bluuebunny/crossref_metadata_2025 huggingface dataset:
R v Clinton [2012] EWCA Crim 2, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

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 Clinton [2012] EWCA Crim 2, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, 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 2021

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 McNally [2013] EWCA Crim 1051, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

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 McNally [2013] EWCA Crim 1051, Court of Appeal. 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 2021

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 Dica [2004] EWCA Crim 1103, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

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 Melin [2019] EWCA Crim 557, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

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 Melin [2019] EWCA Crim 557, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Ivey v Genting Casinos [2017] UKSC 67, Supreme Court
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ivey v Genting Casinos [2017] UKSC 67, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
R v Howe [1987] AC 417, House of Lords
Authors: Herring Jonathan
Published: September 2021

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.
Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401. The document also includes supporting commentary from author Nicola Jackson.
Harvey & another v Facey & others [1893] AC 552
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Harvey v Facey [1893] AC 552. The document also includes supporting commentary from author Nicola Jackson.
Entores Ltd v Miles Far East Corporation [1955] 2 QB 327
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entores Ltd v Miles Far East Corporation [1955] 2 QB 327. The document also includes supporting commentary from author Nicola Jackson.
Holwell Securities Ltd v Hughes [1974] 1 WLR 155
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Holwell Securities Ltd v Hughes [1974] 1 WLR 155. The document also includes supporting commentary from author Nicola Jackson.
Adams v Lindsell [1818] EWHC KB J59; (1818) 1 B & Ald 681; (1818) 106 ER 250
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Adams v Lindsell (1818) 106 ER 250. The document also includes supporting commentary from author Nicola Jackson.
Fisher v Bell [1961] 1 QB 394; [1960] 3 WLR 919
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Fisher v Bell [1961] 1 QB 394. The document also includes supporting commentary from author Nicola Jackson.
Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1. The document also includes supporting commentary from author Nicola Jackson.
Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24. The document also includes supporting commentary from author Nicola Jackson.
Smith v Hughes (1871) LR 6 QB 597 includes commentary on Centrovincial Estates plc v Merchant Investors Assurance Company Ltd [1983] Com LR 158
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith v Hughes (1871) LR 6 QB 597 including commentary on Centrovincial Estates plc v Merchant Investors Assurance Company Ltd [1983] Com LR 158. The document also includes supporting commentary from author Nicola Jackson.
Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15. The document also includes supporting commentary from author Nicola Jackson.
Atlas Express Ltd v Kafco (Importers and Distributors) Ltd [1989] QB 833
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Atlas Express Ltd v Kafco (Importers and Distributors) Ltd [1989] QB 833. The document also includes supporting commentary from author Nicola Jackson.
Parker v The South Eastern Railway Company (1877) 2 CPD 416
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Parker v The South Eastern Railway Company (1877) 2 CPD 416. The document also includes supporting commentary from author Nicola Jackson.
Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371. The document also includes supporting commentary from author Nicola Jackson.
Lombard North Central plc v Butterworth [1987] QB 527
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lombard North Central plc v Butterworth [1987] QB 527. The document also includes supporting commentary from author Nicola Jackson.
Krell v Henry [1903] 2 KB 740
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Krell v Henry [1903] 2 KB 740. The document also includes supporting commentary from author Nicola Jackson.
J. Lauritzen v Wijsmuller (The ‘Super Servant Two’) [1990] 1 Lloyd’s Rep 1
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in J. Lauritzen v Wijsmuller (The ‘Super Servant Two’) [1990] 1 Lloyd’s Rep 1. The document also includes supporting commentary from author Nicola Jackson.
Watts & another v Morrow [1991] 1 WLR 1421
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Watts & another v Morrow [1991] 1 WLR 1421. The document also includes supporting commentary from author Nicola Jackson.
Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67. The document also includes supporting commentary from author Nicola Jackson.
Farley v Skinner [2001] UKHL 49
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Farley v Skinner [2001] UKHL 49. The document also includes supporting commentary from author Nicola Jackson.
NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1, [1963] ECR 1, 5 February 1963
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in NV Algemene Transport- en Expeditie Onderneming Van Gend en Loos (Case 26/62), EU:C:1963:1 [1963] ECR 1, 5 February 1963. The document also includes supporting commentary from author Noreen O’Meara.
Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964. The document also includes supporting commentary from author Noreen O’Meara.
Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foster and others v British Gas plc (Case C-188/89), EU:C:1990:313, [1990] ECR I-3313, 12 July 1990. The document also includes supporting commentary from author Noreen O’Meara.
Commission v Council (‘Environmental crimes’) (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Council ('Environmental crimes') (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005. The document also includes supporting commentary from author Noreen O’Meara.
Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991. The document also includes supporting commentary from author Noreen O’Meara.
Irène Vlassopoulou v Ministerium für Justiz, Bundes- und Europaangelegenheiten Baden-Württemberg (Case C-340/89), EU:C:1991:193, [1991] ECR I-2365, 7 May 1991
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Irène Vlassopoulou v Ministerium für Justiz, Bundes- und Europaangelegenheiten Baden-Württemberg (Case C-340/89), EU:C:1991:193, [1991] ECR I-2365, 7 May 1991. The document also includes 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), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991
Authors: O'Meara Noreen
Published: September 2021

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), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also includes supporting commentary from author Noreen O'Meara.
Yvonne Watts v Bedford Primary Care Trust (Case C-372/04), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006
Authors: O'Meara Noreen
Published: September 2021

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), EU:C:2006:325, [2006] ECR I-4325, 16 May 2006. The document also includes supporting commentary from author Noreen O’Meara.
Commission v Italy (‘Trailers’) (Case C-110/05), EU:C:2009:66, [2009] ECR I-519, 10 February 2009
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Italy (‘Trailers’) (Case C-110/05), EU:C:2009:66, [2009] ECR I-519, 10 February 2009. The document also includes supporting commentary from author Noreen O’Meara.
María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in María Martínez Sala v Freistaat Bayern (Case C-85/96), EU:C:1998:217, [1998] ECR I-2691, 12 May 1998. The document also includes supporting commentary from author Noreen O’Meara.
Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001. The document also includes supporting commentary from author Noreen O’Meara.
Elisabeta Dano and Florin Dano v Jobcenter Leipzig (Case C-333/13), EU:C:2014:2358, [2014] ECR I-2358, 11 November 2014
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Elisabeta Dano and Florin Dano v Jobcenter Leipzig (Case C-333/13), EU:C:2014:2358, [2014] ECR I-2358, 11 November 2014. The document also includes supporting commentary from author Noreen O’Meara.
Wightman and others v Secretary of State for Exiting the European Union (Case C-621/18), EU:C:2018:999, 10 December 2018
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wightman and others (Case C-621/18), EU:C:2018:999, 10 December 2018. The document also includes supporting commentary from author Noreen O’Meara.
AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46, Supreme Court. This case addressed the extent to which Acts of the Scottish Parliament (ASPs) were reviewable by the courts, the special status of ASPs, and regularized the rules on standing as between English and Scots law. The document also includes supporting commentary from author Thomas Webb.
British Railways Board v Pickin [1974] AC 765, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in British Railways Board v Pickin [1974] AC 765, House of Lords. The case concerned the unwillingness of the courts to look behind the process by which statutes were enacted by Parliament. The case note explores the wider implications of this position in the context of debate between orthodox and alternative conceptions of parliamentary sovereignty, and the notion of constitutional statutes. The document also includes supporting commentary from author Thomas Webb.
Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary from author Thomas Webb.
Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997, House of Lords. This case is concerned with the scope and limits of ministerial discretion, and how, in the case of statutory powers, the courts determine this with reference to the intentions of Parliament and the objectives of the Act in question. The document also includes supporting commentary from author Thomas Webb.
R v Chaytor and others [2010] UKSC 52, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

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 Chaytor and others [2010] UKSC 52, Supreme Court. This case considered the extent of parliamentary privilege, and the courts’ role in interpreting it. The document also includes supporting commentary from author Thomas Webb.
R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co. [1990] 1 QB 504, High Court (Queen’s Bench Division)
Authors: Webb Thomas E.
Published: September 2021

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 the Environment, ex parte Rose Theatre Trust Co. [1990] 1 QB 504, High Court (Queen’s Bench Division). The case concerned whether an interest group formed to protect a recently rediscovered Elizabethan theatre had sufficient interest to bring a judicial review against a decision not to protect the theatre. The case is considered with the Fleet Street Casuals case [1982] AC 617 and Greenpeace (No. 2) [1994] 2 CMLR 548 in mind. 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 E.
Published: September 2021

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. This case explored whether a United Kingdom court could suspend the effect of primary legislation where it was in conflict with European Community law. It necessarily raises questions about the nature and limits (if any) of parliamentary sovereignty, and for this reason remains relevant notwithstanding the UK’s departure from the European Union. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

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 Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court. This case examined the circumstances under which the Upper Tribunal would be subject to judicial review. It also considers the possible implications of the government’s proposals in response to the Independent Review of Administrative Law (IRAL) (2021), inasmuch as they may impact judicial reviews under the process established by Cart. There is also some discussion of ouster clauses. 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 E.
Published: September 2021

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. This case addressed a further challenge to the rules against prisoner voting (see Hirst), and considered the limits of the courts’ role in relation to legislation deemed incompatible with the Human Rights Act 1998. Here the court was sceptical of the value of making a further declaration of incompatibility in an area where such declarations had already been made. The document also includes supporting commentary from author Thomas Webb.
R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal
Authors: Webb Thomas E.
Published: September 2021

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 H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal. This case concerned whether the language of ss 72–73 of the Mental Health Act 1983 could be read in such a way as to be compatible with the Human Rights Act 1998 (HRA), under s. 4 of that Act, or whether such an interpretation was not possible. In the latter case, the court should consider making a declaration of incompatibility. This note explores s. 4 HRA declarations of incompatibility. 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 E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note 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. This case concerned whether the government could rely on the prerogative power to issue a notification of the United Kingdom’s intention to secede from the European Union under Article 50 of the Treaty of the European Union, or whether parliamentary authorization was required. There is also a brief discussion of the Sewel Convention. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court. This case concerned the constitutional-legal limits on a Prime Minister’s capacity to advise the monarch to exercise their power to prorogue Parliament. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

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 Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The case concerned assisted dying, specifically whether s. 2 of the Suicide Act 1961 was incompatible with the Human Rights Act 1998 (Nicklinson and Lambs’ cases), and whether the prosecution guidance on assisting someone to commit suicide issued by the Director of Public Prosecutions was sufficiently clear (Martin’s case). However, the primary focus of this case note is on the justices’ discussion of the respective competences of Parliament and the courts to resolve the legal issues in this area. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

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 Public Law Project) v Secretary of State for Justice [2016] UKSC 39, Supreme Court. The Court was asked to consider whether the Henry VIII powers granted under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 permitted the Secretary of State for Justice to introduce a residency test into the provisions regulating legal aid. The case raises wider questions about the oversight and review of Henry VIII powers. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords
Authors: Webb Thomas E.
Published: September 2021

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 Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords. The substantive issue in this case concerned an unsuccessful claim for asylum on the basis of a fear of religious persecution. However, the focus of this case note is on Lord Bingham’s views on the extent to which the jurisprudence of the European Court of Human Rights should influence the deliberations of the domestic courts in their application of the Human Rights Act 1998 via the ‘mirror principle’. The document also includes supporting commentary from author Thomas Webb.
Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada. This case considers the identification of constitutional conventions using the Jennings test, and the legal enforceability of conventions. The document also includes supporting commentary from author Thomas Webb.
Ridge v Baldwin [1964] AC 40, House of Lords
Authors: Webb Thomas E.
Published: September 2021

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. This case considered whether the process by which a Chief Constable was sacked amounted to procedural unfairness and breached the rules of natural justice. The document also includes supporting commentary from author Thomas Webb.
Smith and Grady v United Kingdom [1999] ECHR 72, European Court of Human Rights
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith and Grady v United Kingdom [1999] ECHR 72, European Court of Human Rights. This case examined the now-defunct provisions against gay people serving in the British military, and how using either unreasonableness or proportionality produced different outcomes. It also considers the contribution which a rights-based approach to legal questions, drawing on proportionality, can make to the development of law and policy. The document also includes supporting commentary from author Thomas Webb.
Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights. The substantive issue in this case concerned whether state-inflicted corporal punishment was a breach of Article 3 of the European Convention on Human Rights. In ruling on the issue, the Court also established an interpretive doctrine—the Convention as a ‘living instrument’—which is the focus of this case note. The document also includes supporting commentary from author Thomas Webb.
YL v Birmingham City Council [2007] UKHL 27, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in YL v Birmingham City Council [2007] UKHL 27, House of Lords. This case is concerned with the identification of public bodies and public functions under s. 6(3)(b) of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
5. Impartiality and independence
Authors: Endicott Timothy
Published: September 2021

This chapter examines the role of impartiality and independence in public administration. The topics that are discussed include judicial bias, administrative bias, waiver, determining civil rights, compound decision making, and the value of independence, with an explanation of the requirement of an independent tribunal in Art 6 of the European Convention on Human Rights. The chapter also explains the difference between bias (which is unlawful) and a lack of impartiality (which may be lawful), and explains when bias will be presumed. Bias is presented as both a lack of due process and as a flaw in the substance of a decision maker’s reasoning.
6. Reasons: process and substance
Authors: Endicott Timothy
Published: September 2021

This chapter illustrates the principle of relativity by explaining why public authorities may or may not be required to give reasons for their decisions, depending on the type of decision and its context. The reasons why public authorities should sometimes explain their reasons for a decision reflect the process values explained in Chapter 4: requiring reasons may improve decisions, it may be unfair (to a person affected by the decision) for the decision to be unexplained, and reasons may support judicial review, and may improve transparency and accountability in government in other ways. The discussions cover the deprivation principle, the duty of respect, trigger factors for reasons, the Padfield practicality principle, the content of reasons, how to remedy inadequate reasons, process danger, and the difference between process and substance, and why the difference matters.
13. Referencing and avoiding plagiarism
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter focuses on referencing and avoiding plagiarism. These skills are of critical importance to law students since their academic work will inevitably require them to read, critically consider, and evaluate the work of others. However, they must ensure that they carefully and meticulously distinguish their own work, ideas, and arguments from those of the authors or judges encountered during their research. This is done by providing thorough references to the sources used in their work; failure to do so may lead to accusations of plagiarism. The chapter first explains the meaning of plagiarism in more detail and then discusses OSCOLA, the most frequently encountered referencing system in academic law.
16. Revision and examination skills
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter provides a selection of practical tips on formulating an effective revision strategy from planning and organization through to a series of practical tasks that can be undertaken alone or in groups. The overall aim is to provide some insight into the various ways that revision can be made more variable, engaging, and effective. The discussions cover how to prepare for revision; reviewing each subject; revision strategies; and issues related to exams.
17. Dissertations
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter focuses on the range of different skills involved in the production of a dissertation. It begins by outlining the reasons for writing a dissertation. It then discusses the choice of dissertation topic and formulating a research question; writing a dissertation proposal; planning and organization; researching for a dissertation; and the writing process.
20. Negotiation skills
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter provides an introduction to the skills needed to prepare for and conduct an effective negotiation, including the research process and different negotiation styles. It also considers the problems that can arise during negotiation and outlines a range of strategies that can be used to overcome them. In essence, it is a step-by-step introduction for those with no previous negotiation experience as well as a source of advice for the more experienced negotiator. A range of examples is used to demonstrate the skills involved in negotiation.
1. Introduction
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This introductory chapter begins by providing examples of torts. It then discusses the aims of the law of torts, the most significant being compensation and deterrence. Part of the justification for a tort is that it identifies what actions should be avoided and deters people from engaging in them. It is essential to know that action is wrongful, but a tort action may over-deter or under-deter. It may over-deter where the perception of the chance of liability is exaggerated. It may under-deter where either the chances of somebody suing to enforce their rights are small, or where the consequences to the individual tortfeasor may be slight. Originally tort was about ‘shifting’ or ‘transferring’ the loss from the victim to the defendant (corrective justice). The defendant themselves paid compensation to the victim. However, those days are gone and we are now in an era of ‘loss distribution’. In other words, it is not the defendant himself who pays, but it will be their, or their employer’s, insurer. The chapter then considers the study of torts. Tort law is almost wholly a case-driven subject and therefore a good knowledge of the cases and what they stand for is essential. The chapter presents three steps to studying cases.
5. Special duty problems: public bodies
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

Public bodies have extensive powers to act for the public benefit but often have limited resources. Difficult decisions have to be made, and if those decisions are wholly unreasonable they may be corrected by judicial review; that is, by public law remedies. A more difficult question is whether failure by a public body provides a private right of action to someone harmed (or not benefited) by the decision. While the general principles of duty of care apply (that is, proximity and whether it is fair and just to impose liability), there are several limitations on the liability of public bodies in negligence. This chapter first discusses the special common law principles applicable to the exercise of discretion by public bodies. It then considers specific problematic areas, including the difficulties involved in establishing duties of care by the emergency services before examining the effect of the Human Rights Act 1998 in establishing obligations owed directly by the state.
7. Breach of duty: the standard of care
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

Once it has been established that there is a sufficient relationship between the parties to establish a duty, the question then arises whether the defendant has been in breach of this duty. This involves a number of issues, many of which involve the judgment of the ‘reasonable man’. The defendant’s behaviour must have fallen below the level of the standard of care owed, which defines the level of safety a claimant is entitled to expect. The ‘reasonable man’ may give the impression of certainty where there is none, for whether it is reasonable to take a certain risk involves questions of economic and social policy which are rarely expressed in the law reports.
9. Defences to negligence
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

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.
10. Occupiers’ liability
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter focuses on the liability of an occupier to persons who are injured on their premises and the Occupiers’ Liability Acts of 1957 and 1984. The discussion considers the relationship between occupiers’ liability and negligence, what makes someone an ‘occupier’ or ‘visitor’, the duty owed to visitors and to trespassers and other non-visitors, and the exclusion of liability. The basis of liability is fault, and, to visitors at least, the duty differs little from the requirements of negligence, but there are sufficient differences to make it subject to a special chapter. These differences arise partly for historical reasons, but also because of the need to balance the rights of the occupier to deal with their property as they wish and the need to protect entrants from injury.
11. Product liability
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

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.
13. Intentional interferences with the person
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter considers intentional interferences with the person, including the so-called trespass to the person torts, the tort in Wilkinson v Downton and the Protection from Harassment Act 1997. Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a claimant’s interest in his person, his land or his goods. It is the right itself which is protected, and not just the freedom from resulting damage, and much of the law of trespass is the basis of civil liberties today. This chapter considers the torts of assault, battery and false imprisonment, together with various defences. The principal use today of these torts relates not so much to recovery of compensation but to the establishment of a right, or a recognition that the defendant acted unlawfully. The chapter then considers the tort in Wilkinson v Downton which provides a remedy in cases of indirect intentional infliction of distress and the statutory tort of harassment (Protection from Harassment Act 1997).
14. Invasion of privacy
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter discusses different aspects of privacy. It shows that there is no general common law right to protection from invasion of privacy (the so-called ‘right to be let alone’), but that limitation has been largely subverted by the new law in the second section on the protection of personal information and the reasonable expectation of privacy that has developed significantly in recent years. This shows the potential power of the Human Rights Act 1998 and the European Convention on Human Rights, and is the subject of considerable controversy, especially in relation to the protection of celebrity privacy. The final section considers remedies in privacy cases.
1. The nature of international law and the international legal system
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter briefly discusses the nature of the international legal system. The premise is that the structure of the international legal system is fundamentally different from that of national legal order: contrary to the vertical structure encountered in domestic settings, in international law the structure is horizontal. States enjoy sovereign equality, while both international law-making and international adjudication are based on the consent of the States. There are various theories that have attempted to describe the nature of the international law, including naturalism, positivism, formalism, and realism. Also significant is the the existence of a certain hierarchy in the international legal system, in the sense that there are some peremptory norms of international law, such as the prohibition of torture and genocide, to which there is no derogation.
4. The relationship between international and domestic law
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter analyses the relationship between international and domestic law and particularly the reception of the former in domestic legal systems. This matter is regulated in the receiving State’s constitutional law and is generally based on the doctrine of incorporation and that of transformation. The former does not require any further implementing legislation by the receiving State, but where it is applied it is subject to several limitations, particularly where the treaty in question is not sufficiently clear or precise, in which case it is not automatically self-executing. The philosophical foundations of the relationship between international and domestic law are explained by reference to the monist and dualist theories. Besides treaties, domestic law also regulates the reception of custom and UN Security Council resolutions. However, in respect of Security Council resolutions, international human rights law determines their legality.
7. Immunities
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

Immunity is a procedural bar whereby the courts of a country are precluded, while the immunity persists, from entertaining a suit, civil or criminal, against a person or entity. This chapter distinguishes the personal from functional immunities and then goes on to demonstrate the difference between acts undertaken in a public capacity, which always attract immunity, and those undertaken in a private capacity, which do not, as a rule, attract immunity. The chapter shows that, in recent years, the characterization of an act as being of a public nature has been restricted by the practice of States and national courts.
10. Peaceful settlement of disputes
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.