bluuebunny/crossref_metadata_2025 huggingface dataset:
5. Special duty problems: public bodies
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

Public bodies have extensive powers to act for the public benefit but often have limited resources. Difficult decisions have to be made, and if those decisions are wholly unreasonable they may be corrected by judicial review; that is, by public law remedies. A more difficult question is whether failure by a public body provides a private right of action to someone harmed (or not benefited) by the decision. While the general principles of duty of care apply (that is, proximity and whether it is fair and just to impose liability), there are several limitations on the liability of public bodies in negligence. This chapter first discusses the special common law principles applicable to the exercise of discretion by public bodies. It then considers specific problematic areas, including the difficulties involved in establishing duties of care by the emergency services before examining the effect of the Human Rights Act 1998 in establishing obligations owed directly by the state.
7. Breach of duty: the standard of care
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

Once it has been established that there is a sufficient relationship between the parties to establish a duty, the question then arises whether the defendant has been in breach of this duty. This involves a number of issues, many of which involve the judgment of the ‘reasonable man’. The defendant’s behaviour must have fallen below the level of the standard of care owed, which defines the level of safety a claimant is entitled to expect. The ‘reasonable man’ may give the impression of certainty where there is none, for whether it is reasonable to take a certain risk involves questions of economic and social policy which are rarely expressed in the law reports.
14. Invasion of privacy
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter discusses different aspects of privacy. It shows that there is no general common law right to protection from invasion of privacy (the so-called ‘right to be let alone’), but that limitation has been largely subverted by the new law in the second section on the protection of personal information and the reasonable expectation of privacy that has developed significantly in recent years. This shows the potential power of the Human Rights Act 1998 and the European Convention on Human Rights, and is the subject of considerable controversy, especially in relation to the protection of celebrity privacy. The final section considers remedies in privacy cases.
15. Defamation
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter focuses on defamation which enables an individual (or, more controversially, a company) to prevent the publication of, or recover damages for, public statements which make, or are likely to make, people think less of them. At its heart is a balance between freedom of speech (protected under the European Convention on Human Rights and the Human Rights Act 1998) and the interests of an individual in the protection of their reputation. The chapter examines the Defamation Act 2013 and explains who can sue for, and be liable in, defamation, when a statement is ‘defamatory’ and innuendo. It also considers the defences of truth, honest opinion, publication in a matter of public interest and privilege. It concludes with a discussion of damages for defamation.
18. Vicarious liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

Vicarious liability is a system whereby an employer is liable for the torts of his employees committed in the course of employment. The principle of placing liability on the employer as well as upon the individual tortfeasor is mainly justified by the concept of loss distribution; that is, that the employer will usually be better able to distribute the loss, either through insurance or through his customers. This chapter begins with a definition of an employee. It then discusses the liability of the employee; how an employer is liable for the torts of his employee only if the act is committed ‘in the course of his employment‘; and liability for independent contractors.
19. Damages for death and personal injuries
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

The law relating to damages for personal injuries is a large and complicated subject. Where a living claimant sues, the award will usually be for a lump sum to compensate for such matters as loss of future income, pain, suffering and loss of amenity. This once and for all payment has the advantage of finality and is preferred by many claimants, but there may be occasions where it is inappropriate. The chapter focuses on what damages are awarded for in tort law and how they are calculated, as well as some of the criticisms and problems that such calculations often raise. It discusses types of action for damages, calculation of loss of earnings and other losses and intangible losses.
1. Introduction to the Issues
Authors: Barnard Catherine
Published: August 2019

This book focuses on the rules interfering with movement across EU Member States. This chapter places these rules in context. It discusses the importance of free trade; the different stages of integration; understanding the integration process; and the principles underpinning the common market.
2. Fiscal Measures: Customs Duties and Internal Taxation
Authors: Barnard Catherine
Published: August 2019

This chapter provides an overview of the rules on the free movement of goods, and how the various provisions interrelate. It discusses the scope of the Treaty provisions on goods. It then turns to examine Articles 30 and 110 TFEU. Article 30 TFEU prohibits both customs duties and charges having equivalent effect to a customs duty. Article 110 TFEU applies to discriminatory or protective charges levied internally within a state. Cases on the borderline between Articles 30 TFEU and 110 TFEU are also considered: the situation of a charge imposed on a product not produced in the Member State (the so-called exotic import); para-fiscal charges (those charges that apply to all goods but are then refunded in some form to the domestic producer); and other levies which appear to apply to all goods but are in fact targeted at the imported good.
5. Derogations and Justifications
Authors: Barnard Catherine
Published: August 2019

This chapter examines the specific derogations under Article 36 TFEU, the mandatory requirements developed by the Court, and the application of the principles of proportionality and fundamental rights. It considers the so-called ‘Mutual Recognition’ Regulation adopted as part of the Commission’s 2007 ‘Package on Internal Market for Goods’ and its revision by Regulation 2019/515
7. Free Movement of Workers and the Self-Employed
Authors: Barnard Catherine
Published: August 2019

This chapter focuses on the rights given to workers under Article 45 TFEU and to the self-employed under Article 49 TFEU. In respect of workers the chapter also considers Regulation 492/11 and the Enforcement Directive 2014/54. It explains the definition of a ‘worker’ and then discusses the rights conferred on workers, particularly the rights to social welfare benefits. For the self-employed it considers the scope of application of the Treaty and the rights enjoyed by the self-employed including under the Mutual Recognition of Diplomas Directive 2005/36.
11. Freedom of Establishment and Freedom to Provide Services: Legal Persons
Authors: Barnard Catherine
Published: August 2019

This chapter examines the restrictions on both access to, and exercise of, freedom of establishment and freedom to provide services by legal persons (companies, branches, agencies, and subsidiaries). It also discusses the Services Directive 2006/123 which in part codifies and in part develops the Court’s approach to both freedom of establishment and free movement of services.
12. Derogations and Justifications
Authors: Barnard Catherine
Published: August 2019

This chapter examines the express powers given to the Member States by Union law to prevent or restrict migrants from enjoying in full the rights enjoyed by workers, the self-employed, providers/receivers of services, and of citizens in the host State. The express derogations laid down by the Treaty fall into two categories: general derogations (public policy, public security, and public health); and specific derogations (employment in the public service). It also examines the exceptions found in the Citizens’ Rights Directive 2004/38
14. Regulating the Internal Market
Authors: Barnard Catherine
Published: August 2019

This chapter examines the power to harmonize (that is, the power to adopt legislative acts and the possibility to supplement them by non-legislative acts), the different approaches to harmonization adopted by the Union, and the problem of the implementation and enforcement of Union standards. By setting harmonized standards, EU law enables goods, persons, services, and capital to move freely. When viewed from this perspective, harmonization is the complement of the four freedoms. However, it remains a sensitive matter both legally and politically. It also examines the evolution of the digital internal market.
4. Using legislation
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter discusses how to use legislation. It first looks at the ‘anatomy’ of an Act of Parliament and describes each of its composite parts. It then considers the various means by which the courts can interpret the wording of statutory provisions, including a discussion of the impact of the European Communities Act 1972 and the Human Rights Act 1998.
7. Using cases
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter explains how to use cases. It first looks at the ‘anatomy’ of a law report, before considering the means by which the key legal principles can be extracted from the case. Once the legal principles are known it considers the extent to which those principles are binding on other courts via the doctrine of judicial precedent. Finally, it examines the impact of both the Human Rights Act 1998 and EU law on the operation of precedent.
14. Essay writing
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter focuses on essay writing. Earlier sections of the book outlined techniques for locating and understanding primary and secondary legal sources. The chapter builds upon those skills by exploring the ways that this source material can be used in coursework. It guides students through the stages of planning, research, and construction of an essay, with practical advice on interpreting the question and producing a structured response that demonstrates the required skills and knowledge.
19. Mooting skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter provides a step-by-step guide to assist students through the process of preparing and delivering a moot argument with reference made to associated issues, such as conducting legal research and production of a skeleton argument. It highlights the aspects of mooting that students often find worrying or difficult, such as formulating a flowing argument, developing a confident oral presentation style, and dealing with judicial interventions. The chapter is a general guide that will be invaluable for preparation of any moot but a sample moot is used throughout as a source of specific explanation and illustration.
European Intellectual Property Law
Authors: Pila Justine , Torremans Paul
Published: August 2019

European Intellectual Property Law offers a full account of the nature, context, and effect of European IP law. The amount and reach of European law- and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European IP regimes as mere adjuncts to domestic and international regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main European IP systems, including the areas of substantive IP law on which they are based. The result is a full account of the European intellectual property field, presented in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. By drawing selectively on examples from domestic IP regimes, the text also illustrates substantive differences between those regimes and demonstrates the impact of European law and decision-making on EU Member States. The result is a modern treatment of European IP law that goes beyond a discussion of the provisions of individual legal instruments to consider their wider context and effect.
1. An Introduction to Domestic and International Intellectual Property Law
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter commences the discussion of the European law of IP by introducing the domestic and international IP systems that preceded and continue to exist alongside it. It starts with the ‘what, how, and why’ of IP law in general—what it is, how it came to be, and why it exists—and proceeds to consider European IP law as part of an international network of IP laws that, while being a product of the domestic IP laws of individual European states, nonetheless differs from those laws in three related aspects. First, unlike domestic IP laws, many international laws operate by establishing legal standards for states to implement within their own territories rather than by regulating the behaviour of those states’ citizens. Second, the need for international legal communities to accommodate the diverse values and legal traditions of their member states makes their IP laws and policies less likely to reflect a single model or justificatory theory of IP than those of individual countries. And third, a central aim of international European IP communities is to supplement or substitute domestic laws and policies with European laws and policies in pursuit of European objectives, including some that stand in tension with domestic interests, such as the abolition of territorial restrictions on the operation of IP regimes.
7. Secondary Patentability Requirements
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter considers the secondary patentability requirements of the European Patent Convention (EPC). It assumes the existence of a subject matter for which a European patent may validly be granted, and focuses on the legal tests for determining its novelty, inventive step, and susceptibility of industrial application in accordance with Articles 54 to 57 EPC and the corresponding provisions of the EU Biotech Directive for biotechnological inventions.
15. Infringement and Revocation of the Trade Mark
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter considers EU law on trade mark infringement. The basic criteria for an infringement action are established by Article 5 of the Trade Mark Directive and Article 9 of the Trade Mark Regulation. If a mark is already on the register, it is an infringement to use the same mark for the same goods or services. If either, or both, of the two marks and the product in question are similar rather than identical, there will be an infringement if the later use of the earlier mark is likely to cause confusion to the public. Finally, unauthorized use of an identical or a similar mark, even on totally different goods, will also be an infringement if the repute of the original mark would be harmed by such a use. The remainder of the chapter deals with the three main paragraphs on infringement, Articles 5(1)(a), (b) and (2) in the Directive and Article 9(1)(a), (b) and (c) of the Regulation respectively, each of which deal with a different form of trade mark infringement. This is followed by discussions of exceptions to infringement and the revocation and invalidity of trade marks.
17. Unfair Competition Law
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter focuses on EU law on unfair competition. Unfair competition law is concerned with fair play in commerce. It normally acts in tandem with its more powerful, but much more narrowly focused, counterpart competition law. Together they are generally regarded as necessary in order to steer competition along an orderly course. And they thereby contribute to promoting an efficient market system that serves the interests of all participants. While there is no single EU instrument that deals with unfair competition law as a whole, there is a significant level of EU legislative intervention in relation to comparative and misleading advertising and in relation to unfair business-to-consumer commercial practices; each of these are discussed in detail.
19. Designs
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter considers design law in the EU. Designs have something to do with shape and they are closely linked with the concept of a trade mark for a three-dimensional shape. Under the Community Designs Regulation, a single registered design right is granted in essence and this is done for the whole of the EU. That system is administered by the Office for Harmonization in the Internal Market (OHIM), which also administers the Community trade mark (Article 2 of the Regulation). As with the Community trade mark, the Community design right has a unitary character (Article 1(3) of the Regulation). The remainder of the chapter discusses the requirements for the grant of a registered design; grounds for refusal of registration; rights of the owner and infringement; ownership of and entitlement to a registered design; grounds for invalidity of a registered design; duration of the registered design right; and international commercial exploitation of registered designs.
20. Introduction to Rights in Data and Information
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter provides an overview of rights in data and information. It discusses the impetus for the creation of ‘rights’ in information, which is found in the financial investment in the gathering and the organization of the data and information. This area is entirely about the protection of investment against the ease of copying. The nature of what emerges is therefore also radically different from the traditional IP rights. Traditional IP rights such as patents, trade marks, and copyright are exclusionary rights, but they are transferable in nature. One can assign these rights. But in the area of ‘rights’ in information, non-transferability is the norm.
24. Enforcement
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter looks into preliminary aspect of private international law, focusing on jurisdiction and choice of law. Before enforcement actions can get off the ground we need to know which court will have jurisdiction and which law that court will apply. Jurisdiction is based on the domicile of the defendant as a basic rule, but alternative fora are available. The courts of the place of the harmful event may also have jurisdiction and there are special rules for multiple defendant cases. Validity cases are subject to exclusive jurisdiction rules. In terms of choice of law, the law of the country for which protection is sought takes centre stage when it comes to IP. It is the law applicable to the IP right as such and it also applies to infringement.
5. Murder
Authors: Child John , Ormerod David
Published: August 2019

This chapter focuses on the offence of murder within the context of criminal law, with particular emphasis on its problematic and controversial nature. It first considers the definition of murder in terms of actus reus and mens rea. It then discusses the defences to murder, including general defences, specific complete defences, and partial defences (e.g. loss of self-control, diminished responsibility, and suicide pact). It also outlines potential options for legal reform concerning the mandatory life sentence and the mens rea of murder, and concludes by presenting a structure for applying the actus reus and mens rea for murder to problem facts. Relevant cases are highlighted throughout the chapter, and there are also boxes that highlight common pitfalls to avoid and other areas of confusion for those new to the law.
12. Parties to crime
Authors: Child John , Ormerod David
Published: August 2019

This chapter examines the criminal liability of parties to a crime. Where D involves herself in the crime of another, and that crime is completed, D may not just be liable for her inchoate role, but may be additionally liable as an accomplice. As such, she is labelled and punished in the same way as the principal. This chapter begins with an overview of the current law of complicity and the circumstances where uncertainty can emerge in determining whether D is a principal or an accomplice. It then considers the elements of complicity by aiding, abetting, counselling, or procuring; the abolition of complicity by joint enterprise; the relationship between complicity and inchoate liability; and available defences. It outlines options for legal reform concerning complicity and the potential application of complicity within a problem question. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
1. Criminal law in context
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter answers the following questions: What is a crime? What purpose or function does the criminal law serve? What reasons are there for the criminalisation of some types of conduct? What are the purposes of punishment? What are the political and social contexts in which criminal law operates? The chapter provides an overview of key aspects of the criminal process, including mode of trial, the decision to prosecute, the burden and standard of proof, the functions of judge and jury, and sentencing. It also examines briefly discusses the impact of the European Convention on Human Rights on English law.
2. Actus reus
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter explains the concept of actus reus. It discusses the elements of crime, defining an actus reus, proving an actus reus, that conduct must be voluntary, state of affairs offences, omissions liability (situations in which a person will be liable for failing to act), causation (including the principles of factual and legal causation), and coincidence in time of actus reus and mens rea. A revised and updated Law in Context feature analyses critically English law’s approach to liability for causing another person’s suicide.
3. Mens rea
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Mens rea refers to the mental element necessary for a particular crime. This may differ from one crime to another and the definition of each crime must be examined to determine what state of mind is required. This chapter discusses the meaning of intention, knowledge, recklessness, wilfulness, direct intent, oblique intent, ulterior intent, transferred malice, and mistake. These mens rea topics raise important questions about the extent to which a person is responsible and therefore deserving of blame and punishment. A revised and updated Law in Context feature examines critically the debates between those who favour subjectivist and objectivist approaches to mens rea, with particular reference to reform of the offence of unlawful act manslaughter.
4. Negligence and strict liability
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the meaning of negligence, arguments for and against negligence as a basis for criminal liability, the meaning of strict liability, the origins of strict liability, justifications for strict liability, identifying offences of strict liability, the presumption of mens rea in offences of strict liability, defences to strict liability, and strict liability and the European Convention on Human Rights. A Law in Context feature examines critically the use of strict liability as the basis for liability in the offence of paying for the sexual services of a person who has been subject to exploitation.
7. Parties to crime
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the meaning of accomplices, vicarious liability, joint enterprise liability, and corporate liability. All the parties to a crime are accomplices. The person who perpetrates the crime is referred to as the principal. Others, not being principals, who participate in the commission of an offence are referred to as accessories or secondary parties and will be liable to conviction if it is proved that they aided, abetted, counselled, or procured the commission of the crime by the principal. Vicarious liability is a form of strict liability arising from the master–servant relationship, without reference to any fault of the employer. A corporation is a legal person and therefore may be criminally liable even though it has no physical existence and cannot act or think except through its directors or servants.
8. Inchoate offences
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses inchoate crimes. A person does not break the criminal law simply by having evil thoughts. Where, however, a person takes steps towards effecting that plan to commit a substantive offence which is more than merely preparatory, he may in the process commit one of the inchoate crimes of attempt, conspiracy, or encouraging or assisting the commission of an offence. The chapter examines relevant offences in the Serious Crime Act 2007 concerning encouraging or assisting and the Act’s abolition of the offence of incitement. It outlines the legal protection from prosecution provided to particular vulnerable victims who might otherwise be liable for encouraging others to commit offences against them, such as some child victims of sexual offences. The chapter analyses the statutory offence of conspiracy and outlines common law offences of conspiracy to defraud and conspiracy to corrupt public morals or to outrage public decency. It examines the requirements for liability for attempt. The Law in Context feature examines critically the growing range of inchoate offences for terrorist offences.
10. Non-fatal offences against the person
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to ‘acid attacks’). The chapter analyses in detail consent as a defence to non-fatal offences against the person, including discussion of recent case law on whether consent is a defence to acts of ‘body modification’. The chapter also outlines necessity and lawful correction. The chapter’s Law in Context feature examines the scope of ‘hate crime’ legislation.
14. Further offences under the Theft Acts
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the following offences in the Theft Acts 1968 and 1978: making off without payment; burglary (including discussion of the key terms ‘entry as a trespasser’, ‘building’, and the ulterior offences); aggravated burglary; blackmail; handling stolen goods; and dishonestly retaining a wrongful credit. The Law in Context feature examines how burglars are sentenced, including the changing approach of the Court of Appeal, the ‘three strikes and you’re out’ mandatory sentence, and the publication of guidelines by the Sentencing Council.
10. Confessions
Authors: Munday Roderick
Published: August 2019

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 discusses the following: what constitutes a ‘confession’ under the Police and Criminal Evidence Act 1984 (PACE), s 82(1)?; when an accused’s silence may amount to an admission at common law, whether a denial can ever amount to a ‘confession’ under PACE, s 82(1); the conditions of admissibility of confessions under PACE; confessions made by mentally handicapped persons (PACE, s 77); the admissibility of evidence discovered in consequence of an inadmissible confession; using an inadmissible confession to show that the accused speaks, writes, or expresses himself in a particular way; the status of ‘mixed statements’; an accused’s admission is not normally evidence against other co-accused; an accused’s right to use his co-accused’s confession (PACE, s 76A); admissibility of confessions by third parties.
12. Identification evidence
Authors: Munday Roderick
Published: August 2019

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. A committee was set up in the mid-1970s under the chairmanship of Lord Devlin to report on identification evidence and identification procedures. Since publication of the Devlin Report both common law and statute have achieved much in reducing the risk of miscarriages of justice through mistaken identifications. This chapter discusses the following: the inherent unreliability of evidence of identification; the Court of Appeal’s decision in Turnbull; identification procedures and PACE Code D; and assorted methods of identification.
4. Patentability
Authors: Torremans Paul
Published: August 2019

This chapter discusses the conditions for the patentability of an invention. According to s. 1(1) of the UK Patents Act 1977, a patent may be granted only for an invention in respect of which the following conditions are satisfied: (a) the invention is new; (b) it involves an inventive step; (c) it is capable of industrial application; and (d) the grant of a patent for it is not excluded by subsections (2) and (3). Section 1(2) states that discoveries, scientific theories, and mathematical methods cannot be regarded as inventions and are thus not patentable; likewise barred from this status are works properly found within copyright, schemes for performing a mental act, playing a game, or doing business and computer programs, and also the presentation of information. Section 1(3) limits the role of patents by denying their protection to offensive, immoral, or antisocial inventions.
8. Patents—an overview
Authors: Torremans Paul
Published: August 2019

This chapter, which comments on the patent system, argues that while there is sufficient evidence to criticize the patent system, the mere fact that thousands of patents are granted annually suggests that all is not lost. Much of the law functions well and the time taken to grant a patent is a result of painstaking efforts to ensure that the invention fits in with the legal criteria. In so far as the patent system may be criticized, it is clearly having trouble getting to grips with ‘cutting edge’ issues, such as biotechnology, nanotechnology, and synthetic biology. The bottom line is that despite its imperfections, the patent system is a high-quality system involving detailed claims and their full examination.
10. The various types of copyright and the quality issue
Authors: Torremans Paul
Published: August 2019

This chapter discusses the conditions that a work must meet for it to attract copyright. Copyright will only exist if a work comes within the scope of a category of works defined in the Copyright, Designs and Patents Act 1988. The first set of categories requires some level of originality, and comprises literary, dramatic, musical, and artistic works. A second set involves mainly entrepreneurial rights. Originality as such is not required; often, these are derivative rights. This category includes films, sound recordings, broadcasts, and typographical arrangements of published editions.
11. Qualification
Authors: Torremans Paul
Published: August 2019

This chapter discusses the qualification requirement for copyright protection in the UK. The UK copyright system is based on the principle of national treatment contained in the Berne Convention for the Protection of Literary and Artistic Works 1886, in the Universal Copyright Convention, and in the TRIPS Agreement. This requires that authors connected with another member state are to be treated in the same way as a member state’s own authors and should receive the same copyright protection. That connection with a member state might be provided in two ways: the author may have a personal relationship with the member state, or the work may be first published in that member state.
20. Design and copyright
Authors: Torremans Paul
Published: August 2019

Aesthetic designs are protected under the provisions of the Registered Designs Act 1949, while functional designs are governed by the provisions of the Copyright, Designs and Patents Act 1988. This chapter discusses the natural overlap between design law and copyright, and the influence of the law reform in s. 51 CDPA 1988 on the defence created in the British Leyland case. It also looks at the reform of s. 52 CDPA 1988.
23. Designs—an overview
Authors: Torremans Paul
Published: August 2019

This chapter summarizes the discussion of the law on registered and unregistered designs. The Design Directive, as implemented in the revised version of the Registered Designs Act 1949, has put in place a modern system of registered design protection that does away with the aesthetical requirements of the old 1949 Act and only attempts to exclude technical matters that should, in principle, be dealt with by patent rather than design law. The continued enforcement of a domestic unregistered design right that was supposed to fit in seamlessly with a system of registered rights that no longer exists is no longer necessary. The overlap of protection creates confusion and an undue duplication of rights.
24. Trade marks—an introduction
Authors: Torremans Paul
Published: August 2019

This chapter discusses the historical roots of trade marks, the need for reform, and the rationale of a system of trade marks. Over the last decades, trade mark law has been harmonized in Europe; in the UK, the Trade Marks Act 1994 saw a sea change in the law of trade marks.
25. Trade marks—registrability and use
Authors: Torremans Paul
Published: August 2019

This chapter discusses the conditions that must be met before a sign can be registered as a trade mark. The Trade Marks Act 1994 defines a ‘trade mark’ as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of another’. No mark can be registered unless it satisfies the two vital, but related, factors of being a sign and also capable of distinguishing one trader’s products from those of others. The impact of the removal of the requirement that a sign is capable of being represented graphically from the text of the articles of the Directive is also examined.
28. Tortious protection of intellectual property rights
Authors: Torremans Paul
Published: August 2019

This chapter discusses the ways in which the common law, in the form of the law of tort, creates rights of action. It focuses on the torts of passing off and malicious falsehood, although attention is also paid to the ways in which defamation can assist. These rights are supplementary, and complementary, to the statutory formal rights. In particular, trade mark law and passing off closely overlap, although s. 2(2) of the Trade Marks Act 1994 preserves passing off as a separate cause of action.
30. Computer technology and intellectual property
Authors: Torremans Paul
Published: August 2019

This chapter discusses five issues: the availability of patent protection for computer hardware and for computer software (computer programs); copyright in computer software; databases and the sui generis right; the Internet; and semiconductor chip protection.
31. Character merchandising
Authors: Torremans Paul
Published: August 2019

Character merchandising does not have much in the way of specific recognition in UK law. In response, the character merchandising industry has sought legal protection via the adaptation of other intellectual property rights and their application to the merchandising field. This chapter discusses how copyright, trade mark law, and various torts combine to confer legal protection on character merchandising.
32. Remedies in intellectual property litigation
Authors: Torremans Paul
Published: August 2019

This chapter discusses the enforcement procedures used in relation to intellectual property rights, the civil remedies that apply, and some issues which arise in relation to the gathering of evidence in intellectual property cases. It identifies three essential elements in the relationship between intellectual property rights and remedies. First, there are the traditional remedies headed by damages that are normally granted at the trial. Second, intellectual property infringement often requires immediate action or a pre-emptive strike. Finally, gathering evidence that is vital for the full trial in an infringement case.
10. Frustration
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the frustration of a contract. Fundamental changes in the facts assumed by the parties, ‘frustrating events’ such as natural disasters and less catastrophic events, may fundamentally change the parties’ obligations and frustrate the contract. Frustration of a contract brings the parties’ obligations to an end; a less substantial, non-frustrating event will have no effect and the parties must continue to perform their obligations even if they have become more onerous. The discussions cover the allocation of risk, examples of frustration, limits on frustration, effects of frustration and the Law Reform (Frustrated Contracts) Act 1943.
11. Damages
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the principles by which contractual damages are assessed. The discussions cover the aim of contractual damages, the difference between damages in contract and in tort; the relationship between the expectation interest and the reliance interest; cost of cure and difference in value; remoteness of damage; foreseeability and assumption of risk; non-pecuniary losses; mitigation; contributory negligence; and penalties, liquidated damages and forfeiture.
Introduction to the English Legal System 2019-2020
Authors: Partington Martin
Published: August 2019

Introduction to the English Legal System 2019–2020 has been fully updated to consider the latest developments in the English legal system. The underlying theme is transformation. The criminal (Chapter 5), the administrative (Chapter 6), the family (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all engaged in a process of change designed to enable them to operate more efficiently; this involves major investment in the use of IT to deliver court and tribunal services. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9), and the results of enquiries designed to control the cost of litigating are considered (Chapter 10). Progress with Brexit is noted, although its final form and its impact on the English legal system are not yet known (Chapter 3). The book starts by introducing themes and structure, after which Part II looks at law, society, and authority and considers the purpose and functions of law. Part III examines the institutional framework and looks into the role of government, the criminal justice system, the administrative justice system, the family justice system, and the civil and commercial justice systems; Part IV describes the delivery and funding of legal services; and Part V offers a final reflection on the process of transformation and the challenges it should address.
2. Law and society: the purposes and functions of law
Authors: Partington Martin
Published: August 2019

This chapter discusses the social functions of law at both the macro and micro levels. The macro functions of law cover the relationship between law and different orders: public order, political order, social order, economic order, international order, and moral order. They also include the resolution of social problems, the regulation of human relationships, and the educative or ideological function of law. The micro functions of law include: defining the limits of acceptable behaviour, the consequences of certain forms of behaviour, and processes for the transaction of business and other activities, as well as creating regulatory frameworks, giving authority to agents of the state to take actions against citizens, preventing the abuse of power by officials, giving power/authority to officials to assist the public, and prescribing procedures for the use of law.
4. Shaping the legal system: the role of government
Authors: Partington Martin
Published: August 2019

This chapter considers the principal government departments that have been shaping and will continue to shape the English legal system. The leading department is the Ministry of Justice which is responsible for running and developing the courts and tribunals system. The chapter provides an overview of its functions. It also considers the Judicial Office, the Judicial College, and the Law Commission. The Home Office is responsible for many aspects of criminal justice policy. Mention is also made of the Department for Exiting the European Union, the Department for Business, Energy and Industrial Strategy, and other central government departments whose work impacts on the legal system.
5. The criminal justice system
Authors: Partington Martin
Published: August 2019

This chapter focuses on the criminal justice system. It contains summaries of the different social theories that underpin both the criminal justice system and the fundamental principles relating to sentencing policy. The system is examined in three segments: pre-trial stages, trial stage, and post-trial stages. Each is discussed in turn. This chapter emphasizes the holistic approach by looking not only at what happens in courts, but also the police station and in post-trial contexts such as parole and criminal cases review. The place of the victim in the system is also considered. Particular emphasis is placed on how the current system is changing in the quest for improved efficiency.
6. The administrative justice system
Authors: Partington Martin
Published: August 2019

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.
8. The civil and commercial justice systems
Authors: Partington Martin
Published: August 2019

This chapter discusses the civil and commercial justice systems. It considers the purpose of the civil justice system and also covers the use of alternative dispute resolution and the incentives to keep disputes out of the court. It looks at the court structure, the county court, the High Court, the newly created Business and Property Courts of England and Wales, and other courts and offices. It considers possible changes that may follow the courts and tribunals transformation project. It also considers routes of appeal and the work of the appeal courts.
9. Delivering legal services: practitioners, adjudicators, and legal scholars
Authors: Partington Martin
Published: August 2019

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.
2. The Union Institutions
Authors: Foster Nigel
Published: August 2019

This chapter discusses the EU’s institutional framework. This includes the Commission; the Council (of Ministers) of the European Union; the European Council; the European Parliament; the Court of Justice of the European Union; the Union’s advisory bodies; other Union bodies; and Union financing.
3. The Transfer of Powers and Union Competences
Authors: Foster Nigel
Published: August 2019

This chapter examines the multifaceted and increasingly complex relationship between the Union and the member states. It begins with the transfer of sovereign powers and democratic legitimacy of the Union, and the establishment of constitutionalism within the Union. The second section considers the division and control of competences between the Union and the member states and also, in this context, the principles of subsidiarity and proportionality, which are the political solutions to the very emotive questions about how power is shared between the Union and the member states.
4. EU Law: Sources, Forms, and Law-Making
Authors: Foster Nigel
Published: August 2019

This chapter examines the EU’s legal system. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.