bluuebunny/crossref_metadata_2025 huggingface dataset:
Hirst v United Kingdom [2005] ECHR 681, European Court of Human Rights (Grand Chamber)
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hirst v United Kingdom [2005] ECHR 681, European Court of Human Rights (Grand Chamber). This case note concerns the provisions limiting the voting rights of prisoners, and the extent to which the United Kingdom is bound to follow the decisions of the European Court of Human Rights. The document also includes supporting commentary from author Thomas Webb.
Mosely v United Kingdom [2011] ECHR 774, European Court of Human Rights
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Mosely v United Kingdom [2011] ECHR 774, European Court of Human Rights. This case provides an exemplar of the challenges of balancing Article 8 and Article 10 rights under the European Convention on Human Rights (ECHR) and Schedule 1 of the Human Rights Act 1998 in the context of press regulation. There is also discussion of the qualified nature of these two rights. The document also includes supporting commentary from author Thomas Webb.
O’Brien v Ministry of Justice (formerly Department of Constitutional Affairs) [2013] UKSC 6, Supreme Court
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in O’Brien v Ministry of Justice (formerly Department of Constitutional Affairs) [2013] UKSC 6, Supreme Court. This case considered whether part-time judges were entitled to judicial pensions, but more generally considers the extent to which judicial remuneration is constitutionally protected from political influence. The document also includes supporting commentary from author Thomas Webb.
Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary from author Thomas Webb.
Porter v Magill [2001] UKHL 67, House of Lords
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Porter v Magill [2001] UKHL 67, House of Lords. This case note considers the introduction of a revised test for bias in public law decision-making. The document also includes supporting commentary from author Thomas Webb.
R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords. This case considered what types of interest, in addition to pecuniary interests, should require a judge to recuse themselves from sitting on a case. The document also includes supporting commentary from author Thomas Webb.
R v Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994] 2 CMLR 548, High Court (Queen’s Bench Division)
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994] 2 CMLR 548, High Court (Queen’s Bench Division). This case concerned whether organizations could demonstrate a sufficient interest for the purposes of bringing a judicial review on the basis of their expert knowledge and the public interest in bringing an application for review. The document also includes supporting commentary from author Thomas Webb.
R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co. [1990] 1 QB 504, High Court (Queen’s Bench Division)
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co. [1990] 1 QB 504, High Court (Queen’s Bench Division). The case concerned whether an interest group formed to protect a recently rediscovered Elizabethan theatre had sufficient interest to bring a judicial review against a decision not to protect the theatre. The case is considered with the Fleet Street Casuals case [1982] AC 617 and Greenpeace (No. 2) [1994] 2 CMLR 548 in mind. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court. This case examined the circumstances under which the Upper Tribunal would be subject to judicial review. There is also some discussion of ouster clauses. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division). This case considers the legality of the ‘Fast Track Rules’ which operated in asylum application cases, and the extent to which the courts can intervene in, and suspend, processes in major areas of government policy. There is also discussion of the relative roles of the courts and government in contentious areas of public policy. The document also includes supporting commentary from author Thomas Webb.
R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of H) v London North and East Region Mental Health Review Tribunal [2001] EWCA Civ 415, Court of Appeal. This case concerned whether the language of ss 72–73 of the Mental Health Act 1983 could be read in such a way as to be compatible with the Human Rights Act 1998 (HRA), under s. 4 of that Act, or whether such an interpretation was not possible. In the latter case the court should consider making a declaration of incompatibility. This note explores s. 4 HRA declarations of incompatibility. The document also includes supporting commentary from author Thomas Webb
R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC))
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC)). This case concerns the interpretation of constitutional statutes, in particular what should happen where two constitutional statutes conflict with one another. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, Supreme Court
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, Supreme Court. This case revisited the legality of ouster clauses discussed in Anisminic ([1969] 2 AC 147) in the context of the reviewability of decisions made by the Investigatory Powers Tribunal. The document also includes supporting commentary from author Thomas Webb.
R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court. This case considers whether the fees applicants were required to pay to access the Employment Tribunal and Employment Appeals Tribunal interfered with their ability to access justice. The UKSC articulated the right of access to justice as deriving from the common law. The document also includes supporting commentary from author Thomas Webb.
Republic of Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Republic of Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
Re Amendment to the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Amendment to the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada. This case considers the identification of constitutional conventions using the Jennings test, and the legal enforceability of conventions. The document also includes supporting commentary from author Thomas Webb.
2. The EU institutions
Authors: de Mars Sylvia
Published: September 2020

This chapter discusses the different institutions that make up the ‘EU government’. It begins by explaining the Article 50 TEU (Treaty of European Union) process, which sets out how a Member State can leave the EU. The chapter then describes the European Council, the European Commission, the Council of Ministers, the European Parliament, and the Court of Justice of the European Union (CJEU). The two other EU institutions set out in Article 13 TEU include the European Central Bank and the Ombudsman. The chapter then considers how the roles of the EU institutions in the UK will change over the next few years following Brexit. It studies the Withdrawal Agreement and assesses what happens after the so-called transition period.
4. EU legislative powers
Authors: de Mars Sylvia
Published: September 2020

This chapter examines the sources of EU law. As with domestic law, there are two overarching categories of EU law: primary law and secondary law. EU primary law includes the EU Treaties and the general principles of EU law. Meanwhile, EU secondary law includes regulations, directives, decisions, international agreements, and ‘soft law’. The chapter then looks at the legislative processes that are used to adopt secondary legislation, and assesses when, or in what policy areas, the EU can make law. It also considers two mechanisms that aim to prevent the EU from extending its legislative power beyond what the Treaties have granted it: the principle of subsidiarity and the principle of proportionality. Finally, the chapter addresses the impact of Brexit on EU law, assessing what will happen to EU law in the UK during the Withdrawal Agreement's transition period.
9. Fundamental rights in the EU
Authors: de Mars Sylvia
Published: September 2020

This chapter traces the development of EU law-based fundamental rights, from early Court of Justice of the European Union (CJEU) case law up to the Charter of Fundamental Rights. It considers the EU's relationship with the Council of Europe, focusing on how the CJEU and the European Court of Human Rights (ECtHR) attempt to avoid conflicting interpretations of overlapping rights, and whether the EU can in fact sign up to the European Convention on Human Rights (ECHR). It is important to remember that the ECtHR and the ECHR are not part of EU law. The ECHR is an international human rights treaty administered by the Council of Europe. It is applied and interpreted by the ECtHR, and is transcribed into UK law in the form of the Human Rights Act 1998. The EU, meanwhile, has the Charter of Fundamental Rights as its human rights ‘treaty’. The chapter then looks at the relationship between the CJEU and the ECtHR, and examines post-Brexit fundamental rights.
12. Free movement of workers
Authors: de Mars Sylvia
Published: September 2020

This chapter studies the ‘free movement of workers’, which was where free movement of persons law began under the Treaty of Rome. The current free movement of workers provisions are found in Articles 45–48 TFEU (Treaty on the Functioning of the European Union). Article 45 TFEU provides that freedom of movement for workers shall be secured within the Union. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration, and other conditions of work and employment. The chapter then explores the personal, material, and geographical scope of Article 45 TFEU. It also looks at the impact of Brexit on the status of current and future EU ‘workers’. The 2016 UK referendum showed that concerns about EU nationals being able to come without any restriction to the UK and access both British jobs and British benefits were one of the key drivers in the vote to leave the EU.
5. Land Registration
Authors: Lees Emma
Published: September 2020

This chapter explores how the English land law land registration system works in practice. The land registration system achieves three goals. The first is as a method of controlling the way in which rights are created. The second is in terms of managing the effect of such rights, once they have been created. The third is as a means to regulate the interactions between different proprietary rights which exist in relation to the same piece of land. The chapter considers the first two functions: mode of rights creation and effect of rights creation. It then looks at what happens when these functions go wrong within the system — how do the principles of registered land interact with the inevitable reality of both human error and human creativity? In answering this issue, the chapter considers how the register is rectified and altered. Finally, it examines potential reforms, including those proposed by the Law Commission, and the possibility of the advent of e-conveyancing. The Law Commission has now begun the process of bringing about reform of the Land Registration Act 2002 to allow for the smoother operation of the registration system in cases of error.
11. Mortgages
Authors: Lees Emma
Published: September 2020

This chapter examines mortgages, which are fundamental to the functioning of modern land law. They are the means by which most people finance the acquisition of their property. However, mortgages are more than simply a commercial transaction between a lender and a homeowner. They are also a property right in themselves and this brings with it a wide variety of options for the lender in terms of recovering their security. They also pose huge risks for the borrower. The chapter then explains the nature of the mortgage right and considers what terms can and cannot form part of a mortgage agreement. It also details the formal requirements of mortgages in terms of their creation, and identifies problems in the creation of a mortgage and the effects of these, looking in particular at the issues caused by undue influence. Moreover, the chapter describes the rights and obligations of the borrower in a mortgage (mortgagor), as well as that of the lender (mortgagee). Finally, it reflects on the third party effects of a mortgage, priorities, and land registration.
15. Priorities
Authors: Lees Emma
Published: September 2020

This chapter explores the issue of how property rights interact, and how conflicts between rights-holders are resolved. This is not a question of competing validity, but rather, of competing priorities. Understanding how priority rules operate is one of the most significant elements of land law. The chapter first explains the general priority rules for registered land. It then looks at the special priority rules in place for cases involving dispositions of registered land; for cases involving registered charges; and for cases involving first registrations. The chapter also considers some exceptional cases where these normal priority rules are supplanted by rules bespoke to particular scenarios. Here, it discusses priority searches; waiver and consent; the special rules relating to acquisition mortgages; the registration gap; overreaching; and subrogation. Finally, the chapter examines the consequences of a loss of priority.
3. Form
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

English law recognizes only two kinds of contract: the contract made by deed, and the simple contract. A contract made by deed derives its validity solely from the form in which it is expressed. A simple contract as a general rule need not be made in any special form, but requires the presence of consideration, which broadly means that something must be given in exchange for a promise. This chapter examines contracts by deed and (simple) contracts for which writing is required.
7. Incapacity
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This chapter discusses the grounds of contractual incapacity. It considers contracts made with the Crown and public authorities; corporations and incorporated associations; minors; and persons lacking mental capacity and drunken persons.
12. Performance
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This chapter discusses the rules governing contract performance. It covers the standards of contractual duty, time of performance, place of performance, order of performance, payment, vicarious performance, alternative modes of performance, right of party in breach to cure bad or incomplete performance, tender, and partial performance.
20. Limitation of Actions
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

At common law, lapse of time does not affect contractual rights. But it is the policy of the law to discourage stale claims because, after a long period, a defendant may not have the evidence to rebut such claims and should be in a position to know that after a given time an incident which might have led to a claim is finally closed. Accordingly, in the Limitation Act 1980, the Legislature has laid down certain periods of limitation after the expiry of which no action can be maintained. Equity has developed a doctrine of laches, under which a claimant who has not shown reasonable diligence in prosecuting the claim may be barred from equitable relief.
Information Technology Law
Authors: Lloyd Ian J.
Published: September 2020

Information Technology Law provides a thorough account of information technology (IT) law. The volume looks at the subject in a wide context, examining the legal response to the latest IT-related developments within society, bringing the law to life and examining how legal issues in IT can affect everyone. This title considers issues in IT law on European and international scales, providing a realistic overview of how the law in this area operates globally and encouraging further thought and investigation about the current issues within IT law. The ninth edition covers major new legislation in this field, including the General Data Protection Regulation and Data Protection Act 2018 l and its impact and scope; especially in the light of recent high-profile security breaches; updated coverage of patent and copyright law including consideration of the role of standard essential patents and standardisation within the IT sector, and digital rights management; discussion of the Consumer Rights Act 2015 with regards to digital products and content; and consideration of new cases in all areas of the law.
1. The death of privacy and the growth of surveillance
Authors: Lloyd Ian J.
Published: September 2020

The topic of privacy has many aspects. In some instances, especially where well-known figures are involved, it relates to the legal ability to stop the bringing of information about their private lives into a more public arena. For most people, it involves the ability to go about everyday life without having details of movements and actions recorded and analysed to form the basis for further actions relating to them. In some cases, this may appear relatively harmless. Most people are familiar with the notion of web advertising targeted by reference to a user’s browsing history but there have been more potentially threatening applications ranging from the use of automated facial recognition systems to monitor activity in public spaces to the oft cited use of Facebook data for political purposes as seen in the 2016 US Presidential election. More and more actions are recorded, processed and used as the basis for action that affects the individual concerned. Whether this is a force for good or ill is something that can be debated. What is clear is that informational surveillance will impact very significantly upon debates as to the nature of the societies that we wish to live in.
3. The scope of data protection
Authors: Lloyd Ian J.
Published: September 2020

A number of concepts are critical to an understanding of the topic. Data protection legislation has historically applied where personal data concerning an identifiable individual is processed by a data controller using automated equipment. Developments in technology make it increasingly difficult to apply these concepts. Data that a decade ago would have been anonymous can now readily be linked to an individual. The emergence of cloud computing technology also creates legal complications in determining where processing takes place and which legal system will govern conduct. This chapter will focus on definitional issues in order to provide a basis for more detailed discussion of the application of data protection legislation in the following chapters.
19. Design rights
Authors: Lloyd Ian J.
Published: September 2020

This chapter considers two forms of design right available in the United Kingdom: registered and unregistered design rights. The former is the older concept and was initially applicable to designs intended to be imprinted on linen; the system was extended to other forms of product by the Copyright and Design Act of 1839. This offered protection for ‘the ornamentation and for the shape and configuration of any article of manufacture’. The notion of unregistered design right was introduced to the United Kingdom in the Copyright, Designs and Patents Act 1988. Design rights in tablet computers are also discussed.
20. Trade mark issues
Authors: Lloyd Ian J.
Published: September 2020

This chapter focuses on trade mark protection in the United Kingdom and its operation in the context of Internet related activities. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.
22. International and European initiatives in e-commerce
Authors: Lloyd Ian J.
Published: September 2020

E-commerce is the retail phenomenon of the twenty first century and also – although it attracts less publicity - constitutes the medium within which many commercial transactions take place. This chapter will examine legislative initiatives in the United Kingdom and European Union that are designed to address some of the legal issues and problems that arise from on-line transactions. The main goal is to promote e-commerce both by means of conferring rights on consumers – as epitomised in the Distance Selling Directive that gives rights to inspect and return goods ordered on line- and give some businesses engaged in the sector a degree of immunity from some forms of legal liability. Key here is the notion of an “information society service” and provider as specified in the E-Commerce Directive. A further issue that arises in many e-commerce transactions is that consumers are able to contract with a supplier located in a different jurisdiction. Booking hotel accommodation is a frequently used example. Questions need to be resolved in this case which legal system and which courts will govern the transaction.
7. Leases
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter deals with leases and how they relate to the content, acquisition, and defences questions. It first considers the distinction between a lease and a licence, noting that such a distinction reflects the most fundamental distinction in land law: between a property right and a personal right. It then tackles the content question by focusing on the concept of exclusive possession, the requirement that a lease must have a certain term, the nature of a ‘Bruton lease’, the question of rent, and the intention to create legal relations. It also examines the acquisition question by explaining how leases may be created or transferred, and the defences question by distinguishing between legal leases and equitable leases. Finally, it discusses the nature and operation of leasehold covenants and consequent forfeiture if a leasehold covenant is breach. Finally it explains the use of leases in the ownership of flats.
8. Mortgages and Security Interests in Land
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter examines the law governing security interests that can exist in land, with particular emphasis on the legal charge by way of mortgage in the social setting of home ownership. It first considers the four different types of security interest that can exist in land — the pledge, the lien, the mortgage, and the equitable charge — before discussing the equity of redemption and its significance into the realm of the legal charge by way of mortgage. It then explains the rights and powers of the lender on the enforcement of the security and the ways in which the law seeks to protect the borrower as the more vulnerable party during the course of the mortgage transaction. It also explores the principle of procedural fairness in transactions involving surety mortgages, focusing on the concept of undue influence, and concludes with an analysis of regulatory control of mortgage terms.
9. Involuntary manslaughter
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines those types of manslaughter committed where the defendant lacks the mens rea for murder—called involuntary manslaughter. It considers whether the unlawful act manslaughter offence is too wide because there is minimal subjective fault required; whether the unlawful act manslaughter offence is too vague; whether a supplier of drugs can be liable for manslaughter if V dies from having taken them; and whether gross negligence manslaughter infringes the European Convention on Human Rights (ECHR).
11. Sexual offences
Authors: Ormerod David , Laird Karl
Published: September 2020

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.
15. Fraud
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines the offence of fraud. It is a statutory offence that can be committed in one of three ways: by making a false representation; by failing to disclose information; and by abuse of position. Each has a different actus reus and mens rea, but for the most part liability turns on whether D was dishonest. The chapter also considers the related offences of obtaining services dishonestly, possession of articles for fraud, and making or supplying articles for use in frauds.
17. Offences of damage to property
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines the offences of damage to property, which are governed by the Criminal Damage Act 1971. It considers the ability to define damage; the relationship between the elements of the offence, particularly D’s mens rea as to circumstance elements; and the arguments for endangerment offences.
14. The LLP Agreement
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter explains what the LLP Agreement does, and what default provisions exist in the absence of agreement. It considers whether a duty of good faith exists within the LLP Agreement. It discusses how an LLP Agreement might be amended, and considers the application of contractual remedies: damages, rescission, repudiation and frustration.
6. Legal services and the ethical lawyer
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter examines the development of the legal profession in the UK. It discusses lawyers as professionals; the importance of legal services and their regulation; the legal profession in England & Wales; the role of ethics in lawyers’ work and the changing face of the legal profession within society.
11. Client interviews and meetings
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter
13. Advocacy and mooting
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter focuses on advocacy, mooting, and communication skills. The section on advocacy skills considers the preparation and use of skeleton arguments and case bundles.
20. Law firms as businesses
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter first discusses the business aspect of law firms. Law firms have the same financial motivations and pressures as any other business. They need money (investment) to set up, and then to survive and grow. Law firms need to make a profit, attract clients, and stay ahead of other law firms. They operate within the legal market, producing a product-legal services-the ‘consumers’ of which are the clients. The chapter considers who those clients are, and why they chose a particular firm.
1. The Institutions of Employment Law
Authors: Emir Astra
Published: September 2020

This chapter explains the organisation and functions of the following institutions of employment law: the Employment Tribunal and Employment Appeal Tribunal; the Supreme Court, the Advisory, Conciliation and Arbitration Service (ACAS); the Certification Office; the Central Arbitration Committee (CAC); industrial training boards; the Equality and Human Rights Commission; the Health and Safety Executive; the Health and Work Advisory and Assessment Service; and the Low Pay Commission. It also discusses the impact of the EU on UK employment law and the implications of the Human Rights Act 1998 for employment law, and mentions the effect of the European Union (Withdrawal) Act 2018.
2. The Nature of a Contract of Employment
Authors: Emir Astra
Published: September 2020

This chapter discusses the parties to a contract of employment, the distinction between employees and self-employed persons, and other categories of parties to a contract of employment, looking at the different types of employment status and the tests used to decide which category a person falls into. It includes the status of directors, partners, office holders, ministers of religion, and the police, as well as apprentices, posted workers, domestic servants, and those working abroad and in offshore employment. It also has a discussion of whether people working in the ‘gig economy’ are workers or employees. Further, the chapter looks at those on fixed-term contracts and agency workers.
3. The Formation of a Contract of Employment
Authors: Emir Astra
Published: September 2020

This chapter discusses how an employment contract is formed, and it then looks at the terms and conditions of employment and how these terms are to be interpreted. The types of terms discussed include express terms, implied terms, statutory terms, collective agreements and how such collective terms are incorporated, and looks at custom as a source of employment terms and works and staff rules. The chapter also considers other aspects of the contract of employment such as disciplinary and grievance procedures, job descriptions, written particulars of the contract of employment, the right to itemised pay statements, variation of contractual terms, and occupational pension schemes.
4. Equality in Employment
Authors: Emir Astra
Published: September 2020

This chapter considers those provisions of the Equality Act 2010 that relate to employment law. These generally are to be found in Parts 5, 8, 9, 10, and 11 of the Act, together with provisions found in various schedules. Topics discussed include key concepts of the Act; various types of prohibited conduct such as direct and indirect discrimination; the protected characteristics as identified by the Equality Act; discrimination in employment; provisions in the Equality Act that are common to all of the protected characteristics; comparators; occupational requirements; submitting a complaint; enforcement powers of the Equality and Human Rights Commission; and other protected groups.
7. Employment Protection
Authors: Emir Astra
Published: September 2020

This chapter considers miscellaneous legal rights given to employees in the Employment Rights Act 1996 and other legislation. These are minimum standards which can be exceeded by agreement or negotiation, but they cannot be denied to an employee. The discussions cover guarantee payments (ERA, ss 28–35); suspension on medical grounds (ERA, ss 64–65) and time off work for various reasons, such as for public duties, study, or training, and for occupational pension scheme trustees. It also covers statutory sick pay; and the scheme surrounding the Working Time Regulations 1998, employment law, and looks at the provisions of the regulations and their enforcement.
10. Performance of the Contract of Employment
Authors: Emir Astra
Published: September 2020

This chapter begins with a discussion of the personal nature of the employment contract, and the fact that such a contract is necessarily one of personal service which gives rise to duties and obligations on both sides. It deals with issues such as the implied duties of the employer to provide for the employee (including the implied duty to provide work, pay wages, confidentiality, and the implied duty of trust and confidence), and the corresponding implied obligations of the employee (including the duty of faithful service, duty to use skill and care). There is also a discussion of whistleblowing and public interest disclosures. It then explains; employer’s vicarious liability; and statutory provisions relating to harassment.
13. Continuous Employment
Authors: Emir Astra
Published: September 2020

The statutory provisions for continuity of employment are contained in ss 210–219 of the Employment Rights Act 1996 and the Employment Protection (Continuity of Employment) Regulations 1996. Continuity of employment is a statutory concept generally used, first, to determine whether an employee has been employed for a particular length of time so as to qualify for a specific statutory right, and, second, to ascertain the employee’s length of employment for the purpose of obtaining certain financial benefits award and a redundancy payment. This chapter discusses provisions for counting and computing continuity (ERA, ss 210–219) 362)); preserving continuity (s 212); weeks which do not count towards continuity (ss 215–217); change of employer (s 218); and effect of the continuity rules.
14. Normal Working Hours and a Week’s Pay
Authors: Emir Astra
Published: September 2020

In order to quantify the amount of money payable to an employee in respect of the violation of certain specific statutory rights, it is necessary to ascertain the employee’s weekly pay, which is done by reference to the employee’s ‘normal working hours’. This chapter considers provisions of the Employment Rights Act s 221–229 which set out what a week’s pay is, as well as the precise formulae for determining how a week’s pay is to be calculated and what to take into account, and, in certain specific cases lists the situations in which there is a statutory cap on that amount.
15. Rights in Notice
Authors: Emir Astra
Published: September 2020

One of the features which distinguish a contract of employment from other contractual situations is that a contract of employment is one of continuous obligation, with, generally speaking, no specified time for its ending. If either the employer or employee wishes to terminate the contract, notice of such termination must be given. This chapter explores the rights and duties of both the parties to give and receive lawful notice in the event of a termination, ie if there is a dismissal or resignation. It also considers the taxation of payments, pay in lieu of notice, rights during the notice period, ‘garden leave’, notice pay on insolvency and time limits.
17. Unfair Dismissal
Authors: Emir Astra
Published: September 2020

The statutory provisions relating to unfair dismissal are found in ss 94–107 of the Employment Rights Act 1996. This chapter looks at what amounts to a dismissal and the ways in which a dismissal may take place, covering expiry of a fixed-term contract, resignation and constructive dismissal, and frustration of the contract. It also discusses the categories of employees which are not protected by the unfair dismissal provisions of ERA; the termination of the contract; fair and unfair dismissal; fair reasons for dismissal and some other substantial reason; written reasons for dismissal; and remedies for unfair dismissal such as reinstatment, re-engagement, and compensation, as well as showing how such compensation is to be calculated.
19. Duties of Ex-employees
Authors: Emir Astra
Published: September 2020

This chapter considers the duties of ex-employees, ie the obligations which apply to an employee who is about to leave his employment (whether voluntarily or otherwise), or who has actually left that employment. The law must strike a delicate balance. On the one hand, an employee has a right to earn his living, and knowledge and skills obtained in his former employment will doubtless enable him to continue to do so; on the other hand, an employer is entitled to limited protection against an employee who may well be seeking to compete. It includes garden leave, trade secrets and confidential information, restraint of trade and working for competitors.
21. Individual Trade Union Rights
Authors: Emir Astra
Published: September 2020

This chapter considers the rights of an individual in respect of his trade union membership and/or non-membership and remedies for breach of those rights. These rights exist vis-à-vis a trade union or against an actual or potential employer. They include the right not to be excluded from a union; the right not to be unjustifiably disciplined; the right to resign; the right not to be expelled; the right to have a ballot before industrial action; and the right to take time off work for trade union duties. The relevant statutory provisions are contained in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A), which has been amended by subsequent legislation, and reference will also be made to a number of legal decisions.
22. The Law Relating to Trade Unions
Authors: Emir Astra
Published: September 2020

This chapter focuses on the law as it affects the running of a trade union. All the relevant law is consolidated by the Trade Union and Labour Relations (Consolidation) Act 1992, as amended. The discussions cover the definition of a trade union, their listing, and certification; the rules of a trade union including disciplinary action and conduct of union affairs; the executive committee, election of candidates to the executive committee; rules for accounts, records, etc; the requirements before a trade union can have a political fund and pursue political objects; breach of union rules; amalgamation and transfers; and employers’ associations.
23. Law Relating to Industrial Relations
Authors: Emir Astra
Published: September 2020

This chapter begins with a discussion of trade union recognition, covering voluntary recognition, statutory recognition, and employers’ training policies. It then turns to collective bargaining; statutory protections, including the definitions of ‘trade dispute’, ‘in contemplation of’, and ‘in furtherance of’ industrial action; strikes; statutory protection and loss of immunities; limits to the amount of damages which may be awarded if a trade union is sued successfully in tort; injunctions and interdicts; legal effect of collective agreements; peaceful picketing; and the European Works Councils, including time off work and protection from detriment and dismissal. It also considers the issue of union recognition.
9. The European Union and Brexit
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.
10. Good Governance—An Introduction
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter explains the meaning of good governance and why it is important to uphold the standards of good governance, first discussing the standards of good governance, which include governing in the public interest; governing transparently; respecting the dignity, rights, and interests of individuals; and governing competently. It then turns to the concept and types of accountability, covering political accountability, legal accountability, and administrative accountability and audit.
17. Tribunals
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter considers the role and constitutional status of tribunals that determine appeals against initial decisions made by government agencies. It also examines the place of tribunals within the UK’s public law system and the reorganisation of the tribunals into a new, integrated, and unified tribunals system brought about by the Tribunals, Courts and Enforcement Act 2007. An overview of the tribunals system, tribunal procedures, and judicial oversight of tribunal decision-making is also provided.
19. Human Rights and The UK Constitution
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law; the scope of the HRA; and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.
4. Registration of title
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter examines registration of title, commonly called registered land, another fundamental reform of the 1925 property legislation. The first attempt at universal registration of title to land was the Land Registration Act 1925. This has since been replaced by the Land Registration Act 2002, which is itself the subject of a recent Law Commission report proposing reforms to the current law. Any transfer of land that is not yet registered will trigger registration of title, and thereafter the land will be subject to the law on registration. The government has announced a commitment to comprehensive registration of title by 2030. The chapter deals with the principles of registration; first registration of title; substantive registration; interests protected by notice, restriction, and overriding interests; alteration and rectification of the register; the correction of mistakes in the register and the payment of indemnity or compensation for mistakes. Proposals for reform are also discussed.
14. Mortgages
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter discusses mortgages, specifically mortgage creation, legal mortgages, equitable mortgages, and priority of mortgages. A mortgage is a debt secured on land. A legal mortgage in registered land can now be created only by means of a legal charge under the Land Registration Act 2002, s. 23(1)(a). The mortgagor has a bundle of rights known as the ‘equity of redemption’. If the mortgagee attempts to gain any unconscionable advantage by means of the mortgage, the courts will strike it down. The mortgagee has five potential remedies to recover the debt: an action on the mortgagor’s personal covenant; repossession; sale; appointment of a receiver; and foreclosure. The doctrine of undue influence is important in the law of mortgages. Provided the mortgagee bank follows the steps outlined by the House of Lords in Royal Bank of Scotland v. Etridge (No. 2), it will be protected against a claim for undue influence.