bluuebunny/crossref_metadata_2025 huggingface dataset:
Pseudospin-filter tunneling of massless Dirac fermions
Authors: Li 李 Zhengdong 政栋 , Zeng 曾 Wen 文
Published: September 2024

The tunneling of the massless Dirac fermions through a vector potential barrier are theoretically investigated, where the vector potential can be introduced by very high and very thin (δ-function) magnetic potential barriers. We show that, distinct from the previously studied electric barrier tunneling, the vector potential barriers are more transparent for pseudospin-1/2 Dirac fermions but more obstructive for pseudospin-1 Dirac fermions. By tuning the height of the vector potential barrier, the pseudospin-1/2 Dirac fermions remain transmitted, whereas the transmission of the pseudospin-1 Dirac fermions is forbidden, leading to a pseudospin filtering effect for massless Dirac fermions.
New cluster algebras from old: integrability beyond Zamolodchikov periodicity
Authors: Hone Andrew N W , Kim Wookyung , Mase Takafumi
Published: September 2024

We consider discrete dynamical systems obtained as deformations of mutations in cluster algebras associated with finite-dimensional simple Lie algebras. The original (undeformed) dynamical systems provide the simplest examples of Zamolodchikov periodicity: they are affine birational maps for which every orbit is periodic with the same period. Following on from preliminary work by one of us with Kouloukas, here we present integrable maps obtained from deformations of cluster mutations related to the simple root systems

A

3

,

C

2

,

B

3

and

D

4

. We further show how new cluster algebras arise, by considering Laurentification, that is, a lifting to a higher-dimensional map expressed in a set of new variables (tau functions), for which the dynamics exhibits the Laurent property. For the integrable map obtained by deformation of type

A

3

, which already appeared in our previous work, we show that there is a commuting map of Quispel–Roberts–Thompson (QRT) type which is built from a composition of mutations and a permutation applied to the same cluster algebra of rank 6, with an additional 2 frozen variables. Furthermore, both the deformed

A

3

map and the QRT map correspond to translation by a generator in the Mordell-Weil group of a rational elliptic surface of rank two, and the underlying cluster algebra comes from a quiver that is mutation equivalent to the q-Painlevé III quiver found by Okubo. The deformed integrable maps of types

C

2

,

B

3

and

D

4

are also related to elliptic surfaces. From a dynamical systems viewpoint, the message of the paper is that special families of birational maps with completely periodic dynamics under iteration admit natural deformations that are aperiodic yet completely integrable.
Detection of HIF Using Machine Learning Techniques: A Review
Authors: Yadav Guttimari Trivedh , Gowri Manohar T.
Published: September 2024

The major problem in Power Transmission and Distribution networks is to detect the High Impedance Fault (HIF) which is caused by a conducting medium when it comes in contact with a surface having high resistance value. HIF faults are hazardous to the public and a major task to deal with for operating personnel. The objective of this paper is to present review on the literature pertaining to the past research on such type of faults and the importance of Machine Learning Techniques for classifying and detecting them.
Assessment of groundwater vulnerability and risk to pollution in Con Dao island, Ba Ria - Vung Tau, Vietnam
Authors: Nguyen A H , Tam T N , Tat V M H , Vo Phu L
Published: September 2024

The assessment of groundwater vulnerability has been widely used to manage and prevent groundwater from contamination risk. This study applied the model of GIS-based GALDIT was for groundwater vulnerability and risk assessment in a coastal district of Con Dao island, Ba Ria-Vung Tau, Vietnam. The Groundwater Risk Assessment Model (GRAM) was used to assess the risk of groundwater pollution in the study region. The GALDIT model used six hydrogeological components to generate a GALDIT Index map, which illustrates how vulnerable the local groundwater is to contamination. The platform of GIS-based GRAM was exploited to construct risk maps related to salinity intrusion, hazard release, and hazard consequences. According to the findings, more than 80% of the groundwater in Con Dao district is vulnerable to saltwater intrusion, with the greatest concentration in the district’s central section. Only 18.12% of the district, in the Co Ong region to the northeast of the Con Dao district, has low or very low susceptibility. However, after accounting for contamination barriers and the capacity to identify and detect risks, it was shown that most areas, or around 87% of the study area, had transitioned to a low-risk level of groundwater pollution. The groundwater vulnerability and risk maps created serve as baseline information for decision-makers in governance and planning to effectively monitor and protect groundwater resources from pollution.
Environmental risk assessment of plastic waste from riverside traditional markets at Tra Vinh Province, Vietnam
Authors: Tuan Viet Tran , Thanh Thao Tran , Le Tam P.A. , Bao Son Trinh
Published: September 2024

Traditional markets in Mekong Delta are usually located close to waterways such as rivers, streams, or channels. Although market’s waste is collected daily, a significant volume of them, including plastic waste was dumped to surrounding aquatic environments. In this study, a total of 20 composite solid waste samples from 10 riverside markets in coastal districts of Tra Vinh Province, were collected. In the laboratory, after the determination of the physical composition of market waste samples, the plastic waste was classified into seven common types including PET, HDPE, LDPE, PVC, PP, PS, and others. Then, five markets with the highest solid waste generation were selected to collect one sediment and three water samples along the beside waterways to analyse bisphenol A (BPA) contents. The results showed that plastic amount in solid waste samples inside markets ranged from 23.3% to 36.7%, while those along the waterways presented 26.7% to 43.3%. The highest amount of plastic type was PET, followed by PP, LDPE, PS, HDPE, and PVC. The highest BPA contents in both water and sediment samples right in front of the riverside market gates suggested the high risk for aquatic environment around the markets.
Becoming Adolescents and Pulling Away
Authors: Kurz Demie
Published: September 2024

Chapter 2 provides background on the changes mothers face in their relationships with their teens when they enter adolescence, and the challenges these changes present for the process of letting go. Mothers of all backgrounds describe their teens as “pulling away” during this time. Their teens begin to see things differently from their parents, they want to make more of their own decisions, and they challenge their parents’ authority. Mothers must negotiate with teens over their rights and privileges as teens demand to make more of their own decisions. Negotiations can go smoothly, and mothers and teens can experience conflicts. As teens enter young adulthood, parents face new decisions about how to support their young adults while promoting their autonomy and independence during a time when gaining the credentials to reach adulthood has become a more lengthy process. Young adults need financial support for a longer period than in the past.
Glitchy transnationalism: When queer migrants meet the state online
Authors: Rachdi Hatim
Published: September 2024

Drawing on ethnographic research I conducted between May 2022 and January 2024 with queer migrants in Athens, Greece, I offer the conceptualization of “glitchy transnationalism” as a corrective to the transnational promise of queer digital media—the notion that these platforms can seamlessly facilitate connections across national boundaries among queer individuals (e.g., Grindr). I explore how this promise falters for two queer migrant individuals, Ziri and Tilila—both of whom I interpret as encountering two glitches. I argue that understanding these perceived transnational “failures” as glitches showcases the interplay of factors such as legal status, migrancy, race, sexuality, and gender identity in shaping the lived realities of queer migrants within transnational digital spaces. Ultimately, this research underscores the relationship between state dynamics and digital media in the lives of queer migrants, urging scholars to adopt a lens that recognizes glitches as diagnostic of power dynamics within queer digital realms.
The influence of cigR gene on the pathogenicity of Salmonella paratyphi A in vitro and in vivo
Authors: Yin Junlei , Wang Lijun , Shen Ronghua , He Jinjiao , Li Shaozu , Wang Huajian , Cheng Zhao
Published: September 2024

Salmonella Paratyphi A is the causative agent of paratyphoid fever A which is a serious threat to human health in many countries. The cigR gene located in Salmonella pathogenicity island 3 is a type III secretion system 2 effector gene. However, the influence of cigR gene on the pathogenicity of Salmonella Paratyphi A remains unclear. Here, a cigR gene deletion mutant of Salmonella Paratyphi A was constructed and its pathogenic changes were also evaluated. It was found that both the growth and biochemical features have not changed after the loss of cigR, but the absence of cigR significantly enhanced the replication and/or survival ability in phorbol-12-myristate-13-acetate (PMA)-differentiated human macrophage THP-1 cells and in mouse; the proliferative activity and apoptosis of PMA-differentiated THP-1 cell were significantly decreased and increased, respectively, after the lack of cigR gene; and the mutant showed increased virulence to a mouse infection model by decreased half-lethal dose (LD50) value and enhanced the proliferation ratio of bacteria in vivo. These results demonstrated that CigR is an anti-virulence factor and plays an important role in the pathogenicity of Salmonella Paratyphi A.
3. Environmental values, principles, and rights
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: September 2024

This chapter considers the role of values in environmental law and the ways in which the law balances different attitudes towards risks and the environment. It also explores the important role played by environmental principles, such as sustainable development, the Precautionary Principle, and environmental justice, and their legal significance before discussing the relevance of different types of rights relating to the environment.
10. Access to environmental justice and the role of the courts
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: September 2024

This chapter focuses on the scope of the public to challenge environmental decisions before the courts. A central focus is judicial review and the occasional reluctance of the UK courts to intervene in environmental law matters, deferring instead to administrative decision-makers. Central to this is also the rules of standing, the complex regime for costs protection (which is largely derived from the Aarhus Convention), and the general rules of public law. The chapter finishes with a discussion of alternative, non-judicial compliance bodies, including the Information Commissioner.
20. The Use of Force and the International Legal Order
Authors: Gray Christine , Sanger Andrew
Published: September 2024

This chapter examines the law on the use of force. It discusses the UN Charter scheme; the Prohibition of the Use of Force in Article 2(4) of the UN Charter; intervention, civil wars, and invitation; self-defence; the use of force under Chapter VII of the UN Charter; UN peacekeeping; and regional action under Chapter VIII of the UN Charter. The UN Charter provisions on the use of force by States, Article 2(4) on the prohibition of force, and Article 51 on self-defence, have all caused fundamental divisions between States. There is disagreement as to whether the prohibition on force should be interpreted strictly or whether it allows humanitarian intervention, as in Kosovo. There is also disagreement over the scope of the right of self-defence. The response to the 9/11 terrorist attacks has led to a fundamental reappraisal of the law in this area.
2. Constitutions and Constitutional Law
Authors: Elliott Mark , Thomas Robert
Published: September 2024

This chapter examines the specific functions and characteristics of constitutions in general terms—thinking of what the constitutions of western democratic countries are typically like—rather than with particular reference to the UK, and then considers how the UK’s constitutional arrangements measure up. The fact that important principles in the UK are not written into laws that have special, higher constitutional status does not mean that there are no such principles. The chapter then outlines lessons learnt from two periods in recent constitutional history: the ‘New Labour’ governments and the Brexit era; both of which, in constitutional terms, were characterised by far-reaching reforms. These topics provide an overview of the type—and importance—of the issues with which public law is concerned.
6. The UK Parliament
Authors: Elliott Mark , Thomas Robert
Published: September 2024

This chapter focuses on four principal issues concerning the UK Parliament. First, it addresses the democratic credentials of Parliament and what is meant by Parliament being ‘democratic’. Second, it considers parliamentary privilege. Third it examines Parliament’s legislative role which is principally a governmental function and involves Parliament holding the government to account. Fourth, it examines Parliament’s powers and parliamentary scrutiny. The chapter shows that, at least in constitutional theory, Parliament is ‘sovereign’, meaning that its authority to legislate is legally unlimited, and considers why this is, whether it is acceptable, and whether the notion of parliamentary sovereignty remains accurate today.
17. Public Inquiries
Authors: Elliott Mark , Thomas Robert
Published: September 2024

This chapter, which examines the nature, function, and legal framework of inquiries, also discusses the inquiry process and the effectiveness of inquiries. Inquiries have been widely criticised due to their chequered history—one that has been characterised by lengthy proceedings, high costs, and reports which have sometimes met with public dissension over the correctness of the conclusions reached or indifference from the government. They are also accused of being susceptible to manipulation by the government for its own political ends. Nevertheless, inquiries are an important mechanism for undertaking a detailed investigation into an issue of public concern and for holding government accountable.
1. Human Rights
Authors: Cançado Trindade Antônio Augusto , González-Salzberg Damián A.
Published: September 2024

Across three main sections, the chapter engages with a discussion about the meaning, histories, and critiques of the idea of human rights. It begins with an exploration of the concept of human rights from different philosophical approaches, and of the main characteristics associated with this idea. Then, the chapter undertakes an exploration of the (possible) history of the concept of human rights that we use in our days. The chapter concludes with a discussion of four different ‘critiques’ of human rights, providing theoretically-grounded tools to query the definition and history presented. The selected critiques are those grounded on Marxist, feminist, postmodern, and postcolonial theories.
2. The Development Of The International Law Of Human Rights
Authors: Cançado Trindade Antônio Augusto , González-Salzberg Damián A.
Published: September 2024

The chapter provides a discussion of the temporal and substantive development of the international law of human rights, starting with the creation of the United Nations, where the history of human rights was left in Chapter 1. It explores the process of adoption of the so-called ‘International Bill of Human Rights’—comprising the 1948 Universal Declaration of Human Rights and the two 1966 Covenants—and of the mechanisms for the implementation of the protected rights. The chapter places special emphasis on the ‘traditional’ debate concerning the distinction between civil and political rights, on the one hand, and economic, social, and cultural rights, on the other, to conclude that such a dated differentiation of rights should be considered a relic of the past. The chapter then engages in further reflections on the development of the international law of human rights, focusing both on the convergence of different regimes for the international protection of individuals, as well as on the meaning of time in the protection of rights.
4. International Law and Domestic Law
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: September 2024

The interaction between international law and domestic (or national or ‘municipal’) law demonstrates the struggle between State sovereignty and the international legal order. While the international legal order seeks to organise international society in accordance with the general interests of the international community, State sovereignty can be used to protect a State against the intervention of international law into its national legal system. This chapter discusses theories about the relations between international law and national law; national law on the international plane; international law on the national plane; and examples of international law on the national plane.
10. Peaceful Settlement of International Disputes
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: September 2024

An international legal order must have rules in regard to the settlement of disputes. These rules are particularly necessary in an international community where all States are not equal in terms of diplomatic power, access to weapons or access to resources, and where there is the potential for massive harm to people and to territory by States. This chapter discusses the general international legal obligations on States to settle disputes; non-judicial settlement procedures; arbitration; specific international tribunals; and the International Court of Justice and its interaction with the Security Council.
13. Law of the Sea
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: September 2024

The law of the sea is of great importance to the world community as reflected in the wealth of treaty law, customary law and judicial decisions concerning this subject. The most important of all is the United Nations Law of the Sea Convention 1982, which entered into force on 16 November 1994. This chapter discusses the rules governing the territorial sea and the contiguous zone; the continental shelf; the exclusive economic zone; the high seas; the deep seabed; and peaceful settlement of disputes.
4. Special duty problems: psychiatric harm
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

This chapter discusses the ‘special duty issue’ that arises when a person has suffered psychiatric harm as a result of the defendant’s negligence. This issue has an interesting history, for it was thought at first that a claimant could only succeed if he or she was within the range of physical impact. In other words, only the ‘primary’ victim could sue. Liability was later extended to secondary victims; that is, where the claimant was not at risk of physical injury, but saw or heard the accident which caused the shock with his or her own unaided senses.
8. Causation and remoteness of damage
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

This chapter discusses the concepts of causation and remoteness of damage. If it has been shown that a defendant owed the claimant a duty to take care and was in breach of that duty, liability can still be avoided if it can be shown that the breach did not cause the damage, or that the damage was too remote a consequence of the breach. Causation is initially determined on the balance of probabilities—a ‘but for’ test. A causation problem usually occurs when we look at the damage and see that it was actually caused by multiple different factors either combining together to bring about the damage, or each being sufficient in and of itself to have done so but where it cannot be determined which factor actually caused the harm. A remoteness problem can arise in two different situations: where the claimant is a foreseeable claimant and the damage has in fact been caused by the defendant’s act, but where the damage is either unpredictable in extent or unpredictable in nature.
9. Defences to negligence
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

This chapter considers three defences. It begins with a discussion of the principle of contributory negligence. It presents cases showing that the rules for establishing contributory negligence on the part of the claimant are not the same as the rules for establishing liability for negligence on the part of the defendant. It then turns to voluntary assumption of the risk or consent (sometimes referred to as volenti non fit injuria) which provides a complete defence to an action. The defence is based on the view that a person cannot sue if he consents to the risk of damage. Finally, the chapter considers the defence of illegality, which arises when the tortious action is in the context of the claimant’s and/or defendant’s participation in an unlawful act.
11. Product liability
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

This chapter deals with damage caused by defective products. It considers two separate legal regimes. The first is the ordinary law of negligence, and the second is the system of strict liability introduced by the Consumer Protection Act 1987, as required by a European Directive (85/374/EEC). The latter is limited to personal injuries and to damage to private property, so there are still many cases where a claimant has to rely on negligence. Also, the Act applies only to certain kinds of defendants (‘producers’), and a claimant will need to use negligence if, for example, he is injured by a defectively repaired product. One important point is that both systems apply only to damage to goods other than the defective product and not to damage which the defective product causes to itself: that is a matter solely for the law of contract.
14. Invasion of privacy
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

This chapter discusses different aspects of privacy. It shows that there is no historical 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 derived from the equitable principle of breach of confidence in recent years, developing a tort of misuse of personal information based on a ‘reasonable expectation of privacy’. 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.
16. Trespass to land and nuisance
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

This chapter considers two ‘land torts’: trespass to land and private nuisance. Trespass to land protects a person in possession of land against direct invasion of their property. The right to sue includes not only those with a proprietorial interest in the land, such as owners and tenants, but also those who have exclusive occupation such as squatters. The fact that any invasion of land, however minute and whether it causes damage or not, is a trespass, indicates that the primary function of this tort is to protect rights in property, rather than simply to provide compensation. The chapter continues by distinguishing between public and private nuisance. It then discusses the interests protected in private nuisance; the standard of reasonable user; the person(s) liable for nuisance; remoteness of damage; statutory authority and planning permission; and the effect of the Human Rights Act 1998 on nuisance claims.
19. Damages for death and personal injuries
Authors: Horsey Kirsty , Rackley Erika
Published: September 2024

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, including claims for bereavement.
2. The elements of a crime: actus reus
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

To begin, the chapter explores the key elements of criminal offences. Two factors are crucial: the event, behaviour, or state of affairs known as the external element or actus reus; and the state of mind known as the mental element or mens rea. This chapter discusses: the principle of actus reus, proof and the elements of the offence, how to identify elements of actus reus and mens rea, the effect of penalty provisions in determining the elements of the actus reus, actus reus and justification or excuse, the problematic case of Dadson with regard to actus reus, physical involuntariness, and a ‘state of affairs’ as an actus reus. Further, it reviews general liability for omissions and offences of mere omission. Finally, it analyses causation: ie the ‘but for’ principle, the connection between fault and result, negligible causes, and intervening acts.
3. The elements of a crime: mens rea
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

This chapter examines the mens rea, or mental fault, of the defendant. Because an actus reus is treated in law as a bad thing, an intention to cause it is, in law, a bad intention, ie a guilty mind. Similarly, consciously taking an unjustified risk of causing an actus reus—that is, recklessness—is also a bad state of mind. Unintentionally causing an actus reus by negligence may also be regarded as legally blameworthy. Each of these implies different degrees of ‘fault’. The chapter also discusses subjective and objective fault, intention in crimes other than murder, the distinction between motive and intention, subjective recklessness and malice, the difference between knowledge and belief, wilful blindness, and suspicion and reasonable grounds to suspect. It then goes on to consider the correspondence principle and constructive crime, transferred malice (or transferred mens rea), coincidence in time of actus reus and mens rea, ignorance of the law, mistake of law, absence of a ‘claim of right’ as an element in mens rea, and proof of intention and foresight.
8. Corporate and vicarious liability
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle, and the ‘attributed act’ principle. The chapter examines the failure-to-prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017, and the most recent forms of offence created in the Economic Crime and Corporate Transparency Act 2023.
9. Mental conditions, intoxication, and mistake
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

This chapter considers the most commonly occurring ‘mental condition defences’, focusing on the pleas of insanity, intoxication, and mistake. It also examines the relationship between mental condition defences, insanity, and unfitness to be tried, and explains the Law Commission’s recommendations for reforming unfitness and other mental condition defences. It explores the test of insanity, disease of the mind (insanity) versus external factors (sane automatism), insane delusions and insanity, burden of proof, function of the jury, self-induced automatism, intoxication as a denial of criminal responsibility, voluntary and involuntary intoxication, dangerous or non-dangerous drugs in basic intent crime, and intoxication induced with the intention of committing crime.
14. Involuntary manslaughter
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

This chapter explores involuntary manslaughter in its three forms: unlawful act manslaughter, gross negligence manslaughter, and reckless manslaughter. Given the breadth of cases that involuntary manslaughter must cover, it is not surprising that more than one form of the offence has evolved, and that the elements of each form of involuntary manslaughter are distinct, particularly as to the fault required. The chapter examines key developments, in particular those relating to unlawful act manslaughter and gross negligence manslaughter (and whether the latter is contrary to Article 7 ECHR). It concludes with a detailed assessment of the Corporate Manslaughter and Corporate Homicide Act 2007.
18. Theft
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

In English law, offences related to dishonesty are governed by the Theft Acts 1968 and 1978, the Theft (Amendment) Act 1996, and the Fraud Act 2006. These Acts are not a restatement of the common law and its numerous statutory additions, but they do provide a code of the most important offences of dishonest dealing with the protection of property (with the notable exception of forgery and conspiracy to defraud). This chapter deals with the offence of theft. It offers a detailed review of the concept of dishonesty in the light of the redefinition of that concept by the Supreme Court in Ivey v Genting Casinos and its acceptance by the Court of Appeal in Barton and Booth.
23. Other offences involving fraud
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

This chapter focuses on other offences involving fraud, including false accounting, false statements by company directors, suppression of documents, and cheating the public revenue—offences that are addressed in s 17 of the Theft Act 1968. Section 17(1)(a) criminalizes falsification of accounts, etc, whereas s 17(1)(b) criminalizes using a falsified account, etc. Section 17(2) provides an extended, albeit non-exhaustive, definition of falsity. The concept of a claim of right includes a claim to the payment of a debt. If a person genuinely believes in the claim of right to the money to which they act with a view to gain, there is no reason why they should use false means (evidencing their dishonesty) to acquire that money. This chapter also discusses elements of the fraud-related offences including ‘gain’ and ‘loss’ as defined in s 34(2)(a) of the Theft Act 1968.
28. Computer misuse
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

The impact of computer technology on society has been profound and this chapter examines the offences in the Computer Misuse Act 1990 as amended by the Police and Justice Act 2006 and the Serious Crime Act 2015. The focus is on offences relating to computer misuse, including unauthorized access to computer material, unauthorized access with intent to commit or facilitate further offences, unauthorized acts with intent to impair or recklessness as to impairment of a computer, impairing a computer such as to cause serious damage, and making, supplying, or obtaining articles for use in such offences.
33. Money laundering
Authors: Ormerod David , Laird Karl , Gibson Matthew
Published: September 2024

This chapter discusses the offences in the Proceeds of Crime Act 2002 which criminalize dealing with the proceeds of crime. These are extremely broad offences with many features which could be characterized as being draconian as successive governments have sought to combat serious crime by targeting not just the offenders (who may commit a money laundering offence in relation to their own criminal conduct), but all those who assist in the disposal of criminal proceeds. These offences have generated a huge volume of case law, much of which has reached the House of Lords and the Supreme Court. This chapter analyses how these offences relate to handling stolen goods.
1. What’s Special About Land?
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter illustrates the significance of land and, hence, of land law. It concentrates on the features that make land special and the distinctive legal rules produced by those features. The chapter explains that the focus of land law is on private property rights to use land. It then demonstrates some important themes of land law by examining a leading land law case involving a dispute between an occupier of land and a bank. It is noted that the special features of land sharpen the court’s dilemma when deciding between competing claims to the use of land. It also considers the differing judicial philosophies that may influence a court’s approach to resolving this dilemma.
3. Registration
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter consists of an introduction to one of the core parts of modern land law: land registration. It provides a relatively brief introduction to the idea of registration of title and examines some of the key aims of the Land Registration Act 2002, looking at how the special features of land can explain the prominence of registration systems in land law and considering, in particular, the means by which the Act protects registered parties and the circumstances in which that protection is limited.
4. Human Rights and Land
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the mechanics of how the Human Rights Act 1998 (HRA 1998) brings human rights home. It then explores Art 1 of the First Protocol (protection of possessions) and Art 8 (respect for the home). Article 14 (protection from discrimination) and Art 6 (right to a fair trial) are also outlined. Whilst compliance with Art 1 of the First Protocol has required little change in domestic law, a string of cases concerning compliance with Art 8 and repossession of the home has demonstrated that a new approach is necessary to comply with human rights norms.
10. Proprietary Estoppel
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with proprietary estoppel. Proprietary estoppel is a means by which a party (B) can gain some protection against an owner of land (A), even if B has no contract with A and even if A has not formally given B a property right in relation to A’s land. Proprietary estoppel is therefore a means by which B can obtain an equitable interest in A’s land. It is noted that proprietary estoppel is very different from other forms of estoppel; so different that the term ‘estoppel’ is positively misleading. The chapter considers the requirements of a proprietary estoppel claim, including the role of unconscionability, how the courts determine the extent of any right arising through proprietary estoppel, and the impact of such rights on third parties. In doing so, it sets out and evaluates the effects of the Supreme Court’s decision in Guest v Guest.
17. Co-ownership and Priorities: The Defences Question
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the priority rules applicable where co-owned land is sold or mortgaged. It concentrates on overreaching. It is theorized that s 27(1) of the Law of Property Act 1925 (LPA 1925) provides the basis of overreaching. Other theories include that the basis of overreaching lies in the doctrine of conversion and the trustees’ powers of disposition. The chapter considers the preconditions for overreaching to take place and the practical division that arises between trusts with one and two (or more) trustees. It explores the contentious question of the effect on overreaching where a transaction constitutes an intra vires or ultra vires breach of trust and the protection available to purchasers in those circumstances where a breach of trust precludes overreaching. In doing so, possible third-party liability in knowing receipt and dishonest assistance, and the Supreme Court’s analysis in Byers v Saudi National Bank is considered.
22. Easements
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with easements. An easement is the proprietary right to enjoy limited use of the land of another, which may exist in both positive and negative form. To constitute an easement, a right over the land of another must display certain characteristics. If these characteristics are not present, the right over the land of another is merely a personal right. An easement may be created by express, implied, or presumed grant. As a proprietary right, an easement is not easy to extinguish, but, in the case of freehold land, an easement will be extinguished where the dominant and servient land come into common ownership and an easement attached to a lease may sometimes be extinguished upon the termination of that lease.
24. Flat Ownership: Long Leases and Commonhold
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter addresses the far-reaching issues of ensuring the effective and efficient management of flats. Flat ownership is obtained by granting the flat owner a long lease of his or her flat, with the freehold reversion being held either by an independent landlord or by a company owned collectively by the flat owners. The Commonhold and Leasehold Reform Act 2002 introduced commonhold to offer a new framework for flat ownership, but, in many cases, it holds few advantages over the long lease where the reversion is collectively owned by the flat lessees through a corporate vehicle. The Law Commission has suggested comprehensive reforms, some of which are being considered by Parliament. These proposed reforms are considered in this chapter.
25. Security Interests in Land
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2024

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the use of land (or legal and equitable property rights relating to land) as security for the repayment of money by a borrower to a lender. It also describes charging orders, the use of which increases in the context of a recession. There are four types of security interest: the pledge; the lien; the mortgage; and the charge. The borrower holds the equity of redemption under a classic mortgage by conveyance or sub-demise, but the continued relevance of the concept of an equity of redemption under the predominant legal charge by way of mortgage is questionable. It is observed that the domestic lending market has seen the development of Islamic mortgages, the emergence of shared-ownership schemes, and equity release schemes.
3. Legislation and the law-making process
Authors: Rutherford Helen , Kotecha Birju , Macfarlane Angela
Published: September 2024

This chapter examines the legislative (law-making) process. In the UK, the Westminster Parliament makes primary legislation called Acts of Parliament or ‘Statutes’. The chapter explains the role of the three bodies that make up Parliament (the King in Parliament, the House of Commons, and the House of Lords) in the process of passing an Act of Parliament. The House of Commons and House of Lords are not always in agreement, and the chapter highlights the mechanisms that enable conflicts between the Houses to be resolved. Parliament can also grant powers to other bodies to make legislation on Parliament’s behalf, in the form of secondary legislation or delegated legislation. The chapter also considers secondary or delegated legislation which may be necessary for a number of reasons but is subject to controls exercised by Parliament and the courts.
8. The judiciary
Authors: Rutherford Helen , Kotecha Birju , Macfarlane Angela
Published: September 2024

When considering the judiciary, it is important to understand how judges are appointed, what qualifications are required for the various judicial offices, and how judges may be removed. This information is vital when assessing the important, and often controversial, issues of diversity of the membership of the judiciary, its independence, and its accountability. This chapter describes and discusses the different judges and their roles within the English legal system. An outline of the system of judicial appointments is given. There is also comment upon diversity of membership of the judiciary and the importance of the independence of the judiciary.
12. The criminal process: pre-trial and trial
Authors: Rutherford Helen , Kotecha Birju , Macfarlane Angela
Published: September 2024

This chapter explains what happens once a person has been charged with a criminal offence. Whether a case remains in the magistrates’ court or is sent to the Crown Court depends on whether the offence is ‘summary only’, ‘indictable only’, or ‘triable either way’. Summary trial takes place before a district judge or bench of lay justices in the magistrates’ court. Trial on indictment takes place before a jury in the Crown Court. Criminal proceedings are governed by the Criminal Procedure Rules (CrimPR). The overriding objective is to deal with cases justly, including acquitting the innocent and convicting the guilty. The chapter considers those parts of the CrimPR that set out the steps to be taken before a trial in both the magistrates’ court and the Crown Court. It explores key evidential and procedural rules that apply at trial, such as the rule that the prosecution must prove a defendant’s guilt beyond reasonable doubt.
The Modern Law of Evidence
Authors: Keane Adrian , McKeown Paul
Published: September 2024

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight, and discretion. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, proof of facts without evidence, documentary and real evidence, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, visual and voice identification, evidence obtained by illegal or unfair means, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, and the admissibility of previous verdicts.
11. Evidence obtained by illegal or unfair means
Authors: Keane Adrian , McKeown Paul
Published: September 2024

This chapter discusses the circumstances in which relevant evidence can be excluded, as a matter of law or discretion, on the grounds that it was obtained illegally, improperly, or unfairly. The principles for exclusion of evidence are considered, and exclusion in both civil and criminal cases is covered. In respect of civil cases, discretionary exclusion under the civil procedure rules is examined, and in respect of criminal cases, discretionary exclusion at common law and under statute is discussed. The chapter also considers the circumstances in which criminal proceedings should be stayed as an abuse of the court’s process, where a trial would undermine public confidence in the criminal justice system and bring it into disrepute.
13. Hearsay admissible by statute in civil proceedings
Authors: Keane Adrian , McKeown Paul
Published: September 2024

Under the common law rule against hearsay, any assertion, other than one made by a person while giving oral evidence in the proceedings, was inadmissible if tendered as evidence of the facts asserted. The Civil Evidence Act 1968 constituted a major assault upon the common law rule in civil proceedings by making provisions for the admissibility of both oral and written hearsay subject to certain conditions. In June 1988 the Civil Justice Review recommended an inquiry by a law reform agency into the usefulness of the hearsay rule in civil proceedings and the machinery for rendering it admissible. The subsequent recommendations of the Law Commission were put into effect by the Civil Evidence Act 1995. This chapter discusses the admissibility of hearsay under the Civil Evidence Act 1995; safeguards; proof of statements contained in documents; evidence formerly admissible at common law; and Ogden tables.
20. Experts and opinion evidence
Authors: Keane Adrian , McKeown Paul
Published: September 2024

This chapter discusses the law on experts and opinion evidence. As a general rule, opinion evidence is inadmissible: a witness may only speak of facts that he personally perceived, not of inferences drawn from those facts. However, there are two exceptions to this general rule: (i) an appropriately qualified expert may state his opinion on a matter calling for the expertise that he possesses; and (ii) a non-expert witness may state his opinion on a matter not calling for any particular expertise as a way of conveying the facts that he personally perceived. Experts may also give evidence of fact based on their expertise. The chapter covers the duties of experts and the rules which apply where parties propose to call expert evidence.