bluuebunny/crossref_metadata_2025 huggingface dataset:
William & Glynn’s Bank v Boland [1981] AC 487, House of Lords
Authors: Nair Aruna
Published: September 2017

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in William & Glynn’s Bank v Boland [1981] AC 487, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal. The document also includes supporting commentary from author Thomas Webb.
Attorney General v Jonathan Cape Ltd [1976] QB 752, High Court (Queen’s Bench Division)
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Jonathan Cape Ltd [1976] QB 752, High Court (Queen’s Bench Division). The document also includes supporting commentary from author Thomas Webb.
Blackburn v Attorney General [1971] WLR 1037, Court of Appeal (Civil Division)
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Blackburn v Attorney General [1971] WLR 1037, Court of Appeal (Civil Division). The document also includes supporting commentary from author Thomas Webb.
Congreve v Home Office [1976] QB 629, Court of Appeal (Civil Division)
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Congreve v Home Office [1976] QB 629, Court of Appeal (Civil Division). The document also includes supporting commentary from author Thomas Webb.
Dimes v Proprietors of the Grand Junction Canal (1852) III House of Lords Cases (Clark’s) 759, 10 ER 301, House of Lords
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dimes v Proprietors of the Grand Junction Canal (1852) III House of Lords Cases (Clark’s) 759, 10 ER 301, House of Lords. The document also includes supporting commentary from author Thomas Webb.
Jackson v HM Attorney General [2005] UKHL 56, House of Lords
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jackson v HM Attorney General [2005] UKHL 56, House of Lords. The document also includes supporting commentary from author Thomas Webb.
O’Brien v Ministry of Justice (formerly Department of Constitutional Affairs) [2013] UKSC 6, Supreme Court
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in O’Brien v Ministry of Justice (formerly Department of Constitutional Affairs) [2013] UKSC 6, Supreme Court. The document also includes supporting commentary from author Thomas Webb.
Porter v Magill [2001] UKHL 67, House of Lords
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Porter v Magill [2001] UKHL 67, House of Lords. The document also includes supporting commentary from author Thomas Webb.
R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords. The document also includes supporting commentary from author Thomas Webb.
R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division)
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division). The document also includes supporting commentary from author Thomas Webb.
R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division)
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division). The document also includes supporting commentary from author Thomas Webb.
R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Chester) v Secretary of State for Justice [2013] UKSC 63, Supreme Court
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Chester) v Secretary of State for Justice [2013] UKSC 63, Supreme Court. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division)
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division). The document also includes supporting commentary from author Thomas Webb.
R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC))
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC)). The document also includes supporting commentary from author Thomas Webb.
R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. The document also includes supporting commentary from author Thomas Webb.
Ridge v Baldwin [1964] AC 40, House of Lords
Authors: Webb Thomas
Published: September 2017

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ridge v Baldwin [1964] AC 40, House of Lords. The document also includes supporting commentary from author Thomas Webb.
Essential Cases: EU Law
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in EU law. Each summary begins with a review of the main case facts and decisions. The summary is then concluded with expert commentary on the case from the author, Noreen O’Meara, including her assessment of the wider questions raised by the decision.
Keck and Mithouard (Joined cases C-267/91 and C-268/91), ECLI:EU:C:1993:905, [1993] ECR I-6097, 24 November 1993
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Keck and Mithouard (Joined cases C-267/91 and C-268/91), ECLI:EU:C:1993:905, [1993] ECR I-6097, 24 November 1993. The document also included supporting commentary from author Noreen O’Meara.
Plaumann v Commission (Case 25/62), ECLI:EU:C:1963:17, [1963] ECR 95, 15 July 1963
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Plaumann v Commission (Case 25/62), ECLI:EU:C:1963:17, [1963] ECR 95, 15 July 1963. The document also included supporting commentary from author Noreen O’Meara.
Prosecutor v Hans Åkerberg Fransson (Case C-617/10), ECLI:EU:C:2013:105, [2013] 2 CMLR 46, 26 February 2013
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Prosecutor v Hans Åkerberg Fransson (Case C-617/10), ECLI:EU:C:2013:105, [2013] 2 CMLR 46, 26 February 2013. The document also included supporting commentary from author Noreen O’Meara.
Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), ECLI:EU:C:1991:378, [1991] ECR I-4685, 4 October 1991
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), ECLI:EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also included supporting commentary from author Noreen O’Meara.
Van Duyn v Home Office (Case 41/74), ECLI:EU:C:1974:133, [1974] ECR 1337, 4 December 1974
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Van Duyn v Home Office (Case 41/74), ECLI:EU:C:1974:133, [1974] ECR 1337, 4 December 1974. The document also included supporting commentary from author Noreen O’Meara.
Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), ECLI:EU:C:2006:325, [2006] ECR I-4325, 16 May 2006
Authors: O'Meara Noreen
Published: September 2017

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), ECLI:EU:C:2006:325, [2006] ECR I-4325, 16 May 2006. The document also included supporting commentary from author Noreen O’Meara.
B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Barnes [2004] EWCA Crim 3246, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Barnes [2004] EWCA Crim 3246, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Blaue [1975] 1 WLR 1411, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Blaue [1975] 1 WLR 1411, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Bree [2007] EWCA Crim 804, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bree [2007] EWCA Crim 804, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Cheshire [1991] 1 WLR 844, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Cheshire [1991] 1 WLR 844, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Coley [2013] EWCA Crim 223, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Coley [2013] EWCA Crim 223, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Collins [1973] QB 100, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Collins [1973] QB 100, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Dica [2004] EWCA Crim 1103, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Dica [2004] EWCA Crim 1103, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Howe [1987] AC 417, House of Lords
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Howe [1987] AC 417, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Kennedy [2008] 1 AC 269, House of Lords
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kennedy [2008] 1 AC 269, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Shivpuri [1987] AC 1, House of Lords
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Shivpuri [1987] AC 1, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v SO [2013] EWCA Crim 1725, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v SO [2013] EWCA Crim 1725, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Stone and Dobinson [1977] 1 QB 354, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Stone and Dobinson [1977] 1 QB 354, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Thabo Meli [1954] 1 WLR 228, Privy Council
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Thabo Meli [1954] 1 WLR 228, Privy Council. The document also included supporting commentary from author Jonathan Herring.
Re A (Children)(Conjoined Twins) [2001] 2 WLR 480, Court of Appeal
Authors: Herring Jonathan
Published: September 2017

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re A (Children)(Conjoined Twins) [2001] 2 WLR 480, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
2. Employment status
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about employment status. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of employment status including definitions of employee and worker, the common law tests for determining whether a contract of employment exists, and discussion on the changing nature of the labour market including the gig economy. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
4. Termination of the contract of employment
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about termination of the contract of employment. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of termination of the employment contract including the different ways a contract may be terminated, the meaning of dismissal, the right to reasonable notice, and wrongful dismissal. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
6. Statutory employment protection and related contractual issues
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory employment protection and related contractual issues. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory employment protection including eligibility requirements for the right not to be unfairly dismissed, the right to written reasons for dismissal, statutory minimum notice periods, the right to be accompanied to disciplinary hearings, and the ACAS Code of Practice on Disciplinary and Grievance Procedures. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
8. Statutory redundancy payments and consultation procedures
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory redundancy payments and consultation procedures. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory redundancy pay including the qualifying period to be eligible, the definition of redundancy, procedural fairness, case law on ‘work of a particular kind’, bumping, suitable alternative employment, and calculating statutory redundancy pay. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
9. Equality law
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about equality law. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of equality law including the range of protected characteristics, direct discrimination, indirect discrimination, harassment, victimisation, and the duty to make reasonable adjustments. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
11. Statutory rights regulating the employment relationship
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory rights regulating the employment relationship. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory rights including protections regarding working time such as the right to annual leave and rest breaks, whistle-blowing, and rights regarding lay-offs. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
12. Trade unions and industrial action
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about trade unions and industrial action. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of trade unions and industrial action including the nature and role of trade unions, membership rules, balloting and notice requirements for industrial action, picketing, and tort liability. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.
14. Mixed topic questions
Authors: Russell Roseanne
Published: September 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions which cover a mixture of topics. The questions require you to cover a range of material covered in your module. Through a mixture of problem questions and essays, students are guided through a combination of topics that may typically be examined together in an employment law question. Guidance is given on how best to approach mixed questions including the benefits of not viewing topics in isolation and how best to demonstrate the range and depth of knowledge required in a mixed topic question.
15. Skills for success in coursework assessments
Authors: Russell Roseanne
Published: September 2017

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This chapter gives advice on skills for success in coursework assessments. It covers how best to research a topic, what is meant by ‘critical analysis’, how to maintain relevance and focus on a question, and how to reference appropriately. The chapter ends with a handy checklist for students to use when working on an employment law essay.
1. General Introduction
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter first discusses the historical development of tort law, covering the origins of tort law; the forms of action; the development of fault-based liability; eighteenth-century developments; the classification of obligations; and the modern pre-eminence of negligence. It then turns to theories of tort, covering the aims of the law of tort and doctrinal classifications. Finally, the chapter considers modern influences on tort law, covering the influence of insurance; the influence of human rights; and concerns about ‘compensation culture’.
3. Negligence—Introduction
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter introduces the tort of negligence. It first discusses the formulation of a general duty of care, highlighting the case of Donoghue v Stevenson, which established the pre-eminent role of the ‘duty of care’ concept in the tort of negligence. The chapter then turns to the role of the duty of care concept in modern negligence law, before considering the impact of the Human Rights Act 1998 on the law of negligence.
8. Negligence: Duty of Care—Economic Loss
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter examines liability for economic loss in negligence. It discusses the basic exclusionary rule in respect of pure economic loss; defective product economic loss; the Hedley Byrne exception; the development of Hedley Byrne liability; Hedley Byrne and the three-stage Caparo test; and White v Jones. The final section of the chapter first considers an economic analysis of the liability rules in this area, and then introduces the debate between rights-based and policy-based critiques of the current law.
9. Negligence: Duty of Care—Omissions and Acts of Third Parties
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter examines liability for omissions and for the acts of a third party in negligence. Despite the general principle excluding liability for omissions, liability may arise in certain exceptional circumstances, but no precise categorisation is possible of the various situations in which a duty of affirmative action is recognised. The question of liability for the acts of a third party often overlaps with the question of liability for omissions because in a third party case the complaint is often of an omission, for example a failure to control a third party, or to prevent a dangerous situation from being sparked off by a third party. But not all third-party cases involve omissions. Sometimes the complaint is simply that the defendant provided the third party with the opportunity or the means to injure the claimant, and it is that conduct which is alleged to be negligent, regardless of whether the defendant unreasonably failed at some subsequent point of time to intervene to prevent the injury.
10. Negligence: Duty of Care—Public Bodies
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter focuses on the negligence liability of public authorities. It discusses how negligence actions against public bodies may have both public and private law dimensions. The discussion of the public law dimension focuses on the mechanisms that have been employed in response to concerns about the political nature of some public authority decisions, and the fact that those decisions frequently involve the balancing of social or economic considerations, and the interests of different sections of the public. The discussion of the private law dimension of negligence actions against public bodies considers policy reasons for limiting the liability of public bodies and statutory responsibilities as a source of affirmative common law duties. The chapter concludes with a consideration of proposals for reform of the law in this area.
12. Nuisance and the Rule in Rylands v Fletcher
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter examines the two forms of nuisance action in modern law: public and private nuisance. Public nuisance is a crime which may give rise to tort liability. Private nuisance protects an occupier's right to use and enjoy her land free from unreasonable interferences. The chapter also discusses the rule in Rylands v Fletcher, which holds that where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier is liable for damage to the property of another caused by the escape. This is so irrespective of whether the occupier has been at fault.
14. Privacy
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.
15. Vicarious Liability
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

The law of vicarious liability traditionally operates so as to impose liability on an employer for the tort of an employee, but several conditions must be satisfied. This chapter discusses the development of and justification for vicarious liability; the employment relationship and relationships ‘akin to employment’; and the requirement that the tort be committed in the course of employment for vicarious liability to arise. The chapter also considers primary liability of an employer for the conduct of an employee or independent contractor, arising out of breach of a non-delegable duty of care.
16. Damages for Personal Injury
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

The tortious infliction of injury to another person is remedied through the award of damages. This chapter discusses the different types of damages (compensatory damages, restitutionary damages, exemplary or punitive damages, aggravated damages, nominal damages, and contemptuous damages); lump sums and periodical payments; and damages for personal injury (non-pecuniary losses, loss of earnings, medical care, and deductions).
18. How Tort Works
Authors: Lunney Mark , Nolan Donal , Oliphant Ken
Published: September 2017

This chapter discusses the role played by the law of tort in the compensation and prevention of personal injuries. It first examines the way that tort operates in practice: when are claims for compensation actually made; how are claims brought and how are they resolved; how much does it cost to bring a claim; is the compensation paid adequate; and who pays for it? The chapter then turns to evaluation, and focuses upon the ‘fault principle’ that is enshrined in the law of tort — the principle that compensation should only be paid to a person injured by another's fault. It considers how the law might depart from the fault principle by the development of strict liability or no-fault compensation, concluding with an examination of radical reform options involving the abolition of tort as a means of compensating for personal injuries.
6. Reservations and Derogations
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines reservations and derogations, the principal means by which a Contracting Party can avoid the full application of certain provisions of the European Convention on Human Rights (ECHR). It explains that Article 57 of the ECHR allows reservations to certain provisions, while Article 15 permits Contracting Parties to exclude the operation of certain Convention rights on a temporary basis. The chapter also discusses provisions of Articles 17 and 18 which seek to ensure that the Convention is not used to undermine the scheme of protection set out in it, and also considers the limitation of the use of restriction on rights.
7. The Right to an Effective Remedy
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the issue of remedy under the provisions of the European Convention on Human Rights (ECHR), addresses the question concerning the existence of an arguable complaint and the effectiveness of the remedy in the national legal order, and considers proceedings in cases involving violations by persons in an official capacity. It also discusses the approach of the Strasbourg Court in the determination of remedies and the increasing use of Article 13 to tackle repetitive cases by requesting respondent States to create remedies so that the complaints can be dealt with at national level.
8. The Right to Life
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the case-law of the Strasbourg Court related to the right to life. This includes cases concerning the death penalty and the extraterritorial application of the right to life, the prohibition of intentional killing by the State, positive obligations to protect life, the duty to investigate deaths, the rights of the unborn child, and euthanasia. The chapter suggests that the body of judgments concerning the right to life has become one of the richest and most dynamic of all the Convention case-law.
10. Protection from Slavery and Forced Labour
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter, which examines the provisions of the European Convention on Human Rights against slavery and forced labour, discusses the provisions of Article 4 and the judgments made by the Strasbourg Court in cases such as human trafficking. It considers the developments concerning human trafficking in cases such as Rantsev, which expanded on the positive obligations placed on the State.
11. Personal Liberty and Security
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the provisions of the European Convention on Human Rights on personal liberty and security, and discusses the provisions of Article 5, which aims to guarantee liberty of the person and to provide guarantees against arbitrary arrest or detention. It explains what amounts to a deprivation of liberty and considers the concept of arbitrariness. The chapter also criticises the rather confused and unclear text of Article 5, and discusses the interpretation of the Strasbourg Court of this article in its judgments.
16. Protecting Private Life, The Home, and Correspondence
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines Article 8 of the European Convention on Human Rights (ECHR) and its protection of private life, the home, and correspondence; analyses the scope of the protection of private life under ECHR; and provides the Convention definition of private life, home, and correspondence. It also discusses the judgments made by the Strasbourg Court in several relevant cases, including those involving freedom from interference with physical and psychological integrity, freedom to develop one’s identity, issues of health and sexuality, protection of one’s living environment, and protection of prisoners’ correspondence.
17. Freedom of Thought, Conscience, and Religion
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the protection of the freedom of thought, conscience, and religion in the European Convention on Human Rights. It explains the provisions of Article 9 and analyses the decisions made by the Strasbourg Court in several related cases, including those involving religious dress and symbols, manifestation of religion and belief by prisoners, conscientious objection to military service, and the recognition and authorisation of religious organisations.
18. Freedom of Expression
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.
19. Freedom of Assembly and Association
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the provisions for freedom of assembly and association in the European Convention on Human Rights, and discusses the provisions of Article 11, which covers the protection of political parties, other associations, and a bundle of trade union rights. It explains that the case-law under Article 11 can be divided into two categories: the first is concerned with political or democratic rights; and the second relates to the employment-based rights to join, or refuse to join, a trade union. It examines developments concerning the right to protest and trade union rights such as collective bargaining.
20. Protection of Property
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines protection of the right to property in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 1 of Protocol 1 and explains that all the provisions of the Convention, including Articles 13 to 18, apply equally to the rights guaranteed by the First Protocol. The chapter also suggests that the Strasbourg Court has come to approach the protection of property rights using much the same methodology as it adopts in relation to complaints of violations of the rights protected by Articles 8 to 11. It examines the application of the right to property to issues such as restitution and rent control.
21. The Right to Education
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the protection of the right to education in the European Convention on Human Rights (ECHR), discusses the provisions of Article 2 of the Protocol 1, and highlights the Strasbourg Court’s recognition of the connection of the right to education with the rights protected by Articles 8 to 10 of the Convention. It examines the developments concerning parents’ philosophical convictions and issues concerning religious symbols in the classroom.
22. The Right to Free Elections
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter examines the protection of the right to free elections in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 3 of Protocol 1 and highlights the increasing number of complaints of violations of this Article, which indicates that the Strasbourg Court is giving fresh emphasis to this provision as essential to the foundations of democratic legitimacy of the State. The chapter also discusses case-law on the nature of the legislature, electoral systems, the right to vote, and the right to stand for election.
25. Results and Prospects
Authors: Rainey Bernadette , Wicks Elizabeth , Ovey Andclare
Published: September 2017

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its case load and increase tis efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court.
Family Law Concentrate
Authors: Heenan Susan , Heenan Anna
Published: September 2017

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. Family Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so that you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers: families, civil partnerships, and cohabitation; nullity; divorce, dissolution, and judicial separation; domestic violence; financial provision on divorce or dissolution; The Children Act—the private law; The Children Act—the public law; adoption; and child abduction. This, the fourth edition, has been fully updated in light of recent developments in the law, including the Serious Crime Act 2013, recent case law on financial remedies, and the Law Commission Scoping Paper on Getting Married.
3. Divorce, dissolution, and judicial separation
Authors: Heenan Susan , Heenan Anna
Published: September 2017

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 divorce, dissolution, and judicial separation as means of ending marriage or civil partnership. It first considers the grounds for divorce/dissolution and highlights five facts that can be used to prove a marriage has irretrievably broken down: adultery, behaviour, desertion, two years’ separation with consent, and five years’ separation. The chapter then compares no-fault divorce with divorce based on fault and provides an overview of the Family Law Act 1996 and considers mediation as a way to resolve these sorts of disputes. Finally, it examines mediation as an alternative to the court process when dealing with divorce, dissolution, and judicial separation.
5. Financial provision on divorce or dissolution
Authors: Heenan Susan , Heenan Anna
Published: September 2017

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 financial provision on divorce or dissolution of marriage or civil partnership, including housing and everyday expenses of the parties and any children involved. It considers the courts’ statutory powers to redistribute property in case of divorce, nullity, judicial separation, or the dissolution of a civil partnership. The chapter explains how civil partners in the UK are treated under the Civil Partnership Act 2004 (CPA) and the courts’ application of the provisions of the Matrimonial Causes Act 1973 (MCA) in reaching a decision in divorce cases. It also discusses the three principles of financial needs, compensation, and sharing used by the courts in making an award; nuptial agreements; the Law Commission Report on Matrimonial Property, Needs and Agreements; and provision for children under the MCA, the CPA, the Child Support Act 1991, and the Children Act 1989.
9. International parent–child abduction
Authors: Heenan Susan , Heenan Anna
Published: September 2017

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 child abduction whereby a parent takes a child out of England and Wales. It looks at two forms of parent–child abduction—removal without consent, and retention once consent has expired—and considers methods of preventing child abduction, including port alerts and court orders. The chapter also discusses the role of the International Child Abduction and Contact Unit (ICACU) in the recovery of an abducted child under the Child Abduction and Custody Act 1985, as long as the child is in a country that is signatory to the Hague Convention 1980, Hague Convention 1996, or European Convention. It concludes by considering extradition of the guilty parent to the UK.
Mayson, French & Ryan on Company Law
Authors: French Derek
Published: September 2017

Mayson, French & Ryan on Company Law looks at all aspects of current UK company law. The 34th edition continues the tradition of providing accurate technical detail, examination of theory and quotations from key cases. The volume starts with an introduction to the topic. Next it looks at the area of establishment. It moves on to consider finance which includes an examination of shares, accounts, loans, market abuse, capital and borrowing. The next part of the text considers governance. It looks at shareholders, directors, duties of directors, corporate officers and promoters, remedies and acting for a company. The last section of the text examines insolvency and liquidation.