bluuebunny/crossref_metadata_2025 huggingface dataset:
Tomlinson v Congleton BC [2004] 1 AC 46
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tomlinson v Congleton BC [2004] 1 AC 46. The document also included supporting commentary from author Craig Purshouse.
St Helen’s Smelting Co. v Tipping [1865] 11 ER 642
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in St Helen’s Smelting Co. v Tipping [1865] 11 ER 642. The document also included supporting commentary from author Craig Purshouse.
Coventry v Lawrence [2014] UKSC 13
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13. The document also included supporting commentary from author Craig Purshouse.
Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4. The document also included supporting commentary from author Craig Purshouse.
B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v G and R [2003] UKHL 50, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v G and R [2003] UKHL 50, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Thabo Meli [1954] 1 WLR 228, Privy Council
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Thabo Meli [1954] 1 WLR 228, Privy Council. The document also included supporting commentary from author Jonathan Herring.
R v Hasan [2005] UKHL 22, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hasan [2005] UKHL 22, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Geddes [1996] Crim LR 894, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Geddes [1996] Crim LR 894, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Shivpuri [1987] AC 1, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Shivpuri [1987] AC 1, House of Lords. The document also included supporting commentary from author Jonathan Herring.
5. Article 101 TFEU: Substantive Appraisal
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: August 2023

This chapter examines the relationship between Article 101(1) and Article 101(3). It looks at the central question of which agreements, decisions, and concerted practices have as their object or effect the prevention, restriction, or distortion of competition for the purposes of Article 101(1) and at the issue of which agreements are held to infringe Article 101(1) but meet the criteria for exemption from the prohibition set out in Article 101(3). The chapter looks at the way in which the interpretation of ‘object or effect the prevention, restriction or distortion of competition’ has changed since the early days of EEC competition law and at the problems of identifying which agreements are restrictive by object and which restrictive by effect. It examines the recent and controversial case law on the concept of a restriction of competition by object, considers how restrictive effects are identified, and explores the concept of appreciability and the De Minimis Notice. The chapter also considers the matter of which restrictive agreements may nevertheless escape the prohibition in Article 101(1) because they individually meet either the four criteria set out in Article 101(3) or the conditions of a block exemption. It discusses whether the Article 101(3) criteria can encompass socio-political or public policy matters, including whether, and if so when, agreements between competitors designed to achieve sustainability objectives. may satisfy the conditions of Article 101(3).
6. Copyright 5: authors’ rights, and exploitation of copyright
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter begins by examining the rights granted exclusively to authors—moral rights and artist’s resale right. It discusses ‘moral rights’ first, that is, the right to be identified as the author of the protected work, and to have that work’s integrity respected by others, followed by the artist’s resale right. The rest of this chapter discusses fundamental rules and controls on exploitation and use of copyright. This includes dealings in copyright, such as assignment and licensing; specific features of copyright exploitation, for example collective licensing; and also contemporary issues related to the use of copyright works, for example the challenge of orphan works for users, and the application of technological protection measures by right owners to prevent unauthorised use of or access to protected works.
12. The power of a patent
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter deals with who is entitled to be a patentee, the rights that a patentee enjoys (which are some of the strongest within intellectual property law), the circumstances in which infringement actions might be brought, the defences that are available, and some points on exploitation practices. A key thread is the construction and interpretation of the patent and the inextricable link between the power conferred by the patent and questions of novelty and obviousness. This chapter also looks at sufficiency, the circumstances in which a patent may be revoked, and the risk of a claim for revocation of the patent.
13. Trade marks 1: key features, theoretical underpinnings, and the national, EU, and international regimes
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter introduces the key features of registered trade mark law, highlighting core aspects of registered trade mark protection and differences to other IP rights. It discusses the theoretical underpinnings for registered trade mark protection and accompanying policy tensions, particularly ongoing debates over whether registered trade mark protection should focus on the origin function of the mark or also extend to other trade mark functions associated with the creation and maintenance of brand investment and brand image. The chapter introduces the legal regime for the protection of trade marks from an international, EU, and UK perspective, and considers the impact of Brexit on registered trade mark law. The chapter also outlines the various international treaties relevant to the protection of trade marks.
21. IP enforcement and remedies
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter discusses civil intellectual property enforcement and remedies available in the event of infringement. It considers the UK rules on liability for groundless threats of infringement, including recent UK legislative developments in this field. It goes on to consider a range of interim remedies (including interim injunctions) and final remedies (including injunctions, intermediary injunctions, publicity orders, damages, and accounts of profits), all in the context of the EU IP Enforcement Directive and Court of Justice and UK case law developments.
The Principles of Equity & Trusts
Authors: Virgo Graham
Published: August 2023

The Principles of Equity & Trusts offers a distinctive approach to this dynamic area of law. This book examines the law of Equity and Trusts in its contemporary context, offering a critical and insightful commentary on the law, its application, and future development. The text communicates both Equity and trust doctrine and theory and reflects the modern understanding of the subject, as propounded both by the judiciary and commentators in England and other Common Law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. The book consists of eight parts. Part I considers the history and contemporary relevance of Equity. Part II is about the express trust. Part III considers purpose trusts. Part IV then examines resulting and constructive trusts. Part V is about beneficiaries. Part VI examines trustees’ powers and duties. Part VII examines variations of trusts. Part VIII is about breach of trust and fiduciary duty and the personal and proprietary remedies available for such breach.
4. The Requirements of an Express Trust
Authors: Virgo Graham
Published: August 2023

This chapter examines some of the requirements for the creation of an express trust. These include certainty of intention to create a trust, certainty of identifiable subject matter, certainty of objects, the beneficiary principle, and the perpetuity rule. This chapter explains that the creator of the trust, whether an inter vivos or testamentary trust, is given a great deal of flexibility as to the terms and operation of the trust. The chapter examines when a trust may be invalid, particularly for failure to comply with the certainty requirements, why the certainty requirements have been recognized, and how the operation of these requirements may be satisfied through careful construction of the trust instrument. The chapter also considers when the creation of the trust can be considered to be an abuse of trust.
2. Interests in land
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains how one person may have rights over land owned by another. It identifies the people who may have rights over Trant House—rights that could be enforced not only against Vernon, the fee simple owner, but also against anyone who acquires the property from him. It covers the distinction between legal and equitable interests in land; examples of legal interests; examples of equitable interests, including trusts; modern approaches to protecting interests in land; the distinction between ‘real’ and ‘personal’ property and different types of ‘personal property’; and briefly touches on human rights.
9. The leasehold estate
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter considers the nature and characteristics of a lease, and the ways in which it is created and brought to an end. It illustrates the law by reference to 5 Trant Way, a property comprising a maisonette and a basement flat, both of which are to be separately let for different periods of time (a weekly tenancy and a 99-year lease). It discusses the distinction between leases and licences and the basic requirements for creating a lease rather than a licence; the formality rules governing the creation of leases and their transfer; the determination of leases, including by joint tenants; and the ‘contractualisation’ of leases.
12. Remedies for breach of leasehold covenants
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the remedies available to one party to a lease when the other is in breach of duty. It first deals with general contractual remedies which are available in respect of breach of covenant. It then goes on to consider in more detail some special remedies which are peculiar to leases, and in particular the landlord’s power to forfeit the lease, i.e., to bring it to an end and to evict the tenant. It illustrates the law by reference to the tenants and subtenants of 7 Trant Way, introduced in Chapter 11.
13. Express and implied trusts
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter provides an outline of the general law governing trusts of land. It defines the trust and briefly explains the distinction between express, implied, resulting and constructive trusts. It then outlines how settlements of land used to be created, before the Trusts of Land and Appointment of Trustees Act 1996, and sets out the role of statutory trusts in regulating co-ownership of land in modern English law.
15. Settled Land Act settlements
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter briefly discusses the Settled Land Act (SLA) settlement created before 1 January 1997, the other form of trust which still exists in relation to land. It addresses the following three questions: who holds the legal estate in settled land? Are there trustees? What sort of property may be subject to a SLA settlement?
21. Special rights in relation to the family home
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter brings together some matters about the family home, and provides additional information about certain statutory rights which members of a family may have in respect of their homes, contrasting the rights of married couples and civil partners with the more limited rights of cohabitants. In conclusion, the chapter outlines past proposals for reform of the law relating to cohabitants’ rights in the family home. It illustrates the issues considered by reference to 11 Trant Way (occupied by Mr and Mrs Mould), 12 Trant Way (occupied by Mildred Mumps and Henry Newton) and 2 Trant Way (occupied by Barbara Bell and her father, Bob).
5. Legislating in the European Union
Authors: Bradley Kieran
Published: August 2023

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’. The chapter thus describes the legal structures and the rules governing the allocation of powers between the Union and the Member States, and the distribution of powers between the different organs of Union government.
11. The internal market and the philosophies of market integration
Authors: Snell Jukka
Published: August 2023

This chapter examines the nature of the European market, which the Treaties today call the ‘internal market’. It begins by setting out the three models of market integration—host country control, harmonized model, and home country control—each of which represents a very different approach to, or philosophy of, economic integration. It then considers how the nature of European market integration has changed in the course of the history of the EU. It argues that the original common market paradigm set out in the Spaak Report and incorporated into the Treaty of Rome gradually gave way to the single market paradigm first initiated by the European Court of Justice and subsequently embraced by the political institutions. Finally, the chapter investigates the principal tool the Treaty has created for the achievement of the internal market, namely Article 114 TFEU.
13. Free movement of natural persons and citizenship of the Union
Authors: Barnard Catherine
Published: August 2023

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 notes that what the state can do to protect that interest is 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.
14. Free movement of legal persons and the provision of services
Authors: Barnard Catherine , Snell Jukka
Published: August 2023

This chapter discusses EU rules which apply to a legal person’s establishment rights under Article 49 TFEU and its rights to provide services under Article 56 and 57 TFEU. It begins by discussing the Treaty provisions on freedom of establishment and free movement of services. It then considers some key pieces of secondary legislation adopted in the field of freedom of establishment and free movement of services—legislation intended to facilitate the operation of the freedoms in respect of legal persons. Finally, reference will be made to the major new developments in the field concerning the EU’s regulation of the digital single market.
17. Competition law
Authors: Jones Alison , Townley Christopher
Published: August 2023

This chapter examines the two core competition rules that govern anticompetitive agreements (Article 101 TFEU) and abuse of a dominant position (Article 102 TFEU). It begins with an overview of EU competition law and a consideration of the objectives of the rules. It then discusses the enforcement and consequences of infringement, and how Articles 101 and 102 have been interpreted. In particular, who Articles 101 and 102 TFEU apply to, when they apply, and how anticompetitive agreements and conduct are identified. It also sets out some case studies involving agreements and dominant firm conduct which may infringe Articles 101 and 102.
18. EU law on State aid and public procurement
Authors: Odudu Oke , Sanchez-Graells Albert
Published: August 2023

This chapter addresses the question of how EU law constrains State activity in respect of its spending decisions, through the control of State aid and through the obligations on the State to go through the process of public procurement when making significant spending decisions. The financial crisis and the pandemic have brought into sharp focus the importance of the rules and the scope for any exemptions. The chapter also explains how these rules have applied in the context of the provision of public services, in particular healthcare, a key social policy, as well as on the (financial) support to environmental sustainability.
19. Economic and Monetary Union
Authors: Hinarejos Alicia
Published: August 2023

This chapter explains how the Economic and Monetary Union (EMU) was set up and the flaws within the system. It gives a brief overview of the euro crisis and its relationship to, and consequences for, EMU. Finally, it looks to the current debate on the future of EMU and the EU, including the development of an EU banking union.
23. European consumer law
Authors: Howells Geraint , Watson Jonathon
Published: August 2023

This chapter examines EU consumer law. In recent years, international, supranational, and national events alongside technological developments have had and will continue to have a profound effect on EU consumer law. The Covid-19 pandemic has changed consumption habits which, together with rapid digitalization, have created new challenges and risks for consumers, testing the limits not only of older but also more recent EU consumer legislation in a range of sectors. In this context, this chapter 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.
26. EU external action
Authors: De Baere Geert
Published: August 2023

This chapter examines the law of EU external action. 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 chapter also examines the applicable decision-making procedures, including the procedure for concluding international agreements, and explores the Union’s composite system of external representation, illustrating the intricacies involved by looking more closely at EU external environmental policy. Furthermore, the chapter explores 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.
6. Financial Remedies on Divorce
Authors: George Rob , Thompson Sharon , Miles Joanna
Published: August 2023

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on financial remedies on divorce. After outlining key socio-economic data about the family economy and its impact on family members (especially parents) on relationship breakdown, it discusses financial remedies on divorce; the principles governing the grant of those and exercise of the statutory discretion; the clean break principle; private ordering; and reform.
8. Fundamental Principles in the Law Relating to Children
Authors: George Rob , Thompson Sharon , Miles Joanna
Published: August 2023

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which focuses on alternative approaches to child-related disputes and their influence on English law, first considers the welfare principle and its central role in child law today. It addresses the problems and limitations of the principle, and then looks at alternatives to a welfare-orientated approach. The chapter examines children’s rights as an alternative or supplement to a welfare-orientated approach. It explores the different theoretical perspectives on the concept of children’s rights; the extent to which this approach has gained acceptance within domestic family law; and the importance of the ‘non-intervention’ principle and the possible tension between a commitment to maximizing children’s welfare whilst supporting only a minimalist role for the state, including promoting family dispute resolution in the private realm.
3. The Governance of the Health System
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter examines the governance of the health system in the UK. In the UK, there are four health services which are often referred to collectively as the National Health Service (NHS). A general overview of the UK health system is provided, which includes examining how health policy is made and how health decision-makers are held to account, what public bodies are involved in the health system, and how the health system is financed. Consideration is given to the impact of current political devolution arrangements in the UK, which has resulted in health care and public health becoming the responsibility of the devolved administrations of Northern Ireland, Scotland, and Wales. Thereafter, each of the UK’s four health services are examined in more detail, focusing on their organisational structure, specific health initiatives, and their approach to patient safety and quality improvement.
9. Children and Consent to Medical Treatment
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter examines the law involving capacity to consent to medical treatment on the part of children and young people. An overview is first provided of key legislation and the role of the courts in the area. Thereafter, the concept of Gillick competence is then examined. Post-Gillick case law is explored in select areas, including refusals of medical treatment, objections to treatment due to religious beliefs, other welfare considerations, gender identity, and the care of critically ill young children. The final section briefly reflects on the role of human rights in promoting the autonomy of children and young people in decision-making about their own health care and how this has been interpreted by the courts.
10. Mental Health Law
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter explores the law in relation to mental health, and the concepts and principles engaged in its justification and critique. It compares the statutory frameworks across the UK jurisdictions, focusing first on the involuntary treatment of mental health problems, the legal criteria for when these powers may be used, and limitations or safeguards placed on those powers. It then discusses the legal rules which allow decisions to be taken on behalf of adults found to lack capacity to make decisions for themselves, discussing recent trends in case law relating to capacity and best interests. This chapter also considers relevant human rights instruments and their impact on the legal framework, focusing on Article 5 ECHR (the right to liberty), its interpretation in UK law, the impact of the UK Supreme Court Cheshire West (2014) case, and the relationship between mental health law and the UN Convention on the Rights of Persons with Disabilities. The chapter concludes by discussing current programmes of reform in the area.
14. The Body as Property
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter explores the debates that have arisen in relation to questions of ownership and control of our bodies, and what we are (or should be) able to do, with our separated human body parts and tissue. In recent years, this debate has centred on the status of the body as property, key aspects of which are examined in this chapter. In order to explore the parameters of this debate, the chapter proceeds with first identifying key terms, before moving on to examine key concepts such as ownership, control, and commodification; various property models in human tissue; and a comparative overview of jurisprudence addressing questions of trade and property in human tissue. Thereafter, an examination is provided of key UK case law which engages with the property approach in human tissue, covering reproductive material, the embryo, and the dead body, by way of example. The final section briefly examines intellectual property in human tissue.
15. Contraception and Abortion
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter discusses ethical and legal aspects of controlling fertility and birth. It begins by addressing the highly contested concept of personhood, before turning to consider varying forms of contraception, including contragestation and sterilisation (with a focus on non-consensual sterilisation of individuals judged to lack capacity). The chapter then considers the termination of pregnancy (including approaches across the UK and Ireland, and looking at how the law has evolved with regard to abortion), the position of the non-gestational parent, and the use of conscientious objection by care givers. The chapter concludes with a discussion on foetal research and experimentation, and foetal materials.
Trusts & Equity
Authors: Watt Gary
Published: August 2023

This book provides a detailed and conceptual analysis of trusts and equity; concentrating on those areas of the subject that are most relevant in the contemporary arena, such as the commercial context. It utilizes expertise in teaching, writing, and researching to enliven the text with helpful analogies and memorable references to extra-legal sources such as history, literature, and film. In this way, the book also stimulates students to engage critically with concepts. This new edition also includes the latest legal developments, including on: the status of cryptocurrency as trust property; so-called ‘Red Cross’ or ‘Massively Discretionary Trusts’; the presumption of advancement in favour of an adult, financially independent child; virtual witnessing of wills in the period of the COVID-19 pandemic; charitable trusts that engage with controversial and decisive issues; resort to cy-près schemes where a charity’s funds are not fit for purpose; disclosure of trust documentation and the beneficiaries’ right to confidentiality; rescission of a trustee appointment and removal of trustees under the court’s inherent jurisdiction; investment by charities in products conflicting with their purposes; establishing a dishonest breach of trust by a professional trustee; backwards tracing and anticipatory substitution; knowing receipt claims against foreign banks; and, dishonesty as an ingredient of dishonest assistance by a professional agent.
10. The fiduciary duty
Authors: Watt Gary
Published: August 2023

The fiduciary duty is the defining duty of trusteeship and consists of several overlapping obligations intended to promote loyalty or faithfulness. As part of his fiduciary duty, the trustee should avoid conflict with the interests of the trust and not to make an unauthorized profit from the trust property, or from his position of trust. The fiduciary duty may also apply to a person who is not a trustee, in which case he is said to be a fiduciary. This chapter examines the principal obligations of trusteeship and the implications of breach of those obligations for trustees, beneficiaries, and third parties. It first discusses the strict rule of exemplary fiduciary propriety before turning to the duty of good faith. The chapter also looks at fiduciary relationships and fiduciary duties, the fiduciary duty to avoid conflicts of interest, the fiduciary duty to account for unauthorized profits, and trustee remuneration.
12. Trustee investment
Authors: Watt Gary
Published: August 2023

Trustees must invest in a manner that is prudent and fair, and failure to do so may make them personally liable to compensate for any loss. However, it is difficult to prove a breach of trust, and to prove and quantify the loss suffered by the fund. Even if the trustees admit that they invested imprudently and that the trust fund suffered a loss, there seems to be no effective remedy for improper trustee investment. This chapter deals with trustee investment and shows that the modern trend in trustee investment is towards liberalization, freedom of choice, and the free participation of trust funds in investment markets. After discussing the nature of trustee investment, it considers the goals of trustee investment and the trustees’ investment powers. The chapter also analyses types of investment, the trustees’ investment duties, liability for improper investment by trustees, and ethical investment.
16. Equitable maxims, doctrines, and remedies
Authors: Watt Gary
Published: August 2023

In general, the leading court cases on equitable doctrines and remedies are very old. The fact that they still have the power to determine modern cases proves that equity is inherently adaptable. Originally developed by the old Court of Chancery in constructive competition with the common law courts, equity is now applied (since the Judicature Acts 1873–1875) by the unified Supreme Court of England and Wales. In addition, equity, as a dimension of law, has retained its special function of restraining or restricting the exercise of legal rights and powers in certain cases. This chapter considers principles (including maxims), doctrines (including conversion, satisfaction, performance, and election), and remedies that have been developed over time to help predict the way in which equity will operate in various types of cases.
13. The international regulation of the use of force
Authors: Henriksen Anders
Published: August 2023

This chapter discusses the regulation of when and for what purpose a state may use force against another state jus ad bellum. It provides an overview of the legal framework in the 1945 UN Charter. It analyses the content of the prohibition on the use of force in article 2(4) of the Charter; discusses the competences of the UN Security Council; and examines the right to self-defence. The Security Council is entrusted with primary responsibility for the maintenance of international peace and security and, under Chapter VII of the Charter, the Council may authorize the use of force if required to maintain and/or restore the peace. Article 51 of the Charter allows a state to defend itself in the case of armed attack.
Public Law
Authors: Le Sueur Andrew , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law. It provides clear and insightful commentary on the key institutions, legal principles, and conventions, and blends this with a carefully selected and diverse range of materials and case studies. Part I covers the fundamentals of the constitution. Part II examines the executive function including protecting rights, government and accountability. Part III looks at the legislative function including primary and delegated legislation, European Union treaties, and legislative processes. Part IV considers judicial and dispute resolution functions in terms of the judiciary, tribunals, the ombuds human rights, and constitutional change. Part V examines the European Union, including the institutions of the European Union and joining and leaving the Union.
4. The Rule of Law
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This chapter explains ‘the rule of law’. It first looks at the controversy over how to define the principle. Some experts argue that it should be ‘content-free’, dealing only with the form of law and the procedures by which law is made. Others favour a ‘content-rich’ meaning, so that the substance of laws should have to comply with fundamental rights. The chapter then examines the practical protection of the rule of law. In Britain, all three of the major branches of the state have functions in the development and application of rule of law principles. Judges use various approaches to protect the rule of law when adjudicating on cases. Parliament can enact legislation designed to safeguard the rule of law, though the principle of parliamentary supremacy means that legislation passed by Parliament that infringes the rule of law is not challengeable in the courts. Within government, various office-holders are responsible for ensuring respect for the rule of law.
14. Introduction to Judicial and Dispute Resolution Functions
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This chapter provides an overview of the themes covered in Part IV of the book. Chapter 15 examines the constitutional position of judges within the United Kingdom, looking in particular at judicial independence and at the process by which judges are appointed. Chapter 16 looks at redress mechanisms outside the court system—a terrain often referred to as the landscape of ‘administrative justice’. Chapters 17–19 examines judicial review of the legality of actions taken by public authorities; Chapter 20 examines the use of human rights arguments against these authorities.
16. Administrative Justice: Tribunals and Ombuds
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This chapter considers the main ways in which disputes between individuals and public bodies are resolved outside the court system in what is widely referred to as the landscape of ‘administrative justice’. The Chapter explains the nature and importance of administrative justice, including the need to ensure good quality and just initial decision-making by public bodies; the challenges faced by those accessing the administrative justice ‘system’ to question initial decisions; and the two principal pillars of the administrative justice system tribunals and the use and role of public sector ombuds. It also contains a case study based on the Windrush scandal.
3. Transfer of powers, competences, and law-making
Authors: Foster Nigel
Published: August 2023

This chapter examines the division of competence and the transfer of powers from member states to the European Union (EU) in relation to the law-making process. It explains that the transfer of powers is designed to provide EU institutions with law-making powers to enable the EU to carry out its duties. The chapter highlights shifting dynamics in the policy-making procedures of the EU, particularly the balance between the legitimacy of the European Parliament and the legislative superiority of the Council of Ministers. It also discusses the participation of the institutions in the legislative process and the law-making principles and procedures.
7. Treaty enforcement actions against member states
Authors: Foster Nigel
Published: August 2023

This chapter examines the enforcement of legal actions against member states in violation of the provisions of the Treaty on the Functioning of the European Union (TFEU). This is termed the procedural law. It explains what constitutes a breach of TFEU provisions and the process of identifying and reporting violations. It provides examples of the procedures involved in breaches of Articles 258, 260, 259, and 278–279 of the TFEU. This chapter also considers the actions brought by one member state against another, suspensory orders, and interim measures, and describes alternative actions that can help secure compliance by member states.
15. The relationship of the UK with the European Union and Brexit
Authors: Foster Nigel
Published: August 2023

This chapter charts the long association of the UK with the EU. It considers all aspects of this relationship including pre-membership, entry to the EC (EU), the first UK EU referendum in 1975, and the relationship over five decades. It considers how EU law was granted supremacy over UK law and how the courts viewed this. The chapter looks at the period up to and beyond the 2016 UK EU referendum on exiting or remaining in the EU. The immediate consequences of the result and the negotiations which were concluded following this to enable the UK to legally exit the EU on 31 January 2020 are also considered. The role of Article 50 of the Treaty on European Union (TEU) is discussed and particular attention is focused on the Northern Ireland Protocol. The chapter concludes with a fairly detailed look at the 2020 EU–UK Trade and Cooperation Agreement.
2. Legislation
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998. Finally it looks at EU legislation, which became increasingly significant during the time that the UK was a member of the EU. It explains the various institutions of the EU and role they had in the law-making process; the different types of EU legislation; and the circumstances in which individuals could use them in domestic courts.
Contract Law Directions
Authors: Taylor Richard , Taylor Damian
Published: August 2023

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its ninth edition, to all aspects of contract law. It is structured in four parts. Part 1 looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part 2 is about contents and borders and looks at positive terms, exemption clauses, and misrepresentation. Part 3 examines defects in terms of mistake, duress, undue influence, and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties.
12. Specific remedies
Authors: Taylor Richard , Taylor Damian
Published: August 2023

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter considers remedies that directly address the issue of providing the innocent party with the performance that was expected. Their use depends on a number of factors, which means that they are not universally available, and that the claimant will therefore often be left to his remedy in damages. The discussions cover actions for the price or other agreed sum, the rule in White and Carter v McGregor, affirmation and anticipatory breach. The chapter goes on to discuss specific performance and injunctions and the tests of damages being inadequate, mutuality plus other factors such as personal service contracts and the relevance of the need for supervision.
7. Reading cases and legislation
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter describes how to read and understand primary sources of law in academia and in practice. It provides examples of legislation (statute and statutory instrument) and case law (including both new and older styles of reporting). Techniques are suggested to read and understand these primary sources of law effectively and efficiently. Annotations are provided to explain the features on which to focus and how to understand what information the sources is supplying, and where. Encouraging familiarity with the layout of a source in turn develops understanding of how to best navigate, read and understand the source. Practical strategies for reading are also included.
12. Negotiation and mediation
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter provides guidance as to how to conduct a negotiation and a mediation, and explains the difference between the two. It covers how, why, and when a law student might require these skills, and how to further develop the skills for professional practice. Advice is given about how to prepare effectively for a negotiation by drafting a negotiation plan. There is consideration of the different approaches to conflict and uncertainty and how they impact negotiation style. The BATNA is defined and discussed. For mediation, a flowchart is provided to guide students through the mediation process. The growing trend towards online dispute resolution is covered.
17. CVs, applications, and interviews
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

Each year, over 18,000 students graduate with law degrees. Over 80 per cent of those will have attained either a First-class degree or a 2:1—and they will all be looking for jobs. The statistics reflect that the majority of those who have embarked on a legal career are able to demonstrate a high level of legal knowledge and academic attainment. To be successful in the job market, however, you need to stand out. This chapter covers the graduate careers employability process, looking at CVs, application forms, and interviews. Considering law firms and other graduate employers, it suggests ways of ensuring that applications and CVs best show a candidate’s knowledge, skills, and commercial awareness. It also provides guidance on approaching interviews, both face-to-face and online, and related selection activities, such as presentations, group work, and psychometric tests.
19. Businesses and the business environment
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter discusses the following: the importance of commercial awareness in understanding how businesses work; the main types of business structure (sole traders, partnerships, public and private companies), their organisation, and management; factors influencing management decisions; the environment in which businesses operate. It examines different markets, sectors, and industries, and the role of consumers within these markets; the increasing complexity of supply chains from business to consumer and the problems they face; the impact of competition within those different markets; and the challenges facing businesses within increasingly competitive global markets, including the advances in technology and environmental, social and governance issues (ESG).
14. Breach of statutory duty
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter considers the tort of breach of statutory duty. Unlike the statutory duties contained in the Occupiers’ Liability Acts 1957 and 1984 or the Consumer Protection Act 1987, where liability arises directly according to the provisions of the statute itself, in a civil action in the tort of breach of statutory duty, liability arises indirectly where a statute imposes a duty but does not identify a civil remedy in the event of its breach. The tort is a combination of statute and the tort of negligence; the duty is defined by statute, while the action lies in the common law. It should be noted that while much of the case law arises in the employment context, the tort of breach of statutory duty extends beyond this.
15. Intentional interferences with the person
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter examines intentional interferences with the person, including the torts comprising trespass to the person—battery, assault and false imprisonment—the tort in Wilkinson v Downton [1897] and the statutory tort of harassment. The trespass to the person torts seek to protect an individual against an infringement of their personal or bodily integrity, that is, against the infliction, or fearing the infliction, of unlawful force (battery and assault) and the unlawful restriction of a person’s freedom of movement (false imprisonment). The three trespass to the person torts have the same characteristics: the defendant must have intended both the conduct itself and consequences of their action; the defendant’s action must cause direct and immediate harm; and they are actionable per se, that is, without proof of loss. The chapter also considers the tort in Wilkinson v Downton, which provides a remedy for physical and psychiatric harm deliberately caused by a false statement, and the Protection from Harassment Act 1997, which imposes both civil and criminal liability for harassing conduct.