bluuebunny/crossref_metadata_2025 huggingface dataset:
1. Introduction
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This introductory chapter begins with an overview of conveyancing, which is the process by which legal title to property is transferred. It then discusses the conveyancing of registered land; defensive lawyering and the conveyancing process; conveyancing and information technology; and the future of conveyancing.
4. Pre-contract searches and enquiries, town and country planning
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter considers pre-contract searches, enquiries, and town and country planning. It explains the why, what, and when of pre-contract searches and enquiries; the National Land Information Service; effects of the Law Society Conveyancing Protocol; commercial property enquiries; planning and conveyancing; changes of use; enforcement notices and stop notices; and building regulations.
5. Deduction and investigation of title
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

Deducing title is the process by which the seller demonstrates to the buyer that the seller owns the land and can convey it. Conversely, the process of investigating title is the means by which the buyer ensures that the seller does own the land, and can convey. This chapter discusses when these procedures are carried out and then considers in detail the methods for deducing and investigating title in both registered and unregistered land.
8. Pre-completion procedures and completion
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter begins with a discussion of pre-completion procedures, covering pre-completion when acting for the seller; pre-completion when acting for the buyer; pre-completion searches; and completion statements. It then focuses on completion, covering date, time, and place for completion; when the client is both selling and buying; and the mechanics of completion.
10. Leaseholds and commonhold
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter begins by considering leases, dealing with leases when acting for a lessee or lender, liability on covenants in leases, and lease variations. It then discusses new leases, existing leases, statutes and leases, and the Commonhold and Leasehold Reform Act 2002.
7. Renewal of process
Authors: Sime Stuart
Published: August 2017

After proceedings commence by issuing a claim form or other originating process, they must be brought to the attention of the defendants or respondents by service. Generally, originating process remains valid for the purpose of service for a period of four months. Service of proceedings marks a watershed in the litigation process. It is at this point that the defendant is put on formal notice that legal proceedings have been brought, and the time limit on service of proceedings is one which is relaxed with extreme caution. This chapter discusses periods of validity; power to renew; claims in respect of cargo carried by sea; multiple defendants; effect of stay; procedure on seeking an extension; and challenging an order granting an extension.
13. Default judgment
Authors: Sime Stuart
Published: August 2017

Judgment in default may be entered where the defendant fails to defend a claim. It produces a judgment in favour of a claimant without holding a trial. This chapter discusses when default judgment may be entered; cases excluded from judgment in default; entering default judgment; final judgment and judgment for an amount to be decided; deciding the amount of damages; setting aside default judgments; and stay of undefended cases.
19. Parties and joinder
Authors: Sime Stuart
Published: August 2017

This chapter first looks at the rules relating to different classes of party and then considers the rules governing multi-party litigation. Topics discussed include description of parties; particular classes of party; vexatious litigants; joinder; representative proceedings; representation of unascertained persons; intervention; consolidation; stakeholder claims; assignment; and group litigation.
20. Additional Claims under Part 20
Authors: Sime Stuart
Published: August 2017

This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a separate claim within the original claim.
23. Interim Applications
Authors: Sime Stuart
Published: August 2017

An order is a formal decision by the court granting a remedy or relief to a party, usually in the stages before the final determination of a case. Interim orders are sometimes made after the substantive hearing of a claim, and sometimes the relief granted at trial includes various types of orders. This chapter discusses pre-action interim remedies; obligation to apply early; applications with and without notice; interim hearings; summary determination of interim costs; and varying or revoking interim orders.
30. Striking out, discontinuance, and stays
Authors: Sime Stuart
Published: August 2017

This chapter discusses striking-out orders, discontinuance, and stays in civil proceedings. Rule 3.4(2) of the Civil Procedure Rules 1998 (CPR) allows the court to strike out a statement of case if it appears to the court: that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or that there has been a failure to comply with a rule, practice direction, or court order. A party who realizes their case is doomed is often best advised to discontinue to prevent the accumulation of further costs, but often has to pay the costs of the other parties to date. Stays are temporary halts in proceedings, and can be granted for a range of reasons. A stay is normally lifted once the reason no longer applies.
35. Experts
Authors: Sime Stuart
Published: August 2017

This chapter discusses the principles governing the use of expert evidence in civil claims. It covers the admissibility of expert evidence; control of evidence; choice of expert; privileged nature of experts’ reports; disclosure of experts’ reports; written questions to experts; examinations by experts; experts’ immunity from suit; and use of experts’ reports after trial.
38. Listing and pre-trial reviews
Authors: Sime Stuart
Published: August 2017

Claims that are not compromised and which do not end through striking out or summary or default judgment, have to be determined by the court at trial. Listing is the process whereby the court gives a date for the trial. This chapter discusses listing for trial; pre-trial reviews; listing in the Royal Courts of Justice; and adjournments.
45. Norwich Pharmacal and related disclosure orders
Authors: Sime Stuart
Published: August 2017

This chapter considers a number of other special forms of disclosure orders, the best known of which is the Norwich Pharmacal order. Norwich Pharmacal orders are primarily used for finding the identity of an unknown potential defendant. They can only be sought against a person who facilitated and got ‘mixed up’ in the wrongdoing. Norwich Pharmacal orders therefore cannot be made against ‘mere witnesses’. Pre-action disclosure orders bring forward the time when disclosure of documents takes place to the period before a claim is issued. Disclosure against non-parties enables the court to order a witness to produce documents in advance of the trial, thus avoiding adjournments when documents are produced at the last minute at trial.
48. Enforcement
Authors: Sime Stuart
Published: August 2017

Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.
13. Completion
Authors: Abbey Robert , Richards Mark
Published: August 2017

Completion is the moment in time when the buyer pays the balance of the purchase price to the seller in exchange for the deeds (if any), executed purchase deed, keys, and, if the contract so provides, vacant possession. This chapter discusses the how, where, and when for completion; deeds and unregistered land; postal completions; dealing with the discharge of the seller’s mortgage; the Land Registry’s electronic discharge (e-DS1) scheme; and the outcome of completion.
18. Commercial conveyancing
Authors: Abbey Robert , Richards Mark
Published: August 2017

Commercial conveyancing services support the market in and for commercial property. This chapter focuses on several different topics that relate to commercial property and involve specialist knowledge of commercial conveyancing. These include commercial leases; buying and selling commercial freeholds; and commercial property and some elements of revenue law.
19. Landlord and Tenant Act 1954, Part II
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter considers the provisions of the Landlord and Tenant Act 1954, Part II, which provides security of tenure for the majority of business tenants by giving them a statutory right to renew their lease or tenancy. It explains the need for ‘tenancy’; need for ‘occupation’; need for ‘the purposes of a business’; key methods of termination under the Act; section 40 notices; interim rent applications; landlord’s statutory grounds of opposition; tenant’s right to compensation; and the terms of the new tenancy.
20. Assessment guidance
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter considers the process by which students are required to demonstrate their knowledge and abilities on property law and practice—the subject assessment or examination itself. It presents some hints and tips to enhance and improve examination technique.
7. Pre-action substantive matters
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

The role of a student or practitioner in the dispute resolution (or litigation) department is to assist in the procedural and theoretical aspects of a client’s case. These latter aspects can include consideration of matters that can determine where an action proceeds and whether it is capable of proceeding. This chapter deals with issues that may be considered either before seeing a client on a new matter, at the first meeting, or, more commonly, after receiving detailed instructions and reflecting on the overall issues in the case. It considers jurisdiction and governing law; the capacity to sue or be sued; limitation; the legal components of an action; and remedies.
15. Part 36 offers
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

Offers to settle are a common occurrence prior to the resolution dispute or the start of trial. There does not appear to be a limit on the number of offers that can be made, although credibility and common sense would indicate that offers to settle should be made purposefully, but not irrationally. This chapter discusses the main features of Part 36 of the Civil Procedure Rules (CPR) and its Practice Direction (PD) in relation to commercial and personal injury claims; practical suggestions on dealing with Part 36 offers; and advising the client.
18. Experts and expert evidence
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

This chapter focuses on the role of experts in civil actions. It considers when expert support is needed — whether as part of the evidence submitted in the action, or as part of the advice sought to prepare the client’s case, or perhaps for both situations; the role that the expert will take in both of the situations identified; when permission of the court is needed to engage and submit expert evidence in the action; the need to provide a cost estimate of using an expert and the costs consequences for the client in engaging expert evidence; the management and suitable direction of steps taken in advising clients and proceeding with an action to meet the court’s overall discretion to control the evidence; and the important matters to consider in engaging an expert and in managing several experts in a case.
Foundations for the LPC 2017-2018
Authors: Firth Clare , Smart Elizabeth , Wright Kathryn , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan
Published: August 2017

Foundations for the LPC covers the compulsory foundation areas of the Legal Practice Course as set out in the LPC Outcomes: Professional Conduct, Tax/Revenue Law, and Wills and Administration of Estates. The volume also features content on human rights law. The volume uses worked examples and scenarios throughout to illustrate key points. To aid understanding and test comprehension of the core material, checkpoints and summaries feature in every chapter. The book covers topics such as professional conduct (including financial services and money laundering), revenue law (including income tax, capital gains tax, VAT, corporation tax, and inheritance tax), wills and administration of estates, and issues related to human rights.
4. Introduction to revenue law
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

This chapter provides an introduction to some of the essential principles of revenue law and to the main taxes studied on the LPC. It covers the main taxes; the sources of tax law; who pays tax; the administration of the tax system; and appeals against tax decisions.
9. Value added tax
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

Value added tax (VAT) is a tax charged on supplies of goods and services made by businesses that have (or should have) registered for VAT. This chapter discusses the circumstances in which VAT is charged; the rates of VAT; when VAT can be reclaimed; accounting for VAT; and doing VAT calculations.
13. Entitlement to the estate
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

This chapter discusses the law underlying the entitlement to a person’s property on his or her death. It considers the law of ‘testate succession’ where the deceased has left a will; the law of ‘intestate succession’ if there is no will, or if any will left by the deceased is not wholly effective to dispose of their estate; the law governing devolution of property not passing under the terms of the deceased’s will or the operation of the intestacy rules; and the law enabling members of the family or dependants of the deceased to make claims for provision against the estate.
4. Detention and Interrogation
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter considers the process of detention, questioning, and charging of the suspect. It discusses the rights of a volunteer at the police station; action immediately following arrest; the role of the custody officer; detention without charge; reviewing a suspect’s detention; the suspect’s right to intimation and/or legal advice; other rights and safeguards enjoyed by the suspect whilst in detention; the treatment of vulnerable suspects; interviewing the suspect; the requirement to caution; the elements of a fair interview; how an interview should be recorded; and charging a suspect.
9. Funding of Criminal Defence Services and First Appearance Process
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter considers the public funding of criminal proceedings and the early stages of the criminal litigation process. Topics discussed include legal aid as a human right; pre-charge advice and assistance; funded representation in court; representation orders; the interests of justice test; means testing and its application to cases tried in the magistrates’ court; the means test as applied to cases triable on indictment; work that can be done under a representation order; acquitted defendants and Defendants’ Costs Order; the future of public funding; and preparing for the first appearance before the magistrates’ court.
2. Partnership management and finance
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter first discusses the legal relationship between the partners under section 24 of the Partnership Act 1890. It then explains the duty of good faith; the partnership’s finances; the distinction between a partner and a lender; division of profits and sharing of losses between partners; payment of interest; and partnership property.
5. Termination of and retirement from a partnership
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

An individual may cease to be a partner on the happening of one of the following events: the dissolution of the partnership; his retirement; or expulsion from the partnership. If the partnership is dissolved, the partnership will come to an end and its assets and business dealt with accordingly. The situation is different on the retirement or expulsion of a partner. Here, the former partners can carry on the business, albeit through the medium of a newly constituted partnership. This chapter considers the legal consequences of the occurrence of these events.
16. Public companies
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter first discusses the distinguishing features of a public company. It then considers the advantages and disadvantages of obtaining a listing with the United Kingdom Listing Authority (UKLA) and the requirements for seeking and maintaining that listing.
22. Capital gains tax and inheritance tax on business assets
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter examines the capital gains tax (CGT) and inheritance tax regimes which apply to individuals in relation to businesses and business assets. Under the provisions of the Taxation of Chargeable Gains Act (TCGA) 1992, CGT is payable when a taxable person makes a disposal of chargeable assets giving rise to a chargeable gain unless an exemption or relief applies. The chapter first discusses the various rules which need to be considered to establish a taxpayer’s CGT liability on any given disposal. It then covers CGT in the business context; disposals of partnership property; disposals of shares; disposals of business assets owned by those involved in the business; the purchase by a company of its own shares; and inheritance tax.
26. Liabilities arising from insolvency
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter considers the rules which enable insolvency practitioners to claim assets which are not held by the insolvent company itself. It discusses wrongful trading; transactions at an undervalue and preferences; transactions defrauding creditors; and floating charges.
29. Sale of a business to a company
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

A sole trader or partnership may decide, for a variety of reasons, to incorporate the business. Incorporation will give rise to a number of tax and other problems. This chapter considers these problems and how they can be avoided, or at least mitigated. It shows that the tax rules are the most important in this area, since if they are not appreciated the payment of an unexpected tax bill can cause very serious cash flow problems. These include rules on income tax, capital gains tax, VAT, and stamp duty/stamp duty land tax.
2. Interviewing and advising
Authors: Webb Julian , Maughan Caroline , Maughan Mike , Keppel-Palmer Marcus , Boon Andrew
Published: August 2017

This chapter discusses the skills of interviewing and advising clients. It covers the purpose of interviews; the importance of non-verbal communication; preparing for initial client interviews; the WASP approach; listening and questioning techniques; providing appropriate advice and information; and establishing a professional relationship with the client.
3. Mens rea
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Mens rea refers to the mental element necessary for a particular crime. This may differ from one crime to another and the definition of each crime must be examined to determine what state of mind is required. This chapter discusses the meaning of intention, knowledge, recklessness, wilfulness, and mistake.
10. Non-fatal offences against the person
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, and administering poison.
11. Sexual offences
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences.
4. Interaction of actus reus and mens rea
Authors: Child John , Ormerod David
Published: August 2017

This chapter focuses on the interaction between actus reus and mens rea in proving criminal liability. It first considers how actus reus and mens rea relate to one another within the structure of an offence before discussing the issues that also emerge when applying offence requirements to a set of facts. As an example, it explains how every element (conduct, circumstance, and result) of an offence includes an actus reus requirement and a corresponding mens rea requirement. It also examines the correspondence principle and the doctrine of transferred malice, along with the coincidence principle. Finally, it outlines potential options for legal reform and a structure for analysing the actus reus and mens rea of an offence when applying the law in problem-type questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
9. Property offences
Authors: Child John , Ormerod David
Published: August 2017

This chapter deals with offences against property, a category of offences that criminalise conduct such as the taking of another’s property (e.g. theft, robbery), possessing stolen or criminal property (e.g. handling stolen goods, money laundering), and damaging another’s property (e.g. criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
11. General inchoate offences
Authors: Child John , Ormerod David
Published: August 2017

This chapter deals with general inchoate offences. A person’s conduct may be inchoate (‘just begun’, ‘undeveloped’), but also deserving of criminalisation. The chapter is structured around the three core general inchoate offences, namely: attempt, conspiracy, and assisting or encouraging. It explains the actus reus and mens rea of each of these offences, along with specific defences. It also looks at double inchoate liability, substantive offences in an inchoate form, and potential options for legal reform concerning the actus reus of attempts, the mens rea of attempts and conspiracy, and assisting and encouraging. Finally, the chapter discusses the application of general inchoate offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
13. Denials of an offence
Authors: Child John , Ormerod David
Published: August 2017

This chapter deals with the rules on denials of an offence, a denial of one or more actus reus or mens rea elements. In particular, it considers three sets of rules relating to the denial of an offence: intoxication, sane automatism, and insanity. As well as discussing how each of these rules can be used by D to avoid liability, the chapter also focuses on how circumstances of ‘prior fault’ can be used by the prosecution to substitute for missing mens rea elements so as to construct liability. It also outlines potential options for legal reform concerning intoxication, sane automatism, and insanity, and concludes by considering how denials of offending based on intoxication, automatism, and insanity should be applied to problem facts. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
1. Introduction
Authors: Ormerod David , Laird Karl
Published: August 2017

This introductory chapter examines the functions of criminal law and discusses the sources of criminal law. These include common law and statutes, EU and international law, and the Human Rights Act 1998. It also considers the principle of fair labelling in criminal law and the codification of criminal law.
7. Murder
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the law on murder. It considers when does life begin and end for the purposes of the law of murder; should an intention to cause really serious harm suffice as the mens rea for murder; and how might this area of the law be reformed so as to reflect generally recognized principles of the criminal law?
8. Voluntary manslaughter
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines categories of manslaughter in which the defendant killed with the mens rea for murder, but qualified for one of the partial defences which reduced his crime to one of voluntary manslaughter. These defences are: loss of control, diminished responsibility, and suicide pacts and assisted suicide.
10. Non-fatal offences against the person
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines non-fatal offences that range from a trivial tap on the shoulder to levels of harm threatening life itself. While the relevant offences are archaic in their definition and lacking in any coherent structure, they are extremely important because they are frequently prosecuted and they also give rise to interesting questions on issues central to the criminal law, such as how the autonomy of the individual should be respected. The chapter considers whether psychiatric illness can amount to an offence against the person; what level of harm constitutes ‘actual’ bodily harm as opposed to ‘grievous’ bodily harm; and whether actual bodily harm must be ‘inflicted’ or merely caused. Finally, the chapter examines the criminalization of disease transmission.
13. Theft
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the law governing theft. It considers the extent to which the criminal law of theft conflicts with civil law concepts of property; whether it is possible to steal property that belongs to oneself; the types of property that may be stolen; and the extent to which it is possible to provide a definition of ‘dishonesty’.
14. Robbery
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the offence of robbery. It is a very serious statutory offence that is, in essence, an aggravated form of theft. The chapter considers the circumstances in which it would be more appropriate to charge someone with theft rather than robbery. The chapter also examines the difficulties in defining the word ‘force’, which is key to establishing liability for robbery.
16. Fraud
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the offence of fraud. It is a statutory offence that can be committed in one of three ways: by making a false representation; by failing to disclose information; and by abuse of position. Each has a different actus reus and mens rea, but for the most part liability turns on whether D was dishonest. The chapter also considers the related offences of obtaining services dishonestly, possession of articles for fraud, and making or supplying articles for use in frauds.
17. Related offences in the Theft Acts 1968 and 1978
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines a number of related offences that are found in the Theft Acts 1968 and 1978. The chapter considers the rationale for the existence of these offences and examines why it was considered necessary to have offences that supplement the general offence of theft.
20. Attempt
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the law of attempts. It considers the precise mens rea for attempt: whether in addition to intending any result required for the crime, D must also intend the circumstances of the substantive offence in order to be guilty of attempting it; how far D’s acts must go in committing the substantive offence before he will be guilty of an attempt; whether the law criminalizes D who attempts to commit an offence even though on the facts it would have been impossible for him to commit the substantive offence; and reasons as to why it is appropriate to criminalize attempts to commit crimes.
21. Conspiracy
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the ways in which criminal law treats conspiracies. Some of the controversies examined include: whether it is necessary and/or desirable to criminalize conspiracies; the extent to which there can be a conspiracy under the Criminal Law Act 1977 if the parties have only agreed to commit the substantive offence subject to some condition; what must be agreed and who must intend what to happen for a crime of conspiracy; the mens rea of statutory conspiracies; and whether common law conspiracies are so vague as to infringe the rule of law.
22. Assisting and encouraging
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter considers the ways in which criminal law applies to those responsible for assisting or encouraging crimes, i.e. the nature and extent of secondary participation in a crime. The following controversies are examined: the conceptual basis for secondary liability; what is meant by ‘aiding, abetting, counselling, and procuring’; the mens rea necessary to establish secondary liability; the elements of ‘joint enterprise’ liability; and the Supreme Court’s decision in Gnango.
23. General defences
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter focuses on defences. The following controversies are examined: whether the fact of childhood constitutes a defence; the extent to which duress can negate criminal liability; whether necessity ought to be a defence; whether recent legislative developments have rendered self-defence unduly complex; and the distinction between justifications and excuses and whether these classifications have any practical import.
24. Mental conditions
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter considers the ways in which the criminal law treats people suffering from mental disorders. The following controversies are examined: when an individual can be regarded as mentally incapable of being tried; the relationship between insane and sane automatism; the extent to which the insanity defence reflects modern psychiatric practice; whether the lack of direct correlation between the medical and legal definitions of ‘insanity’ infringes the European Convention on Human Rights (ECHR); and how the insanity defence ought to be reformed.
4. The course of the trial
Authors: Munday Roderick
Published: August 2017

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the right to begin; the role of the judge; the judge’s right to call a witness; examination-in-chief; hostile witnesses; cross-examination; re-examination; calling evidence relating to witnesses’ veracity; the Crown’s right to reopen its case; and special protections extended to various classes of witness in criminal cases.
11. Drawing adverse inferences from a defendant’s omissions, lies, or false alibis
Authors: Munday Roderick
Published: August 2017

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: inferences drawn from the defendant’s silence; the silence provisions of the Criminal Justice and Public Order Act 1994; inferences drawn from lies told by the defendant: Lucas directions; inferences drawn from false alibis put forward by the defendant.
3. The judicial function in the law of evidence
Authors: Glover Richard
Published: August 2017

This chapter discusses the different functions in a court and how the court is composed of a tribunal of law and a tribunal of fact. In a jury trial, the judge decides matters of law and is the tribunal of law, while the jury is the ‘fact-finder’, the tribunal of fact. In a non-jury trial, the judge or magistrates perform both functions. This chapter discusses the functions of the judge in legal issues concerning evidence and, in particular, when a case is withdrawn from the jury because there is ‘no case’; judicial discretion; and admissibility of evidence illegally or unfairly obtained.
6. Witnesses
Authors: Glover Richard
Published: August 2017

This chapter is divided into two parts. The first part discusses the law on witness competence and compatibility. The general rule of law in England and Wales is that all witnesses, including children, are competent (able to give evidence) and witnesses are also compellable (liable to be required to give evidence subject to sanction for contempt). Particular rules apply to children and persons under disability, the accused in a criminal case, and spouses and civil partners. The second part deals with oaths and affirmations, covering the requirement of sworn evidence; the effect of oaths and affirmations; and exceptions to the requirement of sworn evidence.
9. Corroboration and suspect witness warnings
Authors: Glover Richard
Published: August 2017

This chapter discusses the corroboration rule and the practice of suspect witness warnings. It covers the meaning and function of corroboration; the fact that there is no general requirement for corroboration at common law and that a conviction or judgment may be based on the evidence of a single witness; where corroboration is required as a matter of law; the abolition of the rule of practice requiring the judge to direct the jury to exercise caution before convicting in the absence of corroboration; the development of suspect witness warnings; cases in which a suspect witness warning is required; and suspect witness warnings and confirming evidence.
12. The rule against hearsay III
Authors: Glover Richard
Published: August 2017

Admissions and confessions are the most important common law exceptions to the rule against hearsay. Section 118(1) of the Criminal Justice Act 2003 preserves any rule of law relating to the admissibility of admissions made by agents in criminal proceedings. This chapter is divided into two parts, the first of which discusses admissions, covering the principles of admissibility; what admissions may bind a party; and what may be proved by admission. The second part deals with confessions, covering the admissibility of confessions; the exclusion of confessions; evidence yielded by inadmissible confessions; excluded confessions as relevant non-hearsay evidence; confessions by the mentally handicapped and those otherwise impaired; the Codes of Practice and the discretionary exclusion of confessions; the use of confessions by co-accused; confessions implicating co-accused; and partly adverse (‘mixed’) statements.
18. Public interest immunity and privilege I
Authors: Glover Richard
Published: August 2017

This chapter first discusses the different rules governing public interest immunity and privilege, focusing on the waiver of the right to withhold and the use of secondary evidence if the original is immune from production and inadvertent disclosure. It then turns to public interest in both civil and criminal cases, covering applications to withhold material subject to public interest immunity; ‘affairs of state’ cases; whether the court can question the claim to withhold and by what criteria the claim to withhold should be judged; closed material procedures; the use of methods such as redaction to minimise the effect of a refusal to disclose documents; information given for the detection of crime, etc.; and confidentiality.
19. Public interest immunity and privilege II
Authors: Glover Richard
Published: August 2017

A privilege is a rule of law that permits a witness to refuse to answer a question, or a party to refuse to produce certain materials. This chapter discusses the privilege against self-incrimination. Legal professional privilege, consisting of legal advice and litigation privilege, is explained along with the exceptions and the importance of the ‘dominant purpose’ rule in litigation privilege and the limitation of litigation privilege to adversarial, and not investigative or inquisitorial, proceedings. Other privileges, in particular the ‘without prejudice’ rule in civil cases, and the protection of sources of information contained in publications under the Contempt of Court Act 1981, s. 10, are also examined.
Legal Ethics
Authors: Herring Jonathan
Published: August 2017

Legal Ethics provides an overview of this topic, highlighting that the issues surrounding professional conduct are not always black and white and raising interesting questions about how lawyers act and what their role entails. Key topics, such as confidentiality, negligence, and fees are covered, with references throughout to the professional codes of conduct. The work asks: who would or should defend a potential murderer in court? Can a lawyer represent two parties on the same case? Is ‘no win-no fee’ an ethical system? What are Chinese walls and do they work? Features throughout the title to aid learning include the highlighting of key cases, principles, and definitions; the inclusion of a variety of viewpoints through cases, popular media, and scholarly articles; and the inclusion of ‘digging deeper’ and ‘alternative viewpoint’ boxes which encourage critical reflection and better understanding of key topics.
4. The lawyer–client relationship
Authors: Herring Jonathan
Published: August 2017

This chapter explores the nature of the relationship between a lawyer and a client. It discusses professional codes and the three principles of standard conception: partisanship, neutrality, and non-accountability. It goes on to discuss the advertising of legal services, the ‘cab-rank rule’, solicitors and client choice, and ending a relationship with a client. It considers how lawyers should balance their duties to their clients and to others. The chapter also discusses the nature of the contract between solicitors and their clients.
6. Conflicts of interests
Authors: Herring Jonathan
Published: August 2017

This chapter discusses the ‘conflicts of interest’ principle. It explains the principles that underpin the no-conflict rule. It consider the obligations under the professional codes of conduct for the rule. The chapter also explores the ethical basis for the principle and exceptions to it. The chapter looks too at some of the case law on how lawyers should avoid conflicts of interest.
12. Business ethics
Authors: Herring Jonathan
Published: August 2017

This chapter examines the issue of business ethics. It first explains why business ethics matter. It then considers the notion of notion of corporate responsibility, and sets out policies and practices to ensure that businesses have an ethical dimension to their decision-making. The chapter explores the role of businesses in promoting worldwide social goods. It also considers the role of the lawyer in helping businesses to behave in an ethical way.
14. Gender, race, and diversity in the legal profession
Authors: Herring Jonathan
Published: August 2017

This chapter examines the issue of diversity in the legal profession. It first explains the meaning of diversity and the reasons why it should be promoted. It reviews the current status of the profession in terms of diversity. It considers diversity rules in the Equality Act 2010, Solicitors Regulation Authority (SRA) Handbook, and the Bar Standards Board (BSB) Handbook. Barriers to diversity and steps to promote diversity are also discussed.
4. Constitutionalism and the European Union
Authors: Schütze Robert
Published: August 2017

This chapter addresses the question of whether the EU has a constitution. It explores the formal constitutionalist credentials of the Union legal order and shows that the Union has claimed that the EU Treaties constitute the highest law in Europe. It then examines the constitutional nature of the Union from a ‘democratic’ perspective. Finally, it evaluates the Union legal order through the lens of liberal constitutionalism. This ‘classic’ constitutionalism assesses the legal nature of a document by insisting on a separation of powers and the existence of fundamental rights.
13. Free movement of natural persons and citizenship of the Union
Authors: Barnard Catherine
Published: August 2017

This chapter discusses EU law on the free movement of persons. It shows how the EU judiciary and legislature have responded to some of the challenges raised by EU migration. It highlights the following themes: the erosion of the requirement of an interstate element; how little it takes to establish an obstacle to free movement and thus a breach by the state of EU law; the need for the state to establish a justification in order to preserve state interests, but what the state can do to protect that interest is severely curtailed by the principles of human rights and proportionality. It shows that the Court views cases on the free movement of natural persons through a citizenship lens and thus is more willing to embrace a human rights dimension than it would be in cases on free movement of legal persons.
15. Free movement of capital
Authors: Flynn Leo
Published: August 2017

This chapter discusses EU law on the free movement of capital. It first considers the development of the current rules on capital, focusing on their material scope, direct effect, and role in relation to third countries. It then explains how the concept of restrictions, which is a feature of all internal market freedoms, operates in relation to capital. Next, it deals with the power of Member States to limit capital flows between different parts of the Union, as well as into and out of the Union. Finally, it examines the effects of case law regarding capital movement in relation to philanthropic and charitable activities, in order to see how the free movement of capital affects the ability of Member States to design the instruments by which they organize the delivery of services they consider are in the public interest.
16. Exceptions to the free movement rules
Authors: Shuibhne Niamh Nic
Published: August 2017

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, if a derogation ground expressly provided for in the TFEU can be engaged. For indirectly or non-discriminatory, that is, indistinctly applicable restrictive measures, if an overriding requirement relating to the public interest that is capable of justifying a restriction of the fundamental freedoms established by the Treaty can be demonstratedIn 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.
17. Competition law
Authors: Jones Alison , Townley Christopher
Published: August 2017

This chapter examines the two core competition rules that govern anti-competitive agreements (Article 101 TFEU) and abuse of a dominant position (Article 102 TFEU). It begins with an overview of EU competition law. It then discusses the enforcement and consequences of infringement; who Articles 101 and 102 TFEU apply to and when they apply. It also identifies anti-competitive agreements and conduct.
18. Public services and EU law
Authors: Hancher Leigh , Sauter Wolf
Published: August 2017

This chapter discusses EU law on public services. It begins by explaining the meaning of the term ‘public services’ and the related term used by the EU, ‘services of general economic interest’ (SGEIs). It then considers the rules on commercial monopolies set out in Article 37 TFEU and the rules on state aid in Articles 107 and 108 TFEU. This is followed by case studies on the following public services: utilities, social services, and health care.
20. Labour and equality law
Authors: Rönnmar Mia
Published: August 2017

This chapter discusses a number of key labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; fundamental Treaty freedoms and national collective labour law; flexible work and working conditions; the EU and national labour law in times of economic crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.
22. Environmental law
Authors: Morgera Elisa
Published: August 2017

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 . This is 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.
24. EU external action
Authors: De Baere Geert
Published: August 2017

This chapter examines the EU law on external relations. It explores the complex division of competences between the Member States and the Union, and between the different institutions of the Union in the field of external action; the applicable decision-making procedures, including the procedure for concluding international agreements; the Union’s composite system of external representation; and how the Union manages the vertical (between the Union and the Member States) and horizontal (between the different Institutions and policy fields of the EU) division of its external competences.