bluuebunny/crossref_metadata_2025 huggingface dataset:
Deep-learning with synthetic data enables automated picking of cryo-EM particle images of biological macromolecules
Authors: Yao Ruijie , Qian Jiaqiang , Huang Qiang
Published: September 2019

Motivation

Single-particle cryo-electron microscopy (cryo-EM) has become a powerful technique for determining 3D structures of biological macromolecules at near-atomic resolution. However, this approach requires picking huge numbers of macromolecular particle images from thousands of low-contrast, high-noisy electron micrographs. Although machine-learning methods were developed to get rid of this bottleneck, it still lacks universal methods that could automatically picking the noisy cryo-EM particles of various macromolecules.

Results

Here, we present a deep-learning segmentation model that employs fully convolutional networks trained with synthetic data of known 3D structures, called PARSED (PARticle SEgmentation Detector). Without using any experimental information, PARSED could automatically segment the cryo-EM particles in a whole micrograph at a time, enabling faster particle picking than previous template/feature-matching and particle-classification methods. Applications to six large public cryo-EM datasets clearly validated its universal ability to pick macromolecular particles of various sizes. Thus, our deep-learning method could break the particle-picking bottleneck in the single-particle analysis, and thereby accelerates the high-resolution structure determination by cryo-EM.

Availability and implementation

The PARSED package and user manual for noncommercial use are available as Supplementary Material (in the compressed file: parsed_v1.zip).

Supplementary information

Supplementary data are available at Bioinformatics online.
Topology-based classification of tetrads and quadruplex structures
Authors: Popenda Mariusz , Miskiewicz Joanna , Sarzynska Joanna , Zok Tomasz , Szachniuk Marta
Published: September 2019

Motivation

Quadruplexes attract the attention of researchers from many fields of bio-science. Due to a specific structure, these tertiary motifs are involved in various biological processes. They are also promising therapeutic targets in many strategies of drug development, including anticancer and neurological disease treatment. The uniqueness and diversity of their forms cause that quadruplexes show great potential in novel biological applications. The existing approaches for quadruplex analysis are based on sequence or 3D structure features and address canonical motifs only.

Results

In our study, we analyzed tetrads and quadruplexes contained in nucleic acid molecules deposited in Protein Data Bank. Focusing on their secondary structure topology, we adjusted its graphical diagram and proposed new dot-bracket and arc representations. We defined the novel classification of these motifs. It can handle both canonical and non-canonical cases. Based on this new taxonomy, we implemented a method that automatically recognizes the types of tetrads and quadruplexes occurring as unimolecular structures. Finally, we conducted a statistical analysis of these motifs found in experimentally determined nucleic acid structures in relation to the new classification.

Availability and implementation

https://github.com/tzok/eltetrado/

Supplementary information

Supplementary data are available at Bioinformatics online.
EvoEF2: accurate and fast energy function for computational protein design
Authors: Huang Xiaoqiang , Pearce Robin , Zhang Yang
Published: September 2019

Motivation

The accuracy and success rate of de novo protein design remain limited, mainly due to the parameter over-fitting of current energy functions and their inability to discriminate incorrect designs from correct designs.

Results

We developed an extended energy function, EvoEF2, for efficient de novo protein sequence design, based on a previously proposed physical energy function, EvoEF. Remarkably, EvoEF2 recovered 32.5%, 47.9% and 22.3% of all, core and surface residues for 148 test monomers, and was generally applicable to protein–protein interaction design, as it recapitulated 30.9%, 42.4%, 31.3% and 21.4% of all, core, interface and surface residues for 88 test dimers, significantly outperforming EvoEF on the native sequence recapitulation. We further used I-TASSER to evaluate the foldability of the 148 designed monomer sequences, where all of them were predicted to fold into structures with high fold- and atomic-level similarity to their corresponding native structures, as demonstrated by the fact that 87.8% of the predicted structures shared a root-mean-square-deviation less than 2 Å to their native counterparts. The study also demonstrated that the usefulness of physical energy functions is highly correlated with the parameter optimization processes, and EvoEF2, with parameters optimized using sequence recapitulation, is more suitable for computational protein sequence design than EvoEF, which was optimized on thermodynamic mutation data.

Availability and implementation

The source code of EvoEF2 and the benchmark datasets are freely available at https://zhanglab.ccmb.med.umich.edu/EvoEF.

Supplementary information

Supplementary data are available at Bioinformatics online.
Is Pteropyrum a pathway to C4 evolution in Polygonaceae? An integrative approach to the taxonomy and anatomy of Pteropyrum (C3), an immediate relative of Calligonum (C4)
Authors: Doostmohammadi Moslem , Malekmohammadi Maryam , Djamali Morteza , Akhani Hossein
Published: September 2019

Pteropyrum is a small genus of Polygonaceae with four species from the arid regions of Iran and adjacent countries. Pteropyrum spp. are not precisely delimitated and are difficult to identify because of their high plasticity in morphological characters. Pteropyrum (C3) has a close affinity to Calligonum (C4) and is therefore a suitable case for C4 evolutionary studies. We investigated the morphology and micromorphology (including pollen morphology) of Pteropyrum and elucidated the phylogenetic relationships with Atraphaxis and Calligonum using nuclear ITS sequences. Characteristics of the photosynthetic tissues such as volume and number of layers of primary carbon assimilation tissues (PCA) and photosynthetic carbon reduction tissue (PCR) were studied. In addition, the leaf and cotyledon anatomical characters of Pteropyrum (C3), Atraphaxis (C3) and Calligonum (C4), and their δ 13C values were compared to look for evolutionary changes in assimilating organs. The molecular phylogenetic tree identifies two strongly supported clades in Pteropyrum and its close relationship with Calligonum, confirming previous studies. Some morphologically similar species belong to different clades, which is probably due to convergent evolution and homoplasy. Leaf anatomical studies show that Atraphaxis has a multilayered mesophyll tissue, whereas Calligonum has one-layered mesophyll cells. The volume and layer number of mesophyll tissue cells decreases, whereas water storage tissue area significantly increases from Atraphaxis to Pteropyrum and Calligonum. This phenomenon confirms previous studies in other lineages with C4 salsoloid anatomy that have evolved through increasing of water storage tissue and succulence of assimilating organs. In the taxonomic part of the paper, a key to identification of accepted taxa of Pteropyrum, description of species and distribution maps are presented based on numerous herbarium specimens and our own rich collections from the field. Four new species are described based on a combination of morphology of seedlings and mature plants, pollen morphology and molecular data. A subspecific classification is suggested to show morpho-geographical variation of Pteropyrum aucheri s.l.
Official Acts and Beyond: Towards an Accurate Interpretation of Diplomatic Immunity Ratione Materiae under the Vienna Convention on Diplomatic Relations
Authors: Shi Xinxiang
Published: September 2019

This article explores the scope of diplomatic immunity ratione materiae under the Vienna Convention on Diplomatic Relations. The difficulty regarding the topic lies in the interpretation of what constitutes an act performed “in the exercise of” diplomatic functions. Based on a critique of differing views, it is argued that diplomatic immunity ratione materiae covers not only official acts stricto sensu, but also certain private acts ancillary or incidental to the performance of diplomatic functions. In practice, the availability of the immunity is heavily dependent on the factual end of a case. Therefore, instead of using general exceptions or standards to denote the scope of the immunity, it is better to determine the immunity on a case-by-case basis in light of the seriousness of an act and the connection between the act and the functions performed.
Severe Human Metapneumovirus and Group A Streptococcus Pneumonia in an Immunocompetent Adult
Authors: Biggs Holly M , Van Beneden Chris A , Kurkjian Katie , Kobayashi Miwako , Peret Teresa C T , Watson John T , Schneider Eileen , Gerber Susan I , Ravishankar Jayashree
Published: September 2019

An immunocompetent adult with asthma developed severe human metapneumovirus (HMPV) illness complicated by group A Streptococcus coinfection, progressing to acute respiratory distress syndrome and shock. Several coworkers had less severe HMPV infection. HMPV can cause severe respiratory illness in healthy adults and should be considered as a potential cause of community respiratory outbreaks.
A case report: ‘happy heart’ syndrome in a patient treated with atomoxetine for attention deficit hyperactivity disorder
Authors: Athanassopoulos Petros , Y-Hassan Shams
Published: September 2019

Background

Takotsubo syndrome (TS) is an acute cardiac disease entity with a clinical presentation resembling that of an acute coronary syndrome. Numerous physical stress factors including pheochromocytoma, epinephrine, and norepinephrine administration, and even physiological exercise have been reported to induce TS. Takotsubo syndrome induced by medications causing elevation of plasma norepinephrine as serotonin-norepinephrine reuptake inhibitor or selective norepinephrine reuptake inhibitor (atomoxetine) has been reported.

Case summary

We report on the case of a 49-year-old woman who was on atomoxetine treatment for attention deficit hyperactivity disorder, developed TS in association with sexual intercourse.

Discussion

The TS pattern in this patient was the type of mid-apical ballooning with apical tip-sparing at presentation. Two days later, TS evolved to mid-ventricular pattern. Takotsubo syndrome resolved completely 1 month after the index presentation.
12. Damages
Authors: Dyer Dr Karen
Published: September 2019

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the issue of damages, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the primary purpose behind an award of damages; the different types of damages; the three principal types of damage for which a remedy may be available: personal injury (death and psychiatric harm included), property damage, economic loss; and how to calculate an award (in principle).
6. Liability of Occupiers and Builders
Authors: Deakin Simon , Adams Zoe
Published: September 2019

Occupier’s liability is, essentially, part of the law of negligence, although it takes statutory form. Its present form is, moreover, the product of various successive legislative accretions. As such, prime importance must be attached to the wording of the statutes, assisted wherever necessary by reference to the preparatory publications of the Law Commission. This chapter will discuss the Occupiers’ Liability Act of 1957, which deals with the liability of Occupiers towards persons (‘visitors’) permitted to be on the Occupier’s land; the Occupiers’ Liability Act of 1984, that deals with the liability of Occupiers towards trespassers; and the liability of non-occupiers, such as vendors, landlords, and builders. It will also explore the relationship between the statutory regime, and the common law of negligence.
15. The Economic Torts
Authors: Deakin Simon , Adams Zoe
Published: September 2019

Economic torts seek to protect a person in relation to his trade, business, or livelihood. However, he will only be protected from certain kinds of interference, principally those inflicted intentionally or deliberately. Nor will an intention to harm suffice, on its own, to ground liability. There are three broad sub-categories of liability: those torts based on the defendant’s wrongful interference with the claimant’s pre-existing legal rights (inducing breach of contract and inducing breach of statutory duty, in particular); the tort of interference with trade or business by unlawful means; and the tort of conspiracy. This chapter considers each of these in turn followed by an outline of the statutory immunities in relation to trade disputes.
25. Other Remedies and Multiple Liabilities
Authors: Deakin Simon , Adams Zoe
Published: September 2019

This chapter discusses continues from the preliminary discussion of remedies in chapter 24, to discuss the following: injunctions, damages in lieu of an injunction, and joint and concurrent liability. An action for damages lies after a tort has been committed. An injunction is sought to prevent the continuance of a tort or in anticipation of a threatened tort. It is an order commanding the discontinuance of some activity or forbidding the causing of damage. Where a court could issue an injunction, but decides against doing so, it may award damages in lieu. This power was originally conferred by section 2 of the Chancery Amendment Act 1858 (Lord Cairns’ Act) and has been continued by later legislation. The chapter discusses when it might be appropriate for a court to make an award of damages in lieu of an injunction, particularly in light of recent case law in the context of the law of nuisance. The issue of joint and concurrent liability is also of interest, and should be understood against the back-drop of the discussion about causation in chapter five.
5. Copyright 4: exceptions and limitations
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: September 2019

This chapter discusses exceptions and limitations to the rights of the copyright owner. Copyright law establishes many such exceptions and limitations, listed in the Copyright, Designs and Patents Act 1988 (CDPA 1988) as the ‘permitted acts’. These acts can be carried out in relation to the copyright work without the owner’s permission or, in some cases, can be performed subject to terms and conditions specified by the statute rather than by the copyright owner. The chapter discusses the influence of the international framework and EU Directives on exceptions and limitations. It analyses the ‘permitted acts’ and discusses the freedoms afforded through them to users of protected works in the UK, and also briefly considers how far they may be set aside by contractual provision.
7. Rights akin to copyright: database right and performers’ rights
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: September 2019

This chapter considers two rights similar to copyright in many ways, in terms of both subject matter and the substantive contents of the rights: (1) the special or sui generis database right, which operates alongside the copyright in databases; and (2) performers’ rights. Both rights have been relatively recently introduced into the armoury of intellectual property law. The chapter gives an account of each of these rights, comparing them with copyright but also underlining the differences between the regimes, and the reasons behind these differences. The chapter considers relevant the relevant international and EU frameworks and also highlights the nature and importance of these rights.
10. Patent regimes and the application process
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: September 2019

This chapter assesses the rationales and justifications commonly seen for and against patents, which inform all aspects of patent law. Against this backdrop, the chapter explains the architecture and procedures of contemporary patent systems as they operate in the UK, within the European patent system, and through international agreements, instruments, and procedures. The chapter considers the patent registration process in the UK. Unlike copyright—and like registered trade marks and registered designs—patent protection is a registered right, granted by an intellectual property office following an application and examination process. The chapter also reviews changes over time and areas of particular debate and possible future evolution.
17. Breach of confidence
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: September 2019

This chapter discusses contemporary law and policy relating to the protection of confidential information, under the common law. It considers the key elements of breach of confidence: the nature of confidential information, circumstances imparting obligations of confidence, and unauthorised use of confidential information. The chapter also considers the increasing impact of the Human Rights Act 1998 (HRA 1998) and the relevance of international perspectives and approaches. The chapter summarises some key cases to give examples of the issues that arise, discusses the evolving relationship between secrecy and innovation, and the impact of other forms of information control and the relevance of freedom of expression.
21. IP enforcement and remedies
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: September 2019

This chapter discusses intellectual property enforcement and remedies available to an IP right holder in the event of an infringement of a right. It considers the UK rules on liability for groundless threats of infringement, including recent UK legislative developments in this field. It goes on to consider a range of interim remedies (including interim injunctions) and final remedies (including injunctions, intermediary injunctions, publicity orders, damages, and accounts of profits), all in the context of the EU IP Enforcement Directive and recent Court of Justice and UK case law developments. It also reviews criminal IP enforcement and enforcement considerations arising at an international level under TRIPS.
4. Terms of the Contract
Authors: Devenney James
Published: September 2019

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. This chapter contains questions and answers concerning express and implied terms, how terms are to be identified and how they are to be classified in order to determine what consequences flow from their breach.
11. Damages
Authors: Devenney James
Published: September 2019

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. The common law places great emphasis on damages as the primary remedy for breach of contract, reinforced by the fact that although a victim of a breach may seek specific performance or an injunction, such orders are equitable in nature and therefore discretionary. In claiming damages, the victim of a breach will need to establish that: the claimed method for assessing damages is appropriate (measure); the damages are not too remote (remoteness); if relevant, compensation for inconvenience and/or disappointment caused by the breach is recoverable (non-pecuniary losses); the losses could not have been reasonably mitigated (mitigation); and the recoverable losses have been properly quantified (quantification). Separately, the validity of any agreed damages clause will need to be determined.
13. Privity of Contract
Authors: Devenney James
Published: September 2019

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Traditionally the doctrine of privity of contract regards contract as based upon agreement and consequently only the parties to that agreement can enforce it. This chapter discusses common law limitations to the doctrine of privity; common law attempts to evade privity; and statutory developments.
15. Skills for Success in Coursework Assessments
Authors: Devenney James
Published: September 2019

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Q&A Law of Contract provides guidance on answering questions on the law of contract. This chapter provides advice on preparing and writing an answer to a coursework question. Referencing is also considered.
7. Protecting Rights
Authors: Le Sueur Andrew , Sunkin Maurice , Murkens Jo Eric Khushal
Published: September 2019

This chapter examines the development and nature of constitutional rights. The discussions cover the European Convention on Human Rights (ECHR); the campaign to incorporate the ECHR into UK law; the Human Rights Act 1998 (HRA); a case study on prisoner voting Hirst v UK (No. 2); criticisms of the HRA; the European Union and human rights.
10. Prerogative Powers
Authors: Le Sueur Andrew , Sunkin Maurice , Murkens Jo Eric Khushal
Published: September 2019

This chapter examines the meaning and the continuing significance of prerogative powers. Prerogative powers are those that were originally exercised by the Monarch before the modern parliamentary system was established. While most prerogative powers have now been replaced by statutory powers, prerogative powers remain important in some contexts, especially in relation to the conduct of the United Kingdom’s foreign affairs. In this context the decision of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union is of particular importance. The chapter is organized as follows. Section 2 considers the various legal foundations on which central government ministers may base their actions and compares prerogative and statutory powers. Section 3 examines prerogative power—a source of power possessed only by ministers in UK government and the monarch—in more detail. Section 4 considers the progress towards the reform of ministerial prerogatives.
Jones & Sufrin's EU Competition Law
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

EU Competition Law: Text, Cases, and Materials provides a complete guide to European competition law in a single authoritative volume. Carefully selected extracts from key cases, academic articles, and statutory materials are accompanied by in-depth author commentary from three experienced academics in the field. Thorough footnoting and referencing give a tour of the available literature, making this an ideal text and stand-alone resource for undergraduate and postgraduate students, as well as for competition law scholars engaged in specialized study. This seventh edition has been fully updated with detailed coverage and commentary on recent developments. These include the EU Courts’ judgments on Articles 101, 102 and 106 including Intel; cases on the Commission’s enforcement powers and judicial review; new legislation and guidelines on technology transfer; the revised de minimis notice; Commission actions in the digital economy, including the Google case; the directive on damages; and thorough discussion of ongoing developments in competition law such as the Commission's enforcement policy against cartels, the appraisal of mergers, the use of commitments decisions and the compatibility of EU competition procedures with human rights provisions.
Horizontal Cooperation Agreements
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

This chapter discusses EU competition policy towards horizontal cooperation agreements. It covers joint ventures; the contents of the 2010 Guidelines; the general approach to horizontal cooperation agreements in the Guidelines; information agreements; research and development agreements, including the block emption, Regulation 1217/2010; production agreements, including the block exemption on specialisation agreements, Regulation 1218/2010 ; purchasing agreements; commercialisation agreements; standardisation agreements; and agreements in particular sectors, such as the joint buying or selling of media rights to sports events.
Licensing Agreements and Other Agreements Involving Intellectual Property Rights
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: September 2019

This chapter examines some of the different types of intellectual property rights (IPRs) before outlining the relationship between intellectual property and both EU competition law and the EU free movement rules. It focuses, however, on IP licensing agreements and their treatment under Article 101. The chapter traces the development of EU competition policy to IP licensing agreements and examine the current Technology Transfer Block Exemption and the Guidelines in detail. It also examines patent settlement agreements (including pay for delay agreements), patnet pools, trade mark licences, trade mark delimitation agreements, and copyright (other than software) licences not covered by the TTBER and Guidelines.
2. Tenures and Estates
Authors: Bogusz Barbara , Sexton Roger
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the concepts of tenure and estates. It describes what tenure is in both the historical and modern-day context; describes what an estate is; and describes the various forms of estate. It covers feudal tenures; leasehold tenure; commonhold; estates; fee simple; fee simple estates before 1926; fee simple estates after 1925; modified fee simple estates; fee tail; life estates; estates in possession; estates in reversion; estates in remainder; and interests under trusts.
4. Protection of Legal and Equitable Property Rights in Unregistered Land
Authors: Bogusz Barbara , Sexton Roger
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the protection of legal and equitable rights in those titles that are still subject to the rules governing unregistered land, including the impact of the Law of Property Act 1925 on equitable interests. Regarding land which is unregistered title, the law divided the existing equitable interests into three groups: those registrable as land charges; those which are ‘overreachable’; and those which are neither registrable as land charges nor overreachable, and are therefore still subject to the doctrine of notice. It investigates the elements of the doctrine of notice and includes cases studies on legal and equitable property rights and constructive notice through failure to investigate. Finally, the position of successors in title to a purchaser without notice is considered.
5. Registration of Title—the Basic Principles
Authors: Bogusz Barbara , Sexton Roger
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles which govern the substantive registration of estates in land. It covers registration of title (mirror principle, curtain principle, and insurance principle); the form of the register (the property part, the proprietorship part, and the charges part); categories of rights in registered land; first registration of title; procedure where a sale or lease gives rise to first registration; grades of title; land certificates; conclusiveness of the register; dispositions of registered titles; and procedure on transfer of a registered title.
6. Interests Protected by Registration and Overriding Interests
Authors: Bogusz Barbara , Sexton Roger
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses which interests require protection by registration and how interests in registered land are protected. It demonstrates how the priority of interests in registered land is determined, providing a basic rule that the priority of any interest in registered land is determined by the date of creation. It discusses searches of the register. It also discusses how to determine what are overriding interests (ie unregistered interests which override registered dispositions) and the meaning of the term ‘actual occupation’.
4. International Sources of Law
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2019

This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining, the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on European Union and the Treaty on the Functioning of European Union. Disputes are adjudicated by the Court of Justice of the European Union. Although the UK voted to leave the EU, it is not known when this will happen, meaning EU law will remain part of UK law for the time being.
8. The Judiciary and their Appointment
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2019

This chapter provides an introduction to the courts and tribunals judiciary. It discusses the judicial office, judicial appointments, judicial diversity, and judicial training. There are different levels of judges within the courts and tribunals, with the senior judiciary comprising the Lord Chief Justice and Heads of Division. The Lord Chief Justice is the Head of the Judiciary. The Head of the Tribunals is the Senior President of the Tribunals. There are also part-time members of the judiciary known either as district judges, recorders, or Deputy High Court Judges depending on which court they sit in. This chapter assesses the similarities and differences between the court judiciary and tribunal judiciary. The quasi-judicial role of magistrates is also considered in this chapter. Discussing them in this chapter allows for their role to be considered and contrasted with that of district judges (magistrates’ courts) who also sit within the magistrates’ court.
18. Remedies and Appeals
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2019

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.
20. The Future
Authors: Gillespie Alisdair A. , Weare Siobhan
Published: September 2019

This chapter makes a number of predictions for the English legal system in the coming years. It examines five main issues: continued membership of the Council of Europe, how devolution could affect the legal system of England and Wales, future directions for legal education, the transformation of the justice system through modernization, and the consequences of the vote to leave the European Union.
3. Sovereignty and sources of law
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: September 2019

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 examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.
10. Free movement of goods
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the principle of the free movement of goods in the context of the internal market. It covers the stages of economic integration; the principle of non-discrimination; the main Treaty provisions governing the free movement of goods; the meaning of ‘goods’; Article 30 TFEU: the prohibition of customs duties and charges having equivalent effect; charges for services rendered; Article 110 TFEU: the prohibition of discriminatory taxation; and Articles 34 and 35 TFEU: the prohibition of quantitative restrictions and measures having equivalent effect. This chapter also considers Treaty and case law-based derogations from free movement rules including Article 36 TFEU, Cassis de Dijon, and Keck v Mithouard. Finally, this chapter explores a potential new category of measures having an equivalent effect.
12. Freedom of establishment and freedom to provide and receive services
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: September 2019

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 first discusses the freedom of establishment, distinguishing between the freedom of establishment for natural persons and the freedom of establishment for legal persons; and then considers the freedom to provide and receive services, explaining the possible derogations to both freedoms.
15. Enforcement of EU competition law
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: September 2019

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.
12. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998
Authors: Faragher Colin
Published: September 2019

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits-based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of Convention rights is alleged is explored by examining a number of significant House of Lords cases.
5. Psychiatric injury
Authors: Brennan Carol
Published: September 2019

This chapter discusses the law on psychiatric injury. Psychiatric injury which is not derived from physical injury is a type of damage which is not always recoverable in negligence. It is an aspect of duty of care. The range of allowable actions has evolved through developments of control mechanisms in the common law, often policy based. The legal distinction between the primary and secondary victim is explored, as are more atypical situations. The four key cases are McLoughlin v O’Brian (1983), Alcock v Chief Constable of South Yorkshire Police (1991), Page v Smith (1995), and White v Chief Constable of the South Yorkshire Police (1999).
2. Contract I: essential features of a contract
Authors: Marson James , Ferris Katy
Published: September 2019

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the essential features of a contract. Offer and acceptance are the first stages in establishing an agreement that may form a legally binding contract. An offer may be accepted at any point until it is terminated. Acceptance can only be made by the offeree or their agent. Consideration is the bargain element of a contract and may be referred to as the ‘price of a promise’. The parties must intend for an agreement to establish legal relations to create an enforceable contract. Presumptions exist in relation to social/domestic agreements and business/commercial agreements.
3. Contract II: mistake, misrepresentation, duress, and undue influence
Authors: Marson James , Ferris Katy
Published: September 2019

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter considers contract law and the factors that may affect the contract or its validity: mistake, misrepresentation, duress, and undue influence. A contract may be held void due to a fundamental mistake, as the parties did not have a true agreement. An action under misrepresentation is available if an untrue representation is considered ‘actionable’. If a contract is established on the basis of violence (or a threat), or unlawful economic pressure, this may be considered to be a case of duress. Where undue influence has been used to form the contract, it will be voidable.
11. Intellectual property and data protection
Authors: Marson James , Ferris Katy
Published: September 2019

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on intellectual property and data protection. The law of copyright is governed by the Copyright, Designs and Patents Act (CDPA) 1988 that protects original materials including literary, dramatic, musical, artistic works, and typographical arrangements. The Trade Marks Act 1994 protects the owner of any sign capable of being represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of another. Registration of a patent prevents others from making, using, or selling the same product without permission. The protection lasts for five-year periods (to a maximum of 20 years). The changes introduced through the Data Protection Act 2018, the General Data Protection Regulation, the Law Enforcement Directive and the Intellectual Property (Unjustified Threats) Act 2017 are also discussed.
9. Remedies of the unpaid seller
Authors: Baskind Eric
Published: September 2019

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter considers the remedies that are available to a seller against the buyer for breach of contract and the position when the buyer refuses delivery of the goods. These are real remedies and personal remedies, which are set out in Parts V and VI of the Sale of Goods Act 1979. An example of a real remedy is a lien over the goods, whereas two examples of a personal remedy are an action for the price and damages for non-acceptance of the goods.
13. The relationships created by agency—the rights and liabilities of the parties
Authors: Baskind Eric
Published: September 2019

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the relationships created by agency, namely, the rights and liabilities of the agent, the principal, and the third party. It first explains disclosed agency as opposed to undisclosed agency with regard to the contract made by the agent, and then, after discussing the rights and liabilities of the principal and the third party, considers the rights of the agent against his principal, including remuneration, indemnity, and lien. The chapter examines the agent’s two kinds of duty to his principal (contractual duty and fiduciary duty) and discusses remedies for breach of fiduciary duty and how an agency may be terminated, as well as the effects of termination. It concludes by highlighting the provisions of the Commercial Agents (Council Directive) Regulations 1993.
1. Introduction to intellectual property and common themes
Authors: Press Tim
Published: September 2019

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.
6. Trade secrets, confidential information, and the protection of private information
Authors: Press Tim
Published: September 2019

This chapter focuses on the law of breach of confidence, which protects trade secrets and privacy. It is judge-made law, with its origins in equity. The action for breach of confidence now resembles a common law cause of action, but its equitable basis is still evident in the flexibility and discretion the judges adopt in deciding cases. The Human Rights Act 1998 required the courts to implement the right to private and family life. The courts have done this, in cases concerning private information, by extending the law to protect privacy where the information concerned was not secret. This is now regarded as a separate branch of the law. Special considerations also apply in relation to the duties employees owe to their employer both during and after their employment. There is a defence to an action for breach of confidence where publication is in the public interest.
8. Designs
Authors: Press Tim
Published: September 2019

This chapter discusses designs law, which is a collection of legal rights that can protect designers of products from having the appearance or shape of their products copied, or give them a monopoly over the commercial exploitation of a shape. Designs law is not about any literary or musical content recorded on a product—that will be protected by copyright. Similarly, the underlying technological ideas may be protected by a patent. In the UK, copyright in designs cannot be used to prevent designs for everyday, functional articles from being copied; only artistic designs can be protected by copyright. Design right protects non-artistic designs and registered designs, and protects designs which are new and of individual character by a monopoly right that lasts 25 years. Registered designs law has been harmonized by the European Union.
9. Passing-off and trade marks
Authors: Press Tim
Published: September 2019

Passing-off is a common law cause of action that protects traders with goodwill in their business against misrepresentations made by their competitors which confuse customers as to the source of goods or services. The typical passing-off scenario is where a trader, by the use of a brand name, logo, slogan, or packaging, deceives customers into thinking that its products or services are associated with another trader. Trade marks can be registered for signs or symbols that identify products or services as coming from a particular trader, so to be registrable a trade mark must be distinctive of a trader’s goods and not similar to any earlier registered mark, or a non-registered mark that is in use. Registration of a trade mark gives substantial advantages over relying on passing-off. The law of registered trade marks has been harmonized by the European Union.
8. Share transfer
Authors: French Derek
Published: September 2019

This chapter discusses some of the procedures to be followed when transferring some or all of a company member’s shares to another person, for sales on and off the London Stock Exchange, transfers of all or a part of a member’s holding and transfers of certificated and uncertificated shares. After describing share certificates and uncertificated shares, the chapter considers the problem of who should bear the loss when a transfer of shares is forged or fraudulent. It also explores transmission of shares on death or bankruptcy.
The Second Class
Authors: Rogers Holly , Maytan Margaret
Published: September 2019

Chapter 7 describes and provides scripts for teaching the second class in the Koru Basic series. The class begins with an opening meditation, then moves into “check-in.” During check-in, the students discuss their experience doing their mindfulness “homework” over the preceding week and ask questions. The mindfulness-based skill taught during the second class is walking meditation. The closing guided meditation teaches students to use a gatha, a meditation poem that is used to help anchor their awareness in the present moment. The chapter ends with closing comments for the class and frequently asked questions for the second class. Questions and answers in this chapter address goals of meditation, working with restlessness, working with thoughts, and strategies for staying consistent with meditation practice.