bluuebunny/crossref_metadata_2025 huggingface dataset:
Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256. The document also includes supporting commentary from author Nicola Jackson.
Felthouse v Bindley [1862] EWHC CP J35; 142 ER 1037
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Felthouse v Bindley [1862] EWHC CP J35; 142 ER 1037. 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: August 2023

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.
Hyde v Wrench (1840) 49 ER 132
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hyde v Wrench [1840] EWHC Ch J90; (1840) 49 ER 132; (1840) 3 Beav 334. The document also includes supporting commentary from author Nicola Jackson.
Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401
Authors: Jackson Nicola
Published: August 2023

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.
Stilk v Myrick [1809] EWHC KB J58; (1809) 2 Camp 317
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stilk v Myrick [1809] EWHC KB J58; (1809) 2 Camp 317. 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: August 2023

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.
Atlas Express Ltd v Kafco (Importers and Distributors) Ltd [1989] QB 833
Authors: Jackson Nicola
Published: August 2023

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: August 2023

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.
White and Carter (Councils) Ltd v McGregor [1962] AC 413
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in White and Carter (Councils) Ltd v McGregor [1962] AC 413. 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: August 2023

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.
Re Baden’s Deed Trusts (No 2) [1973] Ch 9, Court of Appeal
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Baden’s Deed Trusts (No 2) [1973] Ch 9, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
R (Independent Schools Council) v Charity Commission for England and Wales [2011] UKUT 421 (TCC), Upper Tribunal (Tax and Chancery Chamber)
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Independent Schools Council) v Charity Commission for England and Wales [2011] UKUT 421 (TCC), Upper Tribunal (Tax and Chancery Chamber). The document also includes supporting commentary from author Derek Whayman.
Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567, House of Lords
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Lloyds Bank Plc v Rosset [1991] 1 AC 107, House of Lords
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lloyds Bank Plc v Rosset [1991] 1 AC 107, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Swindle v Harrison [1997] 4 All ER 705, Court of Appeal
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Swindle v Harrison [1997] 4 All ER 705, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Boardman v Phipps [1967] 2 AC 46, House of Lords
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Boardman v Phipps [1967] 2 AC 46, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Foskett v McKeown [2001] 1 AC 102, House of Lords
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Foskett v McKeown [2001] 1 AC 102, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Patel v Mirza [2016] UKSC 42, Supreme Court
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Patel v Mirza [2016] UKSC 42, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Marleasing SA v La Comercial Internacional de Alimentación SA (Case C-106/89), EU:C:1990:395, [1990] ECR I-4135, 13 November 1990. The document also includes supporting commentary from author Noreen O'Meara.
Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000
Authors: O'Meara Noreen
Published: August 2023

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 Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000. The document also includes supporting commentary from author Noreen O'Meara.
Unión de Pequeños Agricultores v Council of the European Union (Case C-50/00 P), EU:C:2002:462, [2002] ECR I-6677, 25 July 2002
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Unión de Pequeños Agricultores v Council of the European Union (Case C-50/00 P), EU:C:2002:462, [2002] ECR I-6677, 25 July 2002. The document also includes supporting commentary from author Noreen O'Meara.
Carvalho and others v Parliament and Council (‘People's Climate Case’) (Case C-565/19 P), EU:C:2021:252, Judgment of 25 March 2021; Carvalho and others v Parliament and Council (Case T-330/18), EU:T:2019:324, Order of 8 May 2019.
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Carvalho and others v Parliament and Council (‘People’s Climate Case’) (Case C-565/19 P), EU:C:2021:252, 25 March 2021. The document also includes supporting commentary from author Noreen O'Meara.
Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974. 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: August 2023

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.
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: August 2023

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: August 2023

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.
Cobbe v Yeoman’s Row Management Ltd [2008] UKHL 55, House of Lords
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cobbe v Yeoman’s Row Management Ltd [2008] UKHL 55, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Guest v Guest [2022] UKSC 27
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Guest v Guest [2022] UKSC 27, Supreme Court. The document also includes supporting commentary from author Aruna Nair.
Jennings v Rice [2002] EWCA Civ 159, Court of Appeal
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jennings v Rice [2002] EWCA Civ 159, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
R (on the application of Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land 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 Best) v Chief Land Registrar [2015] EWCA Civ 17, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Re Ellenborough Park [1956] Ch 131, Court of Appeal
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Ellenborough Park [1956] Ch 131, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Attorney General v Jonathan Cape Ltd [1976] QB 752, High Court (Queen’s Bench Division)
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Jonathan Cape Ltd [1976] QB 752, before the High Court (Queen’s Bench Division). This case concerns the constitutional convention of collective Cabinet responsibility which requires, inter alia, that Cabinet discussions remain secret, whether the publication of a diary detailing Cabinet discussions breached the convention, and what the constitutional consequences of any breach were. The document also includes supporting commentary and questions from author Thomas Webb.
Campbell v Mirror Group News Limited [2004] UKHL 22, House of Lords
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Naomi Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
Congreve v Home Office [1976] QB 629, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Congreve v Home Office [1976] QB 629, Court of Appeal (Civil Division). This case provides an example of illegality in the context of judicial review and also discusses the concept of parliamentary intention, and theoretical models for justifying particular interpretations of it. The document also includes supporting commentary and questions from author Thomas Webb.
R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords. This case considered what types of interest, in addition to pecuniary interests, should require a judge to recuse themselves from sitting on a case. The document also includes supporting commentary and questions from author Thomas Webb.
R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: August 2023

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 Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. The document also includes supporting commentary and questions from author Thomas Webb.
R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lords
Authors: Webb Thomas E.
Published: August 2023

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 Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary and questions from author Thomas Webb.
Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench. This case concerns questions of bias and, more importantly, the attempt by Sir Edward Coke CJ to establish a common law power to overturn Acts of Parliament. The case predates the constitutional settlement which followed the Glorious Revolution of 1688, but echoes of the principles discussed in this case can also be found in modern case law. The document also includes supporting commentary and questions from author Thomas Webb.
Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753 Supreme Court of Canada (also known as the Patriation Reference)
Authors: Webb Thomas E.
Published: August 2023

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, Supreme Court of Canada (also known as the Patriation Reference). This case considers the identification of constitutional conventions using the Jennings test, and the legal enforceability of conventions. The document also includes supporting commentary and questions from author Thomas Webb.
McLoughlin v O’Brian [1983] 1 AC 410
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in McLoughlin v O’Brian [1983] 1 AC 410. The document also included supporting commentary from author Craig Purshouse.
Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281. The document also included supporting commentary from author Craig Purshouse.
Bolitho v City and Hackney HA [1998] AC 232
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. The document also included supporting commentary from author Craig Purshouse.
Montgomery v Lanarkshire Health Board [2015] UKSC 11
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11. The document also included supporting commentary from author Craig Purshouse.
Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428. The document also included supporting commentary from author Craig Purshouse.
Henderson v Dorset Healthcare University NHS Foundation [2020] UKSC 43
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43. The document also included supporting commentary from author Craig Purshouse.
Rylands v Fletcher (1868) LR 3 HL 330
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rylands v Fletcher (1868) LR 3 HL 330. The document also included supporting commentary from author Craig Purshouse.
Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Transco plc v Stockport Metropolitan Borough Council [2004] 2 AC 1. The document also included supporting commentary from author Craig Purshouse.
Essential Cases: Criminal Law
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in criminal law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Jonathan Herring, including his assessment of the wider questions raised by the decision.
R v Stone and Dobinson [1977] 1 QB 354, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Stone and Dobinson [1977] 1 QB 354, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Clinton [2012] EWCA Crim 2, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

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.
R v Bree [2007] EWCA Crim 804, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

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 Hinks [2001] 1 AC 241, House of Lords
Authors: Herring Jonathan
Published: August 2023

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 Hinks [2001] 1 AC 241, House of Lords. The document also included supporting commentary from author Jonathan Herring.
11. Patentability
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter explores the criteria that are applied by an intellectual property office in examining a patent application. These applies to all forms for innovation and are novelty, inventive step, and industrial applicability. The chapter also explores additional requirements and barriers which apply in relation to biotechnological inventions, which has proved to be a particularly controversial issue in Europe, and the patentability of computer software and related inventions, such as business method patents. The chapter demonstrates the evolution in legal and policy thinking in these two fields, which provide a means to an understanding of developments in patent law in general.
14. Trade marks 2: definition of a registrable trade mark, absolute grounds for refusal and invalidation, and revocation
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter examines the definition of a registrable trade mark, absolute grounds for refusal or invalidation of a registered trade mark, the extent to which objections can be overcome through proof of distinctiveness acquired through use and the rules on revocation of a registered trade mark, both at national level for UK trade mark registrations and at EU level for the EU trade mark. It examines these issues looking at many different kinds of trade mark, from traditional work marks and logos to so-called ‘non-conventional’ trade marks such as three-dimensional product shapes, sounds, smells, colours, and position marks.
18. Privacy and control of information
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter considers the extent to which individuals can and should be able to prevent others referring to them and their activities and, conversely, the extent to which individuals and companies should be able to commercialise and control a reputation that they have built up. The discussions cover the evolving right to personal privacy (through the tort of misuse of private information) and its base in human rights, particularly in respect of photographs; obtaining and dealing with trade marks in respect of well-known personalities; the relationship between passing off and endorsement and merchandising; and the extent to which individuals and businesses can and do control the use of their image through endorsement and sponsorship. The chapter also considers data protection in this context, as well as the balancing of privacy and freedom of expression.
3. An Introduction to the Trust
Authors: Virgo Graham
Published: August 2023

This chapter introduces the concept of the trust in England. It explains that the trust is a core element of Equity and its nature and function has developed over time. It discusses the fundamental principles relating to the trust, the classification of different types of trust, and identifies the rights and interests associated with them. This chapter suggests that, while many of the essential components of the modern commercial trust can be traced back to the medieval use, the context in which the trust arises today is completely different, and this has had a significant impact on the development of the contemporary law of trusts.
13. The Administration of Trusts
Authors: Virgo Graham
Published: August 2023

This chapter examines the natures of trustees’ duties and power related to the administration of trusts. It considers the sources of these duties and powers, the function of the trust instrument in the interpretation of these duties and powers, and the issue of breach of trust. It describes the trustees’ power to compound liabilities, to settle claims, and accumulate income. This chapter also discusses some of the main duties of trustees which include the duty of care, the duty to safeguard the trust property, and the duty to maintain a fair balance between the beneficiaries. The duty to invest property is considered in some detail, with particular reference to the need to manage risk through a diverse portfolio and consideration of whether ethical considerations can be taken into account when selecting investments.
15. Fiduciary Duties
Authors: Virgo Graham
Published: August 2023

This chapter examines the nature of fiduciary duties and how a fiduciary relationship can be identified. It emphasizes that trustees are fiduciaries, and so are subject to fiduciary duties, but also considers other fiduciary relationships. The chapter analyses the nature and function of fiduciary obligations. It examines in detail the two core fiduciary duties of ensuring that there is no conflict between a fiduciary’s personal interest and their duty to the principal and also that a fiduciary should not profit from their fiduciary position. The chapter discusses the consequences of a breach of fiduciary duty and the available remedies for such a breach. In particular, the chapter considers when and why profits obtained by a fiduciary in breach of a fiduciary duty should be held on constructive trust for the principal, with particular reference to the receipt of bribes and secret commissions.
Textbook on Land Law
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The nineteenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of a subject students often find very abstract, while clarifying complex areas and common points of confusion. The book consists of seven parts. Part I provides an introduction to estates and interests in land. Part II looks at the acquisition of estates in land. Part III considers the two legal estates of freehold and leasehold, and in particular looks in detail at the obligations of landlord and tenant, their enforcement, and remedies for their breach. Part IV looks at co-ownership, trusts, and proprietary estoppel. Part V considers licences and provides a summary of the law relating to the family home. The next part considers third party rights, including easements, freehold covenants and mortgages, and the final part concludes with a consideration of the definition of ‘land’.
7. Acquisition of an estate by adverse possession
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. Another way to acquire an estate in land is by adverse possession. The Land Registration Act 2002 (LRA 2002) made major changes to the process of acquiring registered land by adverse possession, but the old rules continue to apply to unregistered land (and registered land where the period of adverse possession was completed before the new Act came into force). This chapter considers what is required to establish adverse possession, and then uses the example of another house in Trant Way, No 3 Trant Way, to illustrate the three systems in operation: adverse possession of unregistered land; adverse possession of registered land under LRA 1925; and the new system of adverse possession of registered land established by LRA 2002. The chapter concludes with a consideration of the human rights issues arising from adverse possession.
11. Enforcement of leasehold covenants
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses how leasehold covenants are enforced, considering the impact of the Landlord and Tenant (Covenants) Act 1995 and the distinction between ‘old leases’ (arising before 1 January 1996) and ‘new tenancies’ (arising after 1 January 1996). For both old and new leases, it considers the effect covenants have on the original parties to the lease; their successors in title (those who acquire the lease or the reversion from the original tenant or landlord); and subtenants (those who hold a sub-lease granted by the original tenant or his successor in title). It illustrates the law by reference to the previously-discussed tenancies of 5 Trant Way (new tenancies) and 6 Trant Way (an old lease) and also considers the position of the subtenants occupying 7 Trant Way.
17. Co-ownership
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses rules relating to the co-ownership of land. It covers the distinction between ‘joint tenancy’ and ‘tenancy in common’; how a court determines whether a joint tenancy or a tenancy in common has been created in equity, including a discussion of the impact of the leading cases of Stack v Dowden and Jones v Kernott on this issue; the severance of a joint tenancy; the relationship between co-owners; and the ending of co-ownership. The law is illustrated by reference to Mr and Mrs Armstrong (joint tenants of 1 Trant Way), six students who bought 8 Trant Way together and jointly occupy it, and a firm of chartered surveyors who jointly hold title to 10 Trant Way as their business address.
19. Proprietary estoppel
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the doctrine of proprietary estoppel. It discusses the nature of proprietary estoppel; the expectations of future rights; the criteria for proprietary estoppel; essential elements; satisfying the equity; the nature of the equity arising from estoppel; and the relationship between proprietary estoppel and constructive trusts.
7. EU law: is it international law?
Authors: Witte Bruno de
Published: August 2023

This chapter examines the legal nature of EU law—that is, its place within the realm of international law. Today still, the TEU and the TFEU form the basic documents of the EU legal order. It logically follows from this that EU law is still part—albeit a very distinctive and advanced one—of international law. There are, however, also good reasons for thinking that the EU is now so different from any other international organization in the world that it has become ‘something else’, more like the central unit of a European federal State. The chapter first presents the ‘straightforward’ view that EU law is a part (or ‘sub-system’) of international law. It then considers the ‘alternative’ view that EU law, although originating in international law, is now so distinctive that it should no longer be considered to be part of international law. It concludes with a discussion of the EU as both an object and subject of international law.
12. Free movement of goods
Authors: Oliver Peter , Navarro Martín Martínez
Published: August 2023

This chapter concerns the free movement of goods in EU law. This includes the Treaty provisions which prohibit quantitative restrictions on the free movement of goods between Member States (ie quotas and complete bans on imports or exports) as well as measures having equivalent effect (eg the national rules on the composition of beer and pasta). Particular attention will be paid to the landmark judgments in Cassis de Dijon, Keck, and Trailers. In view of their considerable importance, the conditions under which quantitative restrictions and measures of equivalent effect may be justified are also discussed at some length. In addition, this chapter includes the fiscal rules prohibiting customs duties, charges having equivalent effect and discriminatory internal taxation. Taken together these provisions, which concern restrictions on imports and exports, form the basis of the EU’s customs union.
16. Exceptions to the free movement rules
Authors: Shuibhne Niamh Nic
Published: August 2023

This chapter examines when Member States can lawfully displace the obligations placed on them by free movement law. Free movement rights can be restricted under EU law in two ways. For discriminatory or distinctly applicable restrictive measures, a derogation ground expressly provided for in the TFEU must be engaged. For indirectly or non-discriminatory measures, that is, indistinctly applicable restrictive measures, if an overriding requirement relating to the public interest can be demonstrated the measure will be lawful. In both cases, the restriction also has to satisfy a proportionality test—that is, it is both appropriate and necessary for achieving the relevant public interest objective.
22. Environmental law
Authors: Morgera Elisa , Kulovesi Kati
Published: August 2023

This chapter examines EU environmental law. It first introduces the legal framework of EU environmental policy by explaining its historic evolution, as well as its current objectives and principles. It then explores three representative areas of EU environmental law—nature conservation, water, and climate change—with a view to highlighting two trends of broader relevance to the understanding of EU environmental law as a whole: the interaction between environmental protection and economic development, and the interaction between EU and international environmental law. The chapter illustrates the very broad and ambitious objectives of EU environmental law, its progressive development and its continuing challenges, distinguishing areas of the EU environmental acquis that appear at different stages of development. Attention is focused on cutting-edge regulatory approaches in relation to freshwater and climate change. This chapter also demonstrates that the study of EU environmental law would not be complete without an understanding of the role of the EU as a global environmental actor, proactively engaged in the development and implementation of international environmental law. To a significant extent, EU environmental law aims to fulfil the international environmental obligations of the Union and/or its Member States. In addition, the EU increasingly develops its internal environmental regulation to anticipate or even influence the making of international environmental law.
1. Introduction to Family Law
Authors: George Rob , Thompson Sharon , Miles Joanna
Published: August 2023

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 begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases, and challenges facing the family justice system.
2. Critical Frameworks in Bioethics
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter digs deeper into the theories and critical frameworks that are widely used to characterise the concerns, interests, and principles at stake in ethical challenges arising in medicine and health-related contexts and that we can use to justify our responses to these challenges. In doing bioethics we are required to challenge easy assumptions and to interrogate the relevance and persuasiveness of reasons that might be given for ethical positions. The range of responses to questions surveyed in this chapter—such as what matters? Who matters? What defines right and wrong? And what does justice demand of us?—provide a range of frameworks that can be used in this critical endeavour.
11. Medical Confidentiality and Data Protection
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter covers two legal regimes in the biomedical context that are of increasing importance and complexity: the common law duty of confidentiality and data protection law. Both regimes have experienced significant development in the past generation. As part of this exploration, brief consideration will also be given to a third related and emerging legal regime, namely the tort of ‘misuse of private information’. The central focus of the chapter is the interplay between UK data protection law, the duty of confidentiality, and wider frameworks in Europe and at the international level. A range of sources are considered, including case law, primary, and secondary legislation such as the Health Service (Control of Patient Information) Regulations 2002, UK General Data Protection Regulation, and Data Protection Act 2018; guidance from entities such as the General Medical Council; and academic literature. The chapter illustrates that following both Brexit and the Covid-19 pandemic, medical confidentiality and data protection law are undergoing a state of reform that may have significant implications for patient privacy and trust in the healthcare system.
13. Organ Donation for Transplantation
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter examines legal and ethical issues in relation to organ donation for transplantation in the UK. First, an overview is provided of key legislation and organisations involved in the area, before moving on to examine legal and ethical issues arising from a diagnosis of brain stem or circulatory death, which must take place before organ donation from a deceased donor can proceed. A detailed analysis is then provided of law and regulation of deceased organ donation, with a particular focus on the new opt-out (deemed consent/authorisation) systems which are now in place in the UK’s four jurisdictions. An analysis of living organ donation for the purposes of transplantation is then provided, which is followed by an exploration of ethical issues relevant to trade and commerce in organs. The final section of the chapter provides a brief overview of scientific, legal, and ethical issues at stake in xenotransplantation.
17. Withholding and Withdrawing Medical Treatment from Adults
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

There are circumstances in which both law and ethics are engaged towards the end of an adult’s life. Among them are the conditions in which further medical treatment would be futile. Such treatment includes life-sustaining treatment provided by a ventilator, often necessitated following a traumatic brain injury which has placed them in a ‘prolonged disorder of consciousness’ from which there is no chance of recovery. Here an advance directive may not have been made, and it falls to the court to determine whether it is in the patient’s best interests to withdraw treatment. In this chapter, we consider the medical circumstances which may lead to that judicial consideration, along with the criteria on which courts will reach a decision on the legality of treatment withdrawal. We conclude that where there is disagreement with the insensate patient’s family members, treatment may be withdrawn where it is in that patient’s judicially assessed ‘best interests’, as long as there has been compliance with mental capacity legislation. In such circumstances, however, we also argue that treatment withdrawal is indistinguishable from euthanasia.
3. Trusts created expressly
Authors: Watt Gary
Published: August 2023

That property owners can dispose of their property as they choose. This can be a source of great uncertainty, especially in the case of a trust, for trust establishes equitable proprietary rights for people that are not owners according to legal formalities. ‘Three certainties’ must be satisfied before a court will acknowledge that a settlor or testator has created a private express trust: certainty of intention to create a trust, certainty as to the subject (property) of the trust, and certainty as to the object (beneficiaries or purposes) of the trust. This chapter, which deals with expressly created trusts, first considers the capacity to create a trust before turning to trusts established for private purposes, donations to unincorporated associations, and the construction of dispositions.
5. Ineffective disposition of benefit: resulting trusts
Authors: Watt Gary
Published: August 2023

If the beneficial owner of an asset transfers the asset to another who does not give or promise anything in return, and where there is no evidence of any intention on the former’s part to make a gift or trust of the property, it is impossible to determine to whom the benefit of the asset belongs. In this case, the beneficial ownership of the asset is assumed to be held by the beneficiary for the owner under a resulting trust. The resulting trust is therefore a type of trust that arises when there is no express intention to create it. This chapter examines the ineffective disposition of benefit, focusing on the resulting trusts. It also discusses the established factual categories of the resulting trust, the theory behind resulting trusts, rebutting the presumption of a resulting trust, resulting trusts of surplus benefits, the Quistclose trust, and pension fund surpluses.
13. Breach of trust: the personal liability of trustees
Authors: Watt Gary
Published: August 2023

The powers enjoyed by trustees are incidents of their legal ownership of the trust property, whereas their duties are incidents of their personal office. The beneficiary of any trust, even if it is a discretionary trust, has locus standi (which means ‘a place to stand’, used to describe a claimant’s right to be heard in a court of law) to bring an action against trustees for breach of trust. Common law concepts such as causation are increasingly being introduced to limit trustees’ liability for breaches of bare trusts in commercial contexts. This chapter examines the nature and potential extent of trustees’ liability for breach of their duties, along with the remedies that are available against trustees when they breach their trust. It also looks at defences that may be available to trustees in breach and, in the absence of defences, whether trustees may be relieved of personal liability.