principles
Authors: O’Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the applications of the general principles of the offer and the acceptance requirement in the law of contract in specific problem areas which raise offer and acceptance principles. These issues concern intention to create legal relations, unilateral mistake, and the effect of signing a contract (considering the L’Estrange v Graucob case) and the doctrine of non est factum.
7. Terms of the contract I
Authors: O’Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines issues related to the terms of the contract. It explains the distinction between terms and mere representations, and analyses the difference between signed and unsigned contracts in relation to the incorporation of express. This chapter also considers the parol evidence rule and the modern contextual approach to contractual interpretation. Finally it considers implied terms, which can be implied by statute or by the courts.
8. Terms of the contract II: common law and statutory controls on unfair terms
Authors: O’Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines unfair terms and exemption clauses in a contract. It considers the common law’s response to unfair terms and exemption clauses and discusses statutory schemes to regulate them. It covers the Unfair Contract Terms Act 1977 (UCTA) which governs exemption clauses in non-consumer contracts, subjecting them to a requirement of reasonableness where the contract was made on standard terms. It also discusses in detail the Consumer Rights Act 2015 (CRA), which imposes a test of fairness on terms in consumer contracts, apart from the core terms.
14. Frustration
Authors: O’Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of frustration, which can only be invoked where the parties have not allocated the risk of the relevant event in their bargain, such as by means of a force majeure clause. It explains that issues of frustration arise where circumstances change radically after the contract has been entered into, which show that an assumption held by both parties at the time of contracting no longer applies. It analyses the effects of frustration at common law and discusses the current test for frustration. This chapter also considers the provisions of the Law Reform (Frustrated Contracts) Act 1943.
18. Remedies III: other non-compensatory or exceptional remedies
Authors: O’Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines non-compensatory remedies for breach of contract. It analyses why a non-compensatory remedy can be desirable and discusses the four types of non-compensatory remedies. These include restitution for total failure of basis, forfeiture of deposits, negotiation damages (or the user principle), disgorgement, and punitive damages.
7. Human rights and fundamental freedoms
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie
Published: August 2018

This chapter considers the European Convention on Human Rights (ECHR) and its relationship to the English legal system. As an international treaty the ECHR is not part of UK law unless it is incorporated into the law. By the Human Rights Act 1998 Convention Rights are incorporated into UK law. By the Human Rights Act 1998 the courts are able to interpret legislation under s.3 to achieve compatibility with the ECHR but are not empowered to strike down legislation incompatible with the Convention. This preserves parliamentary sovereignty. The courts may give a declaration of incompatibility. The UK courts are not bound by decisions of the European Court of Human Rights but must take such decisions into account. It is unlawful for a public authority to act incompatibly with Convention Rights.
12. The criminal process: the suspect and the police
Authors: Wilson Steve , Rutherford Helen , Storey Tony , Wortley Natalie
Published: August 2018

In order to investigate a criminal offence, the police may need to stop and search, arrest, detain, and/or question a suspect. This chapter explains the key rules that govern the exercise of police powers. The use of stop and search powers, in particular, has long been controversial as there is evidence that black and Asian people are more likely to be stopped than white people. The chapter also considers powers of arrest and the way in which arrests should be carried out, as well as minimum rights and standards for the detention and questioning of suspects.
2. Agreement: Objective or Subjective?
Authors: McKendrick Ewan
Published: August 2018

This chapter discusses the approach adopted by the courts when seeking to ascertain the intention of the parties to a contract. The general rule is that the existence and content of an agreement are questions that must be answered by reference to the intention of the parties, objectively ascertained. Two leading cases are presented that consider the scope of the objective test, namely Smith v. Hughes (1871) LR 6 QB 597 and Centrovincial Estates plc v. Merchant Investors Assurance Company Ltd [1983] Com LR 158. The discussion then turns to the case where one party attempts to ‘snap up’ an offer which he knew that the offeror did not intend, and the case where one party was at fault in failing to notice that the other party’s offer contained a mistake, or he was himself responsible for inducing that mistake in the other party. The chapter concludes that it is not necessary to resort to a subjective approach in order to explain these cases; they can be analysed in terms consistent with the objective test which is generally applied by the courts.
3. Offer and Acceptance
Authors: McKendrick Ewan
Published: August 2018

This chapter discusses the rules of offer and acceptance that have been laid down by the courts over the years. It states that the rules claim to be of general application and that they purport to give effect to the intention of the parties, albeit their intention objectively ascertained. The chapter also establishes that the rules in practice are often inter-linked. For example, the question whether or not an offer has been accepted may depend in a particular case on whether or not the offer was revoked before it was accepted; a court deciding such a case must decide both when the acceptance and the revocation took effect. The chapter examines the difference between an offer and an invitation to negotiate (or an invitation to treat), particularly in its application to contracts concluded in shops, tenders and contracts concluded at an auction, the battle of the forms, the time at which acceptance takes place when a contract is concluded by post, and acceptance in the case of unilateral contracts.
5. Consideration and Promissory Estoppel
Authors: McKendrick Ewan
Published: August 2018

The doctrine of consideration is one feature of English contract law that readily distinguishes it from the law of contract in civilian jurisdictions. Its essence is that a promisee cannot enforce a promise unless he has given or promised to give something in exchange for the promise, or unless the promisor has obtained (or been promised) something in return. In other words, there must have been a bargain between the parties. This chapter analyses the current scope of the doctrine of consideration, particularly the rule that consideration must be sufficient but need not be adequate, the pre-existing duty rule and the question whether a promise to pay, or part payment of a debt, is good consideration for the discharge of the entire debt, and the rule that past consideration is not good consideration. It also examines the role of promissory estoppel in contract cases. An estoppel gives (at least limited) effect to a promise that would otherwise be unenforceable, thus the effect of an estoppel may be to supplement, or even supplant, the doctrine of consideration. The chapter concludes with a brief discussion of the future of the doctrine of consideration and, in particular, draws on the critique of consideration developed by Professor Atiyah.
7. Intention to Create Legal Relations
Authors: McKendrick Ewan
Published: August 2018

An essential ingredient of a binding contract is that the parties must have had an intention to create legal relations. In other words, they must have had an intention to be bound by the terms of their agreement. This chapter, which examines the doctrine of intention to create legal relations, begins by considering cases involving domestic and social agreements before turning to analyse the role of intention to create legal relations in the commercial environment.
23. Damages
Authors: McKendrick Ewan
Published: August 2018

This chapter examines the entitlement of a claimant to recover damages in respect of a breach of contract committed by the defendant, and is organized as follows. Section 2 discusses the different measures of damages that can be awarded, while Section 3 analyses the performance interest. Section 4 examines the circumstances in which a claimant can seek damages based on his ‘reliance’ losses rather than his performance interest, while Section 5 discusses the circumstances in which damages may be awarded to protect the claimant’s ‘restitution’ interest. Section 6 examines the entitlement of a claimant to recover damages in respect of non-pecuniary losses, particularly ‘mental distress’. Section 7 considers the general rule that damages are assessed as at the date of breach and the exceptions to that rule, while Section 8 considers the various doctrines which the courts use in order to keep liability within acceptable bounds. These include remoteness, mitigation, and contributory negligence. Section 9 examines the circumstances in which a defendant can be ordered to account to a claimant for the profits that he has made from his breach of contract. Section 10 looks at the possibility that exemplary damages might play a role in breach of contract cases. The chapter concludes, in Sections 11 and 12, with a discussion of agreed damages clauses (and related clauses) and their legal regulation.
1. What is land?
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

This chapter begins by defining the term ‘land’ as stated in the Law of Property Act 1925, s. 205(1)(ix). It explains the meaning of land of any tenure, both freehold and leasehold; the extent of land both upwards into the sky and downwards into the earth; corporeal hereditaments including the distinction between fixtures and chattels; incorporeal hereditaments such as rights of way, rights to fishing and hunting, and other intangible rights; and cites relevant cases as examples. It then sketches the rights of landowners to objects found lost or hidden on, or buried within, the land, including the Crown’s rights to treasure.
2. The structure of land law
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

This chapter discusses the origins and structure of modern land law, tracing the development of two kinds of estates and interests: at common law and in equity. It discusses the meaning of estates in land, and legal and equitable rights; examines the differences between the two; and explains why it matters whether a right in land is legal or equitable. The different effects of legal and equitable interests on purchasers of land are noted, because common law acts in rem and equity in personam. This gave rise to the doctrine of notice. The reforms introduced by the 1925 Property Acts are explained, including reduction of legal estates in land to two: the fee simple absolute in possession (freehold) and term of years absolute (leasehold)—Law of Property act 1925 s. 1(1). Registration of land charges partially reformed the doctrine of notice, and overreaching was introduced. The Land Registration Act 1925 introduced compulsory registration of title; there are now two systems: registered and unregistered land.
8. Joint owners of land (co-ownership)
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

This chapter discusses ‘express’ co-ownership of land—the situation in which owners make a conscious decision to own land together. It first briefly defines the two types of co-ownership—joint tenancy and tenancy in common—and distinguishes between legal and equitable ownership. It then discusses legal title and equitable title in relation to joint tenancy and tenancy in common; and how to differentiate between joint tenancy and tenancy in common in practice. The chapter also considers the issue of severance, which converts the status of a co-owner from joint tenant to that of tenant in common, as well as the impact of co-ownership on the land register.
10. Proprietary estoppel
Authors: Clarke Sandra , Greer Sarah
Published: August 2018

This chapter looks at another way of acquiring an interest in land, through the doctrine of proprietary estoppel. It discusses the two-stage process of acquiring an interest in land through proprietary estoppel: establishing an equity and satisfying the equity. It explains the three main elements that need to be proved to establish the equity. These are assurance, reliance, and detriment, and it gives case law examples of where these have been considered. It considers the wide range of remedies that may be awarded at the court’s discretion. It then looks at some interesting recent developments in proprietary estoppel and addresses an overarching element of proprietary estoppel claims: unconscionability. Finally, it examines the differences between the constructive trust and proprietary estoppel.
Textbook on Land Law
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The seventeenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of a subject students often find very abstract, while clarifying complex areas and common points of confusion. The book consists of seven parts. Part I provides an introduction to estates and interests in land. Part II looks at the acquisition of estates in land. Part III considers the two legal estates of freehold and leasehold, and in particular looks in detail at the obligations in a leasehold estate, their enforcement and remedies for their breach. Part IV looks at trusts and proprietary estoppel. Part V is about licences and a review of the law relating to the family home. The next part considers third party rights, including mortgages, and the final part concludes with a consideration of the definition of ‘land’.
4. The contract
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the contract for the sale of an estate or an interest in land. It discusses the rules for contracts made on or after September 1989; contracts made before 27 September 1989; and the use of estoppel and constructive trusts to replace part performance after the Law of Property (Miscellaneous Provisions) Act 1989. It also covers estoppel and constructive trusts; electronic contracts; effects of the contract; remedies for breach of contract; and application of the law to the sale of the freehold property, 2 Trant Way.
17. Co-ownership
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses rules relating to the co-ownership of land. It covers joint tenancy; tenancy in common; creating a tenancy in common of the beneficial interest under a trust; the cases of Stack v Dowden and Jones v Kernott; the severance of a joint tenancy; the relationship between co-owners; and the ending of co-ownership.
18. Resulting and constructive trusts
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: August 2018

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with resulting and constructive trusts of the family home. It explains how cohabitants, spouses and civil partners may acquire rights to share in a family home owned by the other partner (sole name cases); how shares in a family home are quantified in sole name and joint-name cases; and how partners’ intentions about ownership may change. Stack v Dowden and Jones v Kernott, together with later decisions, are considered in detail.
4. The legislative supremacy of Parliament
Authors: Parpworth Neil
Published: August 2018

This chapter examines the significance of the principle of the legislative supremacy of Parliament. The discussion covers the traditional view of the principle, as well as a competing view of legislative supremacy of Parliament, referred to as the ‘new’ view or the ‘manner and form’ argument. The chapter also considers the doctrine of implied repeal; the meaning of entrenchment; the Parliament Acts 1911 and 1949; Union legislation; legislative supremacy and the EU; legislative supremacy and devolution; and legislative supremacy and the Human Rights Act.
6. The European Union
Authors: Parpworth Neil
Published: August 2018

This chapter has three aims. It first briefly considers the origins of the what is now the European Union (EU). Secondly, it discusses the institutions of the Union, the European Council, the Council of Ministers, the European Commission, the European Parliament, and the Court of Justice of the EU and General Court. The nature and functions of these bodies is considered. Thirdly, the chapter indicates the nature of institutional reforms which have occurred following the ratification of the Lisbon Treaty.
8. Primary and secondary legislation
Authors: Parpworth Neil
Published: August 2018

This chapter focuses on the legislative process. In any one parliamentary session, somewhere between 30 and 40 Public General Acts are passed. The vast majority of these are government-inspired measures. The actual process of legislating involves a number of parliamentary and extra-parliamentary stages. There are normally five stages in the parliamentary life of a bill: first reading; second reading; committee stage; report stage; and third reading. Each of these stages is discussed in turn, as are the new arrangements where the bill in question relates to England-only matters. Parliamentary sessions also address private bills, hybrid bills, Private Members’ bills, consolidation bills, and delegated legislation.
9. EU law
Authors: Parpworth Neil
Published: August 2018

This chapter discusses the primary and secondary laws of the European Union (EU). Treaties are the primary law of the EU. In addition to the treaties that originally established the three European Communities, a number of other treaties have subsequently been made. These include the Treaty on European Union (the Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, and the Lisbon Treaty, all of which have made important amendments to the foundation treaties. Article 288 of the Treaty on the Functioning of the European Union (TFEU) confers legislative power on the Union’s institutions to make secondary legislation in accordance with the provisions of the Treaty. This secondary legislation may take different forms: regulations, directives, decisions, recommendations, and opinions. The chapter also discusses the concepts of direct applicability and direct effect, and the relationship between EU law and the English courts.
10. Constitutional conventions
Authors: Parpworth Neil
Published: August 2018

This chapter focuses on an important non-legal source of the UK constitution: constitutional conventions. It will be shown that constitutional conventions relate to practical matters which allow the UK constitution to function. They also represent a means by which the executive branch can be made accountable. The discussion includes the nature of constitutional conventions, examples of constitutional conventions, enforcing conventions, the Cabinet Manual, and the courts and conventions. Codification of conventions and the importance of conventions in relation to devolution is also discussed.
12. The royal prerogative
Authors: Parpworth Neil
Published: August 2018

This chapter begins by discussing the origins and meaning of the term ‘royal prerogative’. It then presents some examples of prerogative power. It distinguishes between prerogative power and statutes, and considers instances when these overlap. The chapter also discusses the adaptation of prerogative powers, and the relationship between the prerogative and the courts. The chapter concludes by looking at possible reform of prerogative power.
13. The nature of judicial review
Authors: Parpworth Neil
Published: August 2018

Judicial review is a procedure whereby the courts determine the lawfulness of the exercise of executive power. It is concerned with the legality of the decision-making process as opposed to the merits of the actual decision. Thus it is supervisory rather than appellate. This chapter discusses the supervisory jurisdiction of the courts, procedural reform, the rule in O’Reilly v Mackman, the public law/private law distinction, collateral challenge, and exclusion of judicial review. The procedure for making a claim for judicial review under the Civil Procedural Rules (CPR) 54 is considered.
14. The grounds for judicial review
Authors: Parpworth Neil
Published: August 2018

This chapter considers the grounds on which public decisions may be challenged before the courts. It begins with an overview of two cases—Associated Provincial Picture Houses Ltd v Wednesbury Corpn (1948) and Council of Civil Service Unions v Minister for the Civil Service (1985). The importance of these two cases is their distillation of the general principles. The discussion then covers the different grounds for judicial review: illegality, relevant/irrelevant considerations, fiduciary duty, fettering of a discretion, improper purpose, bad faith, irrationality, proportionality, procedural impropriety, natural justice, legitimate expectations, the right to a fair hearing, reasons, and the rule against bias. It is noted that principles often overlap, so that a challenge to a public law decision may be based on different principles.
17. Freedoms and liberties in the UK
Authors: Parpworth Neil
Published: August 2018

This chapter discusses the protection of freedoms and liberties in the UK. It begins by distinguishing between human rights and civil liberties. It then covers political and social or economic rights, the traditional means of protecting civil liberties in the UK, the European Convention on Human Rights, the incorporation of the Convention into English law, and judicial deference/discretionary areas of judgment. The Human Rights Act 1998 is reviewed from a protection of rights perspective. Finally, the question of a Bill of Rights for the UK is considered.
18. Freedom of expression
Authors: Parpworth Neil
Published: August 2018

This chapter focuses on laws governing freedom of expression in the UK. Freedom of expression is widely considered to be a necessary feature in any democratic state. The chapter considers the extent to which restrictions are placed on the freedom of expression in the UK. It considers laws for the control of obscenity and indecency, the publication of obscene matter, the test of obscenity, defences, powers of search and seizure, and the possession of pornographic images. The discussion also considers that part of the law of contempt of court which relates to restricting the ability of the media to report court proceedings. This chapter is confined to the law relating to obscenity and indecency and contempt of court on the basis that they share the important characteristic of being regulated by both statute and the common law.
19. Police powers
Authors: Parpworth Neil
Published: August 2018

The Police and Criminal Evidence Act 1984 (PACE) confers many powers upon the police. This chapter discusses the codes of practice of PACE, police powers of stop and search, the power to arrest members of the public, and the powers to enter property. Whether or not a particular power is exercised will be a matter of discretion for an individual officer. The exercise of this discretion and the extent to which this is subject to review by the courts will be examined. Finally, the chapter looks at two offences which may be committed against the police : assaulting an officer; and wilful obstruction of an officer.
3. Duty of care II: bodily injury and psychiatric illness
Authors: Witting Christian
Published: August 2018

This chapter discusses the duties of care that arise where the claimant has suffered some kind of personal injury—principally cases of bodily injury and psychiatric illness. The law imposes a wide duty with respect to persons who are physically proximate and vulnerable to injury. The law also imposes a wide duty of care upon persons who imperil others’ physical safety and cause them, as persons in the ‘zone of danger’, to suffer psychiatric illness. By contrast, the law has imposed certain ‘control mechanisms’ on the duty of care as it applies to secondary victims (who were outside the zone of danger but have suffered psychiatric injury). These mechanisms involve stringent types of proximity (as to relationships, presence, and sensory experience).
4. Duty of care III: property damage and purely financial loss
Authors: Witting Christian
Published: August 2018

This chapter is concerned with duties of care that arise when the claimant suffers either property damage or purely financial loss. Again, duties of care are quite generous with respect to property damage when the claimant owns or possesses the property in question. By contrast, duties of care are restricted with respect to purely financial losses. The most frequently upheld duties in the latter category cover negligent misstatements and the negligent provision of professional services.
6. Breach of duty
Authors: Witting Christian
Published: August 2018

This chapter examines breach of duty in negligence. It discusses the factors that the court considers in determining whether the defendant is in breach of his duty of care to the claimant. These include the foreseeability of harm to the claimant, the appropriate standard of care owed by the defendant to the claimant, and the conduct of the defendant in comparison to the expected standard of care. This chapter suggests that the question of whether the defendant has breached a duty of care is a mixed one of law and fact and that the standard of care required of the defendant is an exclusively legal construct and based on the standard of a hypothetical reasonable person.
12. Trespass to land
Authors: Witting Christian
Published: August 2018

This chapter examines the protection against interferences with land provided by tort law. It explains that the action for trespass to land protects the interest of the claimant in having his land free from the unjustified physical intrusion of another. It discusses the elements of trespass and describes the types of acts that constitute it. This chapter also considers remedies available for defendants in trespass to land cases, which include injunctions, actions for the recovery of land, and damages.
14. False representations
Authors: Witting Christian
Published: August 2018

This chapter examines the protection provided by tort law against false representations which cause the claimant to suffer some kind of financial loss. It discusses the principle elements of three different types of false representation case, these being deceit, passing off, and malicious falsehood.
17. Nuisance
Authors: Witting Christian
Published: August 2018

This chapter examines the provisions of tort law concerning private and public nuisance. It explains that the tort of private nuisance protects rights in the use of land, rights in the enjoyment of land, and rights in land itself so as to protect against physical damage to land. It highlights the difficulty in establishing whether private nuisance constitutes a tort of strict liability. This chapter also discusses the elements of public nuisance, which again is a difficult tort to analyse.
19. Breach of statutory duty
Authors: Witting Christian
Published: August 2018

This chapter examines the provisions of tort law concerning breach of statutory duty. It explains that a breach of a statutory duty will not automatically confer a right of action on anyone adversely affected by it and that it does not necessarily ground an action for negligence either. The chapter sets out the relevant elements of the tort, noting that the claimant must prove both that he was intended to be protected by the duty and that the protection was aimed at preventing the kind of loss he suffered.
20. Defamation: foundational principles
Authors: Witting Christian
Published: August 2018

This chapter examines the foundational principles of defamation in tort law. It explains that there are two types of defamation, libel and slander. The chapter discusses the main elements of defamatory imputation, reference, publication, and serious harm. It suggests that liability for defamation reflects efforts to strike a balance between the interests of free speech and preserving one’s reputation. This chapter incorporates the provisions of the Defamation Act 2013 and analyses relevant court cases.
24. Vicarious liability
Authors: Witting Christian
Published: August 2018

This chapter examines the provisions of tort law on vicarious liability. It discusses the distinction between employees and independent contractors and explains that an employer is ordinarily liable only for the torts of his employees. However, the courts have started to impose vicarious liability where other types of relationship arise. This chapter also considers various justifications for the imposition of stricter liability in tort law and evaluates whether a separate category of agent should be included in vicarious liability.
1. An Introduction to Criminal Law
Authors: Herring Jonathan
Published: August 2018

This chapter begins by addressing the question: what is a crime? It then discusses the role of criminal law; the statistics of criminal behaviour; the ‘principles’ of criminal law; proposals for a Criminal Code; kinds of conduct that should be criminalized; culpability; the victim in criminal law; the criminal process; criminal law and the Human Rights Act 1998; critical criminal law; feminist legal thought; punishment; and sentencing.
5. Homicide
Authors: Herring Jonathan
Published: August 2018

This chapter discusses homicide in the criminal law, which can be divided into the following categories: murder, manslaughter, infanticide, and a number of specific offences concerned with causing death while driving. It considers suicide pacts, mercy killing, and euthanasia, homicide statistics, non-homicide killings, and diminished responsibility. Significant academic and political energy is put into homicide law, given the relatively few homicide offences that take place each year. What this reveals is that the law’s approach to homicide has great symbolic importance in both political and legal terms.
7. Sexual Offences
Authors: Herring Jonathan
Published: August 2018

This chapter considers the offences of rape and sexual assault. It begins with a discussion of the law on sexual offences covering the perpetrators and victims of rape; assault by penetration; causing sexual activity without consent; sexual offences designed to protect children; offences against those with a mental disorder; prostitution and trafficking; and incest. The second part of the chapter focuses on the theory of sexual offences and sexual crimes; statistics on rape; the nature of rape; consent and sexual activity; the mens rea for rape; and the actus reus of rape.
8. Theft, Handling, and Robbery
Authors: Herring Jonathan
Published: August 2018

This chapter begins with a discussion of the law on theft, robbery, assault with intent to rob, handling stolen goods, and money laundering offences. The second part of the chapter focuses on the theory of theft, covering property offences; the debate over Gomez; the Hinks debate; temporary appropriation; dishonesty; robberies; and handling stolen goods.
9. Fraud
Authors: Herring Jonathan
Published: August 2018

This chapter begins with a discussion of the law on fraud, covering fraud by false representation; fraud by failing to disclose information; fraud by abuse of position; fraud and possession offences; obtaining services dishonestly; conspiracy to defraud; and making off without payment. The second part of the chapter focuses on the theory of fraud, covering the extent and nature of fraud, and the Fraud Act 2006.
10. Burglary and Blackmail
Authors: Herring Jonathan
Published: August 2018

This chapter discusses the law and theory on burglary and blackmail. The offence of burglary is committed where a defendant enters a building as a trespasser with intent to commit one of the offences listed in section 9 of the Theft Act 1968. It is also committed where a defendant has entered a building as a trespasser and then committed one of a list of other offences. To be guilty of blackmail, a defendant must make unwarranted demands with menaces with a view to making a gain for him or herself or a loss to another.
11. Criminal Damage
Authors: Herring Jonathan
Published: August 2018

This chapter discusses the law and theory on criminal damage. Criminal damage involves the defendant intentionally or recklessly destroying or damaging property belonging to another. The defendant will have a defence if he or she was acting with a lawful excuse. Four criminal damage offences are found in the Criminal Damage Act 1971: basic criminal damage, arson, aggravated criminal damage, and aggravated arson. There is also an offence of racially aggravated criminal damage. The chapter also considers the Computer Misuse Act 1990, which was designed to protect information kept on computers.
12. Defences
Authors: Herring Jonathan
Published: August 2018

This chapter begins with a discussion of the law on defences. It covers private defence and the prevention of crime; necessity; chastisement; consent; duress; coercion; entrapment; superior orders; automatism; insanity; diminished responsibility; loss of control; intoxication; and mistake. The second part of the chapter focuses on the theory of defences, covering the definition of defences; justifications and excuses; character, choice, and capacity; determinism; the rejection of an overarching theory; insanity; private defence; duress; necessity; and issues that fall between the gaps of the defences.