bluuebunny/crossref_metadata_2025 huggingface dataset:
8. Advocacy and the solicitor
Authors: Webb Julian , Maughan Caroline , Maughan Mike , Keppel-Palmer Marcus , Boon Andrew
Published: August 2017

Advocacy involves the presentation to a judge of two competing versions of the facts, of the law, or both. This chapter discusses the skills of solicitor advocacy. It focuses on identifying key principles of the ethics of advocacy; understanding the structure of a case presented for trial; developing a case presentation strategy incorporating the client’s goals; making an effective submission; and planning an examination-in-chief and cross-examination using appropriate questions.
10. Continuing your learning
Authors: Webb Julian , Maughan Caroline , Maughan Mike , Keppel-Palmer Marcus , Boon Andrew
Published: August 2017

This chapter discusses the processes of continued learning and development throughout one’s legal career. It focuses on how experiential learning happens; how to use personal experiences to become more proficient; and self-development activities.
1. Introduction
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 introductory chapter answers the following questions: What is a crime? What purpose or function does the criminal law serve? Why is particular conduct classified as criminal? What are the purposes of punishment? It also examines briefly discusses the impact of the European Convention on Human Rights on English law.
4. Negligence and strict liability
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 meaning of negligence; criminal liability for negligence; the meaning of strict liability; the origins of strict liability; identifying offences of strict liability; justifications for strict liability; defences to strict liability; and strict liability and the European Convention on Human Rights.
6. General defences
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 general defences of duress, necessity, and private defence and prevention of crime. Duress relates to the situation where a person commits an offence to avoid the greater evil of death or serious injury to himself or another threatened by a third party. Necessity relates to the situation where a person commits an offence to avoid the greater evil to himself or another, which would ensue from objective dangers arising from the circumstances in which he or that other are placed. An accused charged with a violent offence may seek to plead that he acted as he did to protect himself, or his property, or others from attack, or to prevent crime, or to effect a lawful arrest.
9. Homicide
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 offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’ for which the penalty is life imprisonment. Manslaughter generally covers all unlawful homicides which are not murder. The punishment for this offence is in the discretion of the court. Manslaughter may be divided into voluntary and involuntary. Voluntary manslaughter arises where the accused has committed murder but mitigating circumstances, either diminished responsibility or loss of self-control, are present reducing his culpability. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable.
1. Introduction
Authors: Child John , Ormerod David
Published: August 2017

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. It then outlines the reasons why people commit crimes, which types of people commit them, and whether certain groups are over-represented in criminal statistics. It also discusses the role of evidence in assessing how well criminal offences can be proved in practice; the punishments for committing crimes; the difference between criminal and civil law; the process and procedure to obtain a criminal conviction; sources of the substantive criminal law; the internal structure of offences and defences; principles of the substantive criminal law and the subjects to which it applies; legal reform; and the application of the current law.
5. Murder
Authors: Child John , Ormerod David
Published: August 2017

This chapter focuses on the offence of murder within the context of criminal law, with particular emphasis on its problematic and controversial nature. It first considers the definition of murder in terms of actus reus and mens rea. It then discusses the defences to murder, including general defences, specific complete defences (e.g. cases involving doctors and the treatment of terminally ill patients), and partial defences (e.g. loss of self-control, diminished responsibility, and suicide pact). It also outlines potential options for legal reform concerning the mandatory life sentence and the mens rea of murder, and concludes by presenting a structure for applying the actus reus and mens rea for murder to problem facts. Relevant cases are highlighted throughout the chapter, and there are also boxes that highlight common pitfalls to avoid and other areas of confusion for those new to the law.
10. Fraud
Authors: Child John , Ormerod David
Published: August 2017

This chapter deals with fraud, an offence under section 1 of the Fraud Act 2006 (FA 2006). It first discusses the central fraud offence, which can be committed by false representation, failure to disclose information, and/or abuse of position. The chapter then moves to consider related offences of obtaining services dishonestly and possession of articles for use in frauds, along with other fraud and deception offences. Finally, the chapter outlines potential options for legal reform concerning the drafting of FA 2006, fraud and the irrelevance of results, and distinguishing theft and fraud, as well as the potential application of fraud offences within a problem question. Relevant cases are highlighted throughout, with brief summaries of the main facts and judgments.
14. General defences
Authors: Child John , Ormerod David
Published: August 2017

This chapter deals with general complete defences that the accused can use to avoid liability. The focus is on defences that can apply (with one exception) to offences throughout the criminal law and will result in the accused’s acquittal. Five kinds of general complete defences are examined: insanity (as a defence), duress by threats, duress by circumstances, the public and private defence (also known as self-defence), and necessity. The chapter first considers the categorical division between excuses and justifications, before explaining the elements of each of the defences in turn. It then outlines potential options for legal reform concerning individual defences and concludes by discussing the application of the general defences to problem facts. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
6. Strict liability
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter focuses on identifying the circumstances in which an offence will be construed as one of strict liability—that is, where the Crown will not have to establish mens rea in relation to every element of the actus reus. The following controversies are examined: the presumption of mens rea, that is, unless Parliament has indicated otherwise, the appropriate mental element is an unexpressed ingredient of every statutory offence; how to ascertain whether an offence is in fact one of strict liability; whether strict liability infringes Article 6 of the European Convention on Human Rights (ECHR); and the merits of strict liability offences.
11. Consent and offences against the person
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the controversial question of whether and, if so, when a sane adult should be permitted to consent to harm to himself or to the risk of harm to himself. It considers the threshold of harm—should V be permitted to consent to any level of harm or only to minor harms; whether a person should be permitted to consent to different levels of harm in certain activities: surgery, boxing, horseplay, etc; whether the transmission or risk of transmission of diseases or infections can be consented to; and what constitutes ‘true’ consent.
12. Sexual offences
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the law governing sexual offences found in the Sexual Offences Act 2003, focusing on non-consensual offences. Some of the controversies examined include the following: Parliament’s failure to define core elements of the offences, such as ‘consent’ and ‘sexual’ and the attempts by the courts to fill these lacunae; whether a deception perpetrated by the defendant necessarily vitiates the complainant’s consent; and the overly wide breadth of some of the offences.
25. Intoxication
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter discusses the law on offences involving intoxication. It distinguishes between voluntary and involuntary intoxication, and between ‘specific’ and ‘basic’ intent. Cases are presented to show that state of mind is both a necessary element in the definition of an offence as well as in some defences. Just as intoxication may cause a person to lack the mens rea of an offence so it may cause him to have the necessary mental element of a defence.
Evidence
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. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.
Introduction
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 introductory chapter discusses the origins of a ‘law of evidence’ and the properties of the law of evidence.
1. Relevance and admissibility of evidence
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 respective functions of judge and jury; the concept of relevance; the so-called ‘best evidence principle’; matters of which proof is unnecessary; judicial findings as evidence; prejudicial evidence, unfairly obtained evidence, and suspect witnesses; and evidence excluded as a matter of public policy.
2. Presumptions and the burden of proof
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: criminal and civil burdens of proof; the ‘legal burden of proof’ and the ‘evidential burden’; the ‘tactical burden’; the prosecution’s legal burden of proof in criminal cases; when the defendant in a criminal case bears the legal burden of proof; the standard of proof; the evidential burden; the judge’s ‘invisible burden’; the burden of proof when establishing the admissibility of evidence; presumptions and the incidence of the burden of proof; and reversal of the burden of proof and the European Convention on Human Rights.
6. Character and credibility
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: issue and credit; the concept of ‘credibility’; bringing out the character of the parties and their witnesses; and evidence of the defendant’s good character.
7. Evidence of the defendant’s bad character
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: whether or not to admit evidence of a defendant’s misconduct on other occasions; the admission of evidence of a defendant’s bad character in criminal cases; and similar fact evidence in civil cases.
8. The opinion rule and the presentation of expert evidence
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 general rule excluding evidence of opinion; four exceptions to the opinion rule born of necessity; the principal exception to the opinion rule: expert opinion; the presentation of DNA evidence; and the presentation of the Bayes theorem and instructing the jury in mathematical probabilities.
9. The rule against hearsay
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 rationale underlying a rule against hearsay; hearsay in criminal cases; and hearsay in civil proceedings.
10. Confessions
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: what constitutes a ‘confession’ under the Police and Criminal Evidence Act 1984 (PACE), s 82(1)?; at common law, an accused’s silence may amount to an admission, Can a denial ever amount to a ‘confession’ under PACE, s 82(1)?; whether a denial ever amounts to a ‘confession’ under PACE, s 82(1); the conditions of admissibility of confessions under PACE; What if the accused, having first made an inadmissible confession, later makes a further confession that is obtained by proper methods?; Confessions made by mentally handicapped persons (PACE, s 77); the admissibility of evidence discovered in consequence of an inadmissible confession; Using an inadmissible confession to show that the accused speaks, writes, or expresses himself in a particular way; the status of ‘mixed statements’; An accused’s statement to the police is not normally evidence against other co-accused; an accused’s right to use his co-accused’s confession (PACE, s 76A); and confessions by third parties, the prosecution, and the hearsay rule.
12. Identification evidence
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 inherent unreliability of evidence of identification; the Court of Appeal’s decision in Turnbull; identification procedures and PACE Code D; and Code D and the various methods of identification.
Murphy on Evidence
Authors: Glover Richard
Published: August 2017

Murphy on Evidence is firmly established as a leading text for use on undergraduate law courses and in preparation for professional examinations. Frequently consulted by judges and practitioners, and regularly cited in judgments, it has come to be regarded as a work of authority throughout the common law world. The book’s unique approach effectively bridges the gap between academic study of the law of evidence and its application in practice, combining detailed analysis of the law with a wealth of practical information about how it is used in the courtroom. As in previous editions, the author’s teaching method is centred around two realistic case studies—one criminal and one civil—presenting challenging evidence issues and questions for discussion at the end of each chapter. The case study material for this new edition has been further developed with new videos on the Online Resource Centre. Fully up to date with the latest developments in this fast-moving subject, the fifteenth edition of Murphy on Evidence is as indispensable as its predecessors. Topics include: the language of the law of evidence; the judicial function in the law of evidence; the burden and standard of proof; character evidence; and the rule against hearsay.
4. The burden and standard of proof
Authors: Glover Richard
Published: August 2017

This first part of the chapter discusses the concept of burden of proof, covering the legal or persuasive burden of proof; the evidential burden; the effect of presumptions on the burden of proof; the legal burden of proof in civil cases; the evidential burden in civil cases; the burden of proof in criminal cases; defence burdens of proof before Lambert; defence burdens of proof after Lambert; and the burden of proof of secondary facts. The second part of the chapter discusses the standard of proof, covering standard of proof required of prosecution in criminal cases; standard of proof required of defence; standard of proof of secondary facts; the standard of proof in civil cases; and the standard of proof in matrimonial and family cases.
8. Cross-examination and beyond
Authors: Glover Richard
Published: August 2017

Cross-examination is the process of challenging the evidence of a witness called on behalf of another party, and was described by Wigmore as ‘the greatest legal engine ever invented for the discovery of truth’. Any witness who has taken the oath becomes liable to cross-examination by any other party. This chapter discusses the general principles of cross-examination (including the effect of an omission to cross-examine, and restrictions and limitations), cross-examination as to credit and an explanation of what constitutes collateral matters, and cross-examination on documents (and the potential effect of this on the admissibility of those documents). The re-examination of witnesses that may follow cross-examination is also considered along with the calling of evidence in rebuttal and a judge’s power to call witnesses.
11. The rule against hearsay II
Authors: Glover Richard
Published: August 2017

This chapter discusses the statutory exceptions to the inadmissibility of hearsay evidence in criminal cases that were created by the Criminal Justice Act 2003. The impact of the Human Rights Act 1998 on the admissibility of hearsay evidence is discussed, including the important cases of Horncastle and Al-Khawaja and Tahery v United Kingdom, where the Supreme Court and the European Court of Human Rights came into conflict over whether an accused may be convicted where the ‘sole and decisive’ evidence against him is hearsay. The common law exceptions preserved by the Criminal Justice Act 2003 are then considered—res gestae. The chapter ends with discussion of the abolition of hearsay in civil proceedings by the Civil Evidence Act 1995.
13. The rule against hearsay IV
Authors: Glover Richard
Published: August 2017

The rules applicable to confessions are not necessarily applicable to all statements made by a suspect when confronted with his suspected involvement in an offence, because not all such statements are even partly inculpatory. Two situations are of particular importance: those in which the accused denies the allegations put to him, and those in which he remains silent in the face of the allegations. This chapter discusses the following: the accused’s denials; the accused’s silence at common law; the accused’s failure to mention facts when questioned or charged; the accused’s failure to account for objects, substances, or marks; and the accused’s failure to account for their presence at the scene of the offence.
15. Character evidence II
Authors: Glover Richard
Published: August 2017

This chapter discusses the evidence of bad character in criminal cases since the abolition of the common law rules relating to it. It covers the definition of bad character under ss. 98 and 112 of the Criminal Justice Act 2003; evidence of bad character of accused and the admissible gateways under s. 101; evidence of bad character of persons other than accused under s. 100; safeguards in relation to evidence of bad character under s. 103; and other statutory provisions dealing with bad character, in particular those dealing with sexual history questioning: s. 41 of the Youth Justice and Criminal Evidence Act 1999.
2. The social context of the legal profession
Authors: Herring Jonathan
Published: August 2017

This chapter looks at lawyers in a broad social context. Lawyers hold a position of privilege within society by virtue of their knowledge about the law. It explores why lawyers have this special status and the role that they play in the broader society. It shows that the legal profession is under challenge from a number of directions.
3. The regulation of the legal profession
Authors: Herring Jonathan
Published: August 2017

This chapter considers who is allowed to become a solicitor or a barrister. It also considers what training they must have completed. The chapter goes on to examine the nature of the ethical guidance issued by the profession. There is discussion of the different ways in which the legal professions are regulated. The work of the Solicitors Regulatory Authority (SRA) and the Bar Standards Board (BSB) is explained.
5. Confidentiality
Authors: Herring Jonathan
Published: August 2017

This chapter discusses the principle of confidentiality. It explains the protection of lawyer-client communications and it discusses professional guidance on confidentiality. It goes on to examine the rule of legal professional privilege and the circumstances in which lawyers have a duty to disclose. The chapter discusses when a lawyer is permitted to breach confidence. In doing so, it looks at the broader ethical foundation for the duty of confidence.
9. Litigation
Authors: Herring Jonathan
Published: August 2017

This chapter explores the ethical issues that arise around litigation. It discusses theories of litigation, including disputes over whether litigation is ‘good’. The chapter covers the adversarial system of litigation in England and Wales, and inquisitorial adjudication. It also covers both criminal and civil litigation proceedings. In addition, the chapter considers advocacy services and the duties that litigators owe to the court.
15. Applying ethical theories
Authors: Herring Jonathan
Published: August 2017

This chapter explores the application of the principles discussed in the preceding chapter to specific cases. It imagines how four lawyers might respond to three different scenarios. The first is taken from criminal law. The other two are taken from commercial law and family law. The four lawyers represent different schools of thought on lawyers’ ethics.
5. Legislating in the European Union
Authors: Bradley Kieran St C
Published: August 2017

This chapter discusses the procedures for the adoption of legislative and other normative measures in the EU. It touches on a wide variety of subjects: forms of legal act; law-making competences and choice of procedure; the delegation of normative powers; and the application of the constitutional principles of conferral, subsidiarity, and proportionality. A number of more abstract matters are also covered, such as the hierarchy of norms and the ‘democratic deficit’.
8. General principles of EU law and EU administrative law
Authors: Hofmann Herwig C H
Published: August 2017

This chapter examines the steps which take place after legislation has been passed. It also looks at the principles and rules that exist to ensure the legality and legitimacy of administrative action implementing EU law. It begins with an overview of the key institutions and agencies of the EU and what they do. It then discusses the applicable law which is key to developing notions of accountability and the protection of rights in this field.
9. Fundamental rights in the European Union
Authors: Spaventa Eleanor
Published: August 2017

This chapter examines fundamental rights in the EU. It begins by analysing the historical background and the development of the case law on fundamental rights. It then examines the main Treaty provisions relating to fundamental rights protection, before turning to the Charter of Fundamental Rights of the EU. Finally, it looks at the relationship between the EU and the European Convention on Human Rights (ECHR), including the extent to which the European Court of Human Rights agrees to scrutinize EU acts. It also considers the draft agreement on the EU’s accession to the ECHR.
23. European consumer law
Authors: Howells Geraint
Published: August 2017

This chapter examines EU consumer law. It discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.
27. Brexit: the Legal Dimension
Authors: Peers Steve , Harvey Darren
Published: August 2017

The UK is planning to leave the EU following the results of the Brexit referendum of June 2016. How does the process for leaving the EU work, and what legal issues does it raise?
2. Official institutions of the European Union
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the official institutions of the EU, covering the composition, functions, and powers of the European Parliament; the Council of the European Union; the Commission; the Court of Justice of the European Union; the European Council; the European Central Bank; and the Court of Auditors. This chapter also briefly discusses the Economic and Social Committee and the Committee of the Regions; and addresses, where applicable, the immediate and potential impact of the Brexit referendum.
5. Member State liability in damages
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter considers the circumstances in which Member State liability will arise. The discussions cover the establishment of the principle of State liability; the Francovich test governing the imposition of State liability; the development of the principle of State liability; the Factortame test governing the imposition of State liability; the relationship between State liability and direct effect/indirect effect; and the relationship between State liability and EU liability under Article 340 TFEU.
6. Preliminary references
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter considers the procedure whereby a national court may make a preliminary reference to the Court of Justice under Article 267 TFEU and receive a preliminary ruling on the questions which it has referred. The chapter examines the questions of law that may be referred to the Court of Justice; the criteria for the ‘court or tribunal’ which may make a reference; from which courts a reference is discretionary and from which it will be mandatory; references concerning the interpretation and validity of EU law; national courts’ decision-making process in preliminary references and the relevant guidelines and exceptions; procedures in the Court of Justice for dealing with preliminary references under Article 267 TFEU; and the effects of a preliminary ruling.
13. Competition law: Article 101 TFEU
Authors: Berry Elspeth , Homewood Matthew J. , Bogusz Barbara
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on Article 101(1) TFEU, which prohibits agreements between undertakings, decisions by associations of undertakings, and concerted practices that may affect trade between Member States, and which have as their object or effect the prevention, restriction, or distortion of competition within the internal market. All three elements must be satisfied to establish a breach of Article 101(1). This chapter also considers the implications of the new Commission Notice on Agreements of Minor Importance (de minimis) (2014).
1. Introduction
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2017

This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including recent developments such as ACAS early conciliation, tribunal fees, and possible future reforms in the direction of one overall Labour Court.
5. The Regulation of Terms and Conditions At Work
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2017

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on rights to a guaranteed minimum wage; to rest breaks, paid leave, and a maximum 48-hour working week; to maternity, paternity, adoption, and other parental leave; and to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home, and that legislation should be judged according to how forthrightly it tackles these inequalities.
9. Collective Labour Law
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2017

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The law relating to domestic and European works councils is also considered.
3. Creation of Legal and Equitable Rights in Land
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the changes made by and the effect of the 1925 legislation. It covers the types of legal estates and interests prior to 1925; s1 Law of Property Act 1925; legal estates and interests existing after 1925 and equitable interests after 1925. The creation of legal and equitable property rights is discussed. It covers the creation and transfer of legal property rights; the creation of equitable interests in land by express trust; the creation of equitable interests by contract to convey or create a legal estate or interest; treating an informal grant of rights in land as a contract, thus creating an equitable interest in land; grant of an estate or interest by someone with only an equitable interest; and grants of interests which can exist only in equity.
6. Interests Protected by Registration and Overriding Interests
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses which interests require protection by registration and how interests in registered land are protected. It demonstrates how the priority of interests in registered land is determined, providing a basic rule that the priority of any interest in registered land is determined by the date of creation. It discusses searches of the register. It also discusses how to determine what are overriding interests (ie unregistered interests which override registered dispositions) and the meaning of the term actual occupation.
7. Trusts of Land
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the three types of trust under the old law which operated prior to the commencement of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It also presents criticism of the old law governing bare trusts of land; criticisms of strict settlements and the Settled Land Act 1925; criticisms of the trust for sale; the definition of a trust of land; the need for two trustees for a trust of land; appointment, retirement, and removal of trustees; method of appointment of trustees; unanimity of trustees; the powers of disposition of trustees of land; the trustees’ duties on exercising their powers; exclusion and restriction on trustees of land powers of disposition; and delegation of trustees’ powers to beneficiaries.
9. Co-Ownership—The Resolution of Disputes
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the legal nature of the rights of co-owners. It covers the effect of imposing a trust upon co-owners; tenancy in common arising because there is an implied trust; sections 13 to 15 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996); bankruptcy of a co-owner; the modern position of husband and wife co-owners on a marriage break-up; rights of co-owners in equity; Law of Property (Joint Tenants) Act 1964; and co-ownership of registered land.
11. Leases—The Basic Requirements
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles of the law of leases. It covers the essential requirements for a lease; duration of leases; some concepts related to the law of leases; the distinction between leases and licences; how exclusive possession is defined; and formalities for leases.
13. The Running of Covenants in a Lease
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter addresses issues stemming from the following question: If a tenant assigns their lease, or sub-lets, and/or a landlord sells his/her fee simple, who is now entitled to enforce the various terms of the lease, and against whom can they be enforced? The discussions cover the liability of original parties after assignment in pre-1996 leases; the Landlord and Tenant (Covenants) Act 1995; position of equitable leases; and position of sub-tenants and head landlords.
16. Rectification of the Register of Title
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rectification of the register (other than adverse possession); the situations where rectification of the register may be appropriate (‘double conveyancing’, registration obtained through fraud and/or forgery, and rectification against a registered proprietor in possession); and indemnity (indemnity for a registered proprietor where rectification is granted and indemnity for a person who is refused rectification).
18. Creation of Express and Implied Grant of Easements
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits); implied reservation of easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.
19. Prescription for Easements (and Profits)
Authors: Bogusz Barbara , Sexton Roger
Published: August 2017

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses rules common to all three forms of prescription; prescription at common law; prescription by lost modern grant; prescription under the Prescription Act 1832; prescriptive easements and profits as legal interests; and extinguishment of easements.
3. The Transfer of Powers and Union Competences
Authors: Foster Nigel
Published: August 2017

This chapter examines the multifaceted and increasingly complex relationship between the Union and the member states. It begins with the transfer of sovereign powers and democratic legitimacy of the Union, and the establishment of constitutionalism within the Union. The second section considers the division and control of competences between the Union and the member states and also, in this context, the principles of subsidiarity and proportionality, which are the political solutions to the very emotive questions about how power is shared between the Union and the member states.
6. Ensuring EU Laws Are Effective: Remedies and Art 267 TFEU
Authors: Foster Nigel
Published: August 2017

This chapter brings together a number of related issues indirectly linked to the preliminary ruling procedure under Art 267 TFEU—the vehicle by which the leading principles and remedies in EU law were developed by the Court of Justice; in particular, the means by which EU law could be enforced by individuals via the national courts, rather than by the Commission or other institutions, or member states in direct actions before the CJEU. The discussions cover Art 267 TFEU; direct applicability and direct effects; state liability; and national procedural law and the system of remedies.
3. Scope of the EU Treaty: laws and lawmaking
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the lawmaking powers of the European Union (EU) in the context of its Treaties. It explains that the EU has the competence to make law in a broad range of areas and that the amendments to the lawmaking procedures have affected the institutional balance, giving an increased role to the European Parliament. It discusses the changes made to improve the level of democracy at EU level. The chapter also considers the different aspects of EU competence, describes the lawmaking process and sources of EU law and also addresses questions concerning the determination of exclusive and concurrent competence, particularly in the context of subsidiarity.
4. Principle of supremacy of EU law
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the Court of Justice's (CJ) case law on the supremacy of European Union (EU) law over national laws of Member States, analyses the question of priorities between directly effective EU law and domestic law, and also looks at this problem from the perspective of the national courts. It argues that the CJ's introduction of the notion of supremacy was instrumental in providing a view of the Union as a body which went beyond what was normal for an international law organization. The chapter also describes how Member States developed their own constitutional rules as a response to EU law.
8. Remedies in national courts
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter, which examines the issues concerning the responsibility for procedural rules and remedies between European Union (EU) and national law, discusses the relevant jurisprudence of the Court of Justice (CJ) and explains how it has developed the principles of equivalence and effectiveness. It addresses the question of the extent to which EU law may require the creation of new remedies in national legal systems for EU law rights.
9. State liability
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability developed in subsequent cases such as Brasserie de Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.
10. The preliminary rulings procedure
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the relationship between the Court of Justice (CJ) and the national courts in the context of the preliminary rulings procedure provided by Article 267 of the Treaty on the Functioning of the European Union (TFEU). It analyses the extent to which national courts are willing and able to gain access to the CJ in order to resolve the questions of European Union (EU) law before them. The analysis reveals that the CJ has rarely refused its jurisdiction or attempted to interfere with national courts' discretion in matters of referral and application of EU law, while national courts have generally been ready to refer cases to the CJ.
15. Introduction to the internal market
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the common themes that affect the four freedoms which constitute the internal market in the European Union (EU): the free movement of goods, of people and of capital; and the freedom to provide services. It analyses the relationship between these four freedoms and highlights the role of the Court of Justice (CJ) in defining the freedoms’ scope, particularly as regards the social aspect of these freedoms. The chapter also suggests that these freedoms have operated to limit Member States’ regulatory freedom in wide-ranging policy fields.
16. Harmonisation
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the effectiveness of harmonisation in removing barriers to the four freedoms of the internal market in the European Union. It considers the relationship between harmonising measures and underlying Treaty provisions, and discusses concerns regarding the freedom of Member States to take individual action in harmonised fields. It evaluates the scope of the EU's power to enact harmonising measures in the context of the internal market and the extent to which the Union effectively has a general power to regulate. The chapter also discusses the relevant procedures of Article 114 of the Treaty on the Functioning of the European Union (TFEU).
17. Customs union
Authors: Woods Lorna , Watson Philippa , Costa Marios
Published: August 2017

This chapter examines the creation of the customs union to ensure free movement of goods within the European Union, discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), and considers the prohibition on customs duties and on discriminatory taxation. It explains that the prohibition on discriminatory taxation serves to prevent Member States from circumventing the prohibition on customs duties by discriminating against imports via their internal taxation system. The chapter also highlights criticisms of the Court of Justice’s (CJ) approach to customs duties and measures having an equivalent effect.