bluuebunny/crossref_metadata_2025 huggingface dataset:
Re Baden’s Deed Trusts (No 2) [1973] Ch 9, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Baden’s Deed Trusts (No 2) [1973] Ch 9, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Re Barlow’s Will Trusts [1979] 1 WLR 278, Chancery Division
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Barlow’s Will Trusts [1979] 1 WLR 278, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
R (Independent Schools Council) v Charity Commission for England and Wales [2011] UKUT 421 (TCC), Upper Tribunal (Tax and Chancery Chamber)
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Independent Schools Council) v Charity Commission for England and Wales [2011] UKUT 421 (TCC), Upper Tribunal (Tax and Chancery Chamber). The document also includes supporting commentary from author Derek Whayman.
Crossco (No 4) Unlimited v Jolan Ltd & Ors [2011] EWCA Civ 1619, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crossco (No 4) Unlimited v Jolan Ltd & Ors [2011] EWCA Civ 1619, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Bartlett v Barclays Bank Trust Co Ltd (Nos 1 & 2) [1980] Ch 515, Chancery Division
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bartlett v Barclays Bank Trust Co Ltd (Nos 1 & 2) [1980] Ch 515, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
Swindle v Harrison [1997] 4 All ER 705, Court of Appeal
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Swindle v Harrison [1997] 4 All ER 705, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Federal Republic of Brazil v Durant International Corporation [2015] UKPC 35, Privy Council
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Federal Republic of Brazil v Durant International Corporation [2015] UKPC 35, Privy Council. The document also includes supporting commentary from author Derek Whayman.
Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1998] AC 1, House of Lords
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1998] AC 1, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Lumley v Wagner (1852) 42 ER 687, Court of Chancery
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lumley v Wagner (1852) 42 ER 687, Court of Chancery. The document also includes supporting commentary from author Derek Whayman.
Coventry v Lawrence [2014] UKSC 13, Supreme Court
Authors: Whayman Derek
Published: September 2021

Essential Cases: Equity & Trusts 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, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
Essential Cases: Criminal Law
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in criminal law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Jonathan Herring, including his assessment of the wider questions raised by the decision.
B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords
Authors: Herring Jonathan
Published: September 2021

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 Ireland; R v Burstow [1998] AC 147, House of Lords
Authors: Herring Jonathan
Published: September 2021

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 Ireland; R v Burstow [1998] AC 147, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Adomako [1995] AC 171, House of Lords
Authors: Herring Jonathan
Published: September 2021

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 Adomako [1995] AC 171, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
R v Lawrance [2020] EWCA Crim 971, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

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 Lawrance [2020] EWCA Crim 971, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v SD [2008] EWCA Crim 527, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

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 SD [2008] EWCA Crim 527, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Brown [1994] 1 AC 212, House of Lords
Authors: Herring Jonathan
Published: September 2021

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 Brown [1994] 1 AC 212, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Collins [1973] QB 100, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

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 Collins [1973] QB 100, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Hinks [2001] 1 AC 241, House of Lords
Authors: Herring Jonathan
Published: September 2021

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hinks [2001] 1 AC 241, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Taj [2018] EWCA Crim 1743, Court of Appeal
Authors: Herring Jonathan
Published: September 2021

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 Taj [2018] EWCA Crim 1743, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Jogee [2016] UKSC 8, Supreme Court
Authors: Herring Jonathan
Published: September 2021

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 Jogee [2016] UKSC 8, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
Essential Cases: Contract Law
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson, including an assessment of the wider questions raised by the decision.

It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion.

Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.
Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256. The document also includes supporting commentary from author Nicola Jackson.
Felthouse v Bindley [1862] EWHC CP J35; 142 ER 1037
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Felthouse v Bindley [1862] EWHC CP J35; 142 ER 1037. The document also includes supporting commentary from author Nicola Jackson.
Chappell & Co. Ltd v Nestlé Co. Ltd [1960] AC 87
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Chappell & Co. Ltd v Nestlé Co. Ltd [1960] AC 87. The document also includes supporting commentary from author Nicola Jackson.
George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803. The document also includes supporting commentary from author Nicola Jackson.
Wood v Capita Insurance Services Ltd [2017] UKSC 24
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wood v Capita Insurance Services Ltd [2017] UKSC 24. The document also includes supporting commentary from author Nicola Jackson.
Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696. The document also includes supporting commentary from author Nicola Jackson.
One Step (Support) Ltd v Morris-Garner [2019] AC 649; [2018] UKSC 20
Authors: Jackson Nicola
Published: September 2021

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in One Step (Support) Ltd v Morris-Garner [2018] UKSC 20. The document also includes supporting commentary from author Nicola Jackson.
Hungary v Slovak Republic (Case C-364/10), EU:C:2012:630, 16 October 2012
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hungary v Slovak Republic (Case C-364/10), EU:C:2012:630, 16 October 2012. The document also includes supporting commentary from author Noreen O’Meara.
Commission v Poland (Case C-619/18), EU:C:2019:531, [2008] ECR I-6351, 24 June 2019
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Poland (Case C-619/18), EU:C:2019:531, [2008] ECR I-6351, 24 June 2019. The document also includes supporting commentary from author Noreen O’Meara.
Plaumann v Commission (Case 25/62), EU:C:1963:17, [1963] ECR 95, 15 July 1963
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Plaumann v Commission (Case 25/62), EU:C:1963:17, [1963] ECR 95, 15 July 1963. The document also includes supporting commentary from author Noreen O’Meara.
Piraiki-Patraiki and others v Commission (Case 11/82), EU:C:1985:18, [1985] ECR 207, 17 January 1985
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Piraiki-Patraiki and others v Commission (Case 11/82), EU:C:1985:18, [1985] ECR 207, 17 January 1985. The document also includes supporting commentary from author Noreen O’Meara.
Inuit Tapiriit Kanatami and others v European Parliament and Council of the European Union (Cases T-18/10 and C-583/11 P ‘Inuit I’), EU:T:2011:419, 6 September 2011/ EU:C:2013:625, 3 October 2013
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Inuit Tapiriit Kanatami and others v European Parliament and Council of the European Union (Cases T-18/00 and C-583/11 P ‘Inuit I’), EU:T:2011:419, 6 September 2011/ EU:C:2013:625, 3 October 2013. The document also includes supporting commentary from author Noreen O’Meara.
Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004. The document also includes supporting commentary from author Noreen O’Meara.
Stefano Melloni v Ministerio Fiscal (Case C-399/11), EU:C:2013:107, 26 February 2013
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stefano Melloni v Ministerio Fiscal (Case C-399/11), EU:C:2013:107, 26 February 2013. The document also includes supporting commentary from author Noreen O’Meara.
Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health (Case 283/81), EU:C:1982:335, [1982] ECR 3415, 6 October 1982
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health (Case 283/81), EU:C:1982:335, [1982] ECR 3415, 6 October 1982. The document also includes supporting commentary from author Noreen O’Meara.
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal. This case note considers the concept of unreasonableness as articulated in Wednesbury and reflects on its relationship to that of proportionality. The document also includes supporting commentary from author Thomas Webb.
Attorney General v Jonathan Cape Ltd [1976] QB 752, High Court (Queen’s Bench Division)
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Jonathan Cape Ltd [1976] QB 752, before the High Court (Queen’s Bench Division). This case concerns the constitutional convention of collective Cabinet responsibility which requires, inter alia, that Cabinet discussions remain secret, whether the publication of a diary detailing Cabinet discussions breached the convention, and what the constitutional consequences of any breach were. The document also includes supporting commentary from author Thomas Webb.
Ellen Street Estates Ltd v Minister of Health [1934] 1 KB 590, Court of Appeal
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ellen Street Estates, Limited v Minister of Health [1934] 1 KB 590, Court of Appeal. This case concerned whether provisions enacted by an earlier Westminster parliament could bind the legislative choices of future Westminster parliaments. The arguments of Wade and Jennings over Diceyan and ‘manner and form’ approaches to this issue are discussed. The document also includes supporting commentary from author Thomas Webb.
M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M)
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M). The case considered whether the courts had the power to issue injunctions against government departments and the ministers attached to them, and whether the rule of law required that those departments and ministers could be held in contempt of court for breach of court orders. The document also includes supporting commentary from author Thomas Webb.
Osborn v Parole Board [2013] UKSC 61, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Osborn v Parole Board [2013] UKSC 61, Supreme Court. This case concerned three applicants who, it was contended, had been subject to procedurally unfair processes by the Parole Board. In arguing their cases they had primarily relied upon Article 5(4) of the European Convention on Human Rights (ECHR). The UKSC preferred the common law principle of procedural fairness. This case note examines that principle and the concept of common law rights more generally in relation to the ECHR and the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. The document also includes supporting commentary 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 2021

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 (on the application of Evans) and another v Attorney General [2015] UKSC 21, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

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 Evans and another) v Attorney General [2015] UKSC 21, Supreme Court. This case concerns whether Parliament can have intended for a statutory provision to allow a member of the executive to overturn the decision of a court without good, clearly articulated reasons (Lord Mance), or contrary to constitutional principle (Lord Neuberger). The document also includes supporting commentary from author Thomas Webb.
Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench. This case concerns questions of bias and, more importantly, the attempt by Sir Edward Coke CJ to establish a common law power to overturn Acts of Parliament. The case predates the constitutional settlement which followed the Glorious Revolution of 1688, but echoes of the principles discussed in this case can also be found in modern case law. The document also includes supporting commentary from author Thomas Webb.
10. How to sue the government: judicial processes and judicial remedies
Authors: Endicott Timothy
Published: September 2021

This chapter addresses the extraordinary process of judicial review and the remedies available to the court. The process and the remedies are compared to the process and remedies in ordinary claims (which can also be used to control administrative action). In their self-regulation in developing these complex processes, the challenge for judges is to keep things in proportion: the attempt to achieve due process in judicial control of administrative action is essential to the administration of justice. The chapter explains the irony of process, which was introduced in Chapter 4: the courts may need to provide forms of process that are excessive and wasteful in some cases, in order to protect the administration of justice.
11. Standing: litigation and the public interest
Authors: Endicott Timothy
Published: September 2021

This chapter examines standing—the entitlement to be heard by a court. No judicial process of any kind may proceed without it. In an ordinary claim, the claimant’s standing is based on his assertion of grounds for his claim to a remedy. In a claim for judicial review, the claimant does not need to assert a right to a remedy, but must have a ‘sufficient interest’ in the matter in dispute. The discussion covers campaign litigation, costs in campaign litigation, standing in an ordinary claim for a declaration, standing in Human Rights Act proceedings, standing for public authorities, and standing to intervene.
12. Tribunals
Authors: Endicott Timothy
Published: September 2021

Panels, committees, tribunals, referees, adjudicators, commissioners, and other public authorities decide many thousands of disputes each year over (for example) entitlement to benefits, or tax liability, or political asylum, or the detention of a patient in a secure hospital. The massive array of agencies reflects the great variety of benefits and burdens that twenty-first-century government assigns to people. The array had no overall organization until 2007, when Parliament transformed it into a complex system. This chapter explains the benefits of integrating these decision-making agencies in the new system. The law needs to tailor their structure, processes, and decision-making techniques to the variety of purposes they serve. And the law needs to achieve proportionate process by reconciling competing interests in legalism and informality in tribunal processes.
15. Contracts
Authors: Endicott Timothy
Published: September 2021

Contracts are used to structure the legal relationship between government and private service providers. Contract also forms a new model both for relationships between public agencies and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.
1. Getting started
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter is aimed at getting you started in your legal studies. It addresses some of the questions and concerns that students have about studying law and starting at university. It explains something of the nature of the law and how it impacts on society before moving on to look at some of the practicalities involved in studying law as it considers how the degree is structured and how teaching and assessment will work.
2. Legislation
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

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 looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. 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, prior to Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.
5. Case law
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.
15. Answering problem questions
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

This chapter focuses on the skills needed to use the law to answer a problem question. It guides students through the process of analysing a scenario in order to identify the relevant issues to ensure that their answers are comprehensive and do not miss any important points. It outlines strategies to ensure that the law is applied effectively and that good use is made of supporting authorities.
Casebook on Tort Law
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.
6. Special duty problems: economic loss
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter deals with negligence that causes only economic loss. The basic rule is that a person may sue for economic loss which is consequent on physical loss which that person has suffered, but may not if they have only suffered economic loss by itself. There may be exceptions to this rule where there is sufficient proximity between the parties, and one element in this may be reliance by the one on the other. Though there is a general rule that no liability can arise in respect of ‘pure’ economic losses, there is also a broader exception that can arise when such loss happens as a result of a statement being made (rather than an act done), developed from the famous case of Hedley Byrne v Heller.
12. Breach of statutory duty
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.
19. Damages for death and personal injuries
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

The law relating to damages for personal injuries is a large and complicated subject. Where a living claimant sues, the award will usually be for a lump sum to compensate for such matters as loss of future income, pain, suffering and loss of amenity. This once and for all payment has the advantage of finality and is preferred by many claimants, but there may be occasions where it is inappropriate. The chapter focuses on what damages are awarded for in tort law and how they are calculated, as well as some of the criticisms and problems that such calculations often raise. It discusses types of action for damages, calculation of loss of earnings and other losses and intangible losses.
2. Sources of international law
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter examines the sources of international law, ie the norms of international law that give validity to all the other international legal norms. These are enumerated in Art 38 ICJ Statute. Although quite dated, this Article is still considered as enunciating an authoritative list of the sources of international law. These are treaties; custom; general principles of law recognized by States; judicial decisions; and international theory as subsidiary sources. Particular emphasis is placed on custom, consisting of an objective element, the general practice of States, and a subjective element, the opinio juris, ie consisting of a legal conviction. There is no hierarchy between the sources of international law and both treaties and custom may exist alongside each other.
8. The law of the sea
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

The law of the sea governs the relations of States in respect of the uses of the seas. It allocates competences between, on the one hand, coastal States wishing to extend their jurisdictional reach as far as possible and the flag States, on the other, wishing to have the seas open for vessels to navigate and for other uses. The chapter discusses the laws applicable to each maritime zone; namely, internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the high seas, and the seabed. It also sets out the rules of maritime delimitation between States with opposite or adjacent coastlines.
12. Human rights and humanitarian law
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter examines the nature and diversity of human rights, rather than any particular right. It looks at issues such as the universality, interdependence, and indivisibility of rights. It points to the issue of justiciability and emphasizes the obligation of States in both its negative, as well as its positive, dimension. The chapter examines the role of derogations and reservations to human rights treaties, as well as cardinal principles in such treaties, namely, the margin of appreciation and the scope of application. Finally, the chapter examines in some detail the key aspects and distinctions in international humanitarian law, such as the distinction and legal consequences between combatants and civilians and others.
Public Law Concentrate
Authors: Faragher Colin
Published: September 2021

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects of constitutional law including sources, rule of law, separation of powers, role of the executive, constitutional monarchy, and the Royal Prerogative. It also discusses parliamentary sovereignty and the changing constitutional relationship between the UK and the EU together with the status of EU retained and converted law under the European Union (Withdrawal) Act 2018 as amended by the 2020 Act, the Agreement on Trade and Cooperation effective from 1 January 2021, and the European Union (Future Relationship) Act 2020. Also covered are: administrative law, judicial review, human rights, police powers, public order, terrorism, the constitutional status of the Sewel Convention, legislative consent motion procedure, use of secondary legislation by the executive to amend law and make regulations creating criminal offences, especially under the Coronavirus Act 2020 and the Public Health (Control of Disease) Act 1984, the separation of powers implications of Henry VIII Clauses, the constitutional role of the Horuse of Lords in scrutinizing and amending primary legislation, the Speakers’ Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, whip system, back bench revolts, confidence and supply agreements in government formation, and current legislative and executive devolution in Northern Ireland. The book additionally examines the continuing impact of the HRA 1998 and the European Court of Human Rights on parliamentary sovereignty and the significance of the 2021 Independent Review of the HRA.
2. Negligence
Authors: Brennan Carol
Published: September 2021

This chapter discusses law on duty of care. Duty is the first element in the ‘negligence equation’ and the primary means of limiting liability in negligence. It begins with the fundamental ‘neighbour principle’ of Donoghue v Stevenson and charts its evolution throughout the 20th century. The current ingredients of the test for determining duty of care in novel situations are: foreseeability; proximity; and fairness, justice, and reasonableness. This is the ‘three-stage’ test set out in Caparo v Dickman (1990), used in novel situations. Policy is a major influence on the development of duty in negligence.
3. Duty of care
Authors: Brennan Carol
Published: September 2021

This chapter discusses areas in which the existence of a duty of care is problematic, particularly raising policy reasons for not imposing negligence liability in certain situations. Duty of care is often absent in the case of omissions, that is, when damage resulted from the defendant’s lack of action, rather than directly from a positive act. When the defendant is a public body, concern about operational discretion and financial implications may make it undesirable to impose a duty of care. There is a focus on negligence claims against the police. Duties to the unborn child are included.
10. Product liability
Authors: Brennan Carol
Published: September 2021

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987 (CPA 1987), passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA 19876 establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA 1987 include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.
Contract Law Concentrate
Authors: Poole Jill , Devenney James , Shaw-Mellors Adam
Published: September 2021

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration, and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the common law doctrine of duress and the equitable doctrine of undue influence.
10. Duress and undue influence
Authors: Poole Jill , Devenney James , Shaw-Mellors Adam
Published: September 2021

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The doctrines of duress and undue influence may result in a contract being set aside (the remedy of rescission) where illegitimate pressure has been used in the contracting process. This chapter focuses on instances where the agreement cannot stand in light of duress or undue influence, including instances where the duress or undue influence was exercised by a third party and the contracting party had notice of that duress or undue influence.
4. EU Law: Sources, Forms, and Law-Making
Authors: Foster Nigel
Published: September 2021

This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.
9. The Free Movement of Persons
Authors: Foster Nigel
Published: September 2021

In this chapter, all aspects of the free movement of persons, including workers, establishment, services, and citizenship will be dealt with together, as, increasingly, case law and, in particular, the new case law concerned with citizenship, applies without distinction across all these categories and new secondary law has also brought many of the statutory rules for all categories of person in line in one place. The chapter covers the legal framework; the scope of the basic rights; the material scope of the rights; free movement of the self-employed; derogations from the free movement regimes; the wholly internal rule; and the treatment of third-country nationals.
Complete Contract Law
Authors: Naidoo André
Published: September 2021

This book provides choice extracts, supported by clear commentary and useful learning features. The text starts with an introduction to contract law. Part I looks at creating the contract, with coverage of the offer, acceptance, the legal partnership, and consideration and promissory estoppel. Part II is about the content of the contract and performance. It looks at the terms of the contract, exemption clauses, and unfair terms and issues related to breach and termination of the contract. Part III is about enforcement of the contract. It considers compensatory damages following a breach as well as third-party rights and non-compensatory remedies. Part IV explains the facts that end a contract such as misrepresentation, duress, frustration, and mistake.
3. Agreement Part II: Acceptance
Authors: Naidoo André
Published: September 2021

This chapter examines the key cases and principles relating to acceptance. Where an offer has an essential requirement relating to acceptance (like the method of acceptance) then it must be followed. However, equivalent alternatives might be permitted if the offeror has not done enough to make the requirement essential. Acceptance must be in response to an offer, but the motive for accepting is not relevant. The general rule is that acceptance is effective once it has been communicated (received). Automated ticket and vending machines present an offer so that acceptance takes place when the customer is committed—as when payment is made. Meanwhile, emailed acceptance and the use of websites to communicate acceptance are likely to operate on the basis of the general rule. The traditional analysis based on offer and acceptance will be applied to ‘battle of forms’ cases. In exceptional cases, courts may look to the wider context in such cases to identify the terms of an agreement.
9. Remedies Part I: Compensatory Damages Following a Breach
Authors: Naidoo André
Published: September 2021

This chapter explores compensatory damages following a breach of contract. Such damages are aimed at compensating the innocent party for any losses it has suffered that were caused by the breach. However, it cannot expect to receive whatever amount of money it demands and it will usually be faced with a dispute about which losses are claimable. For example, lost profits should be claimable, but what about compensation to cover the costs of correcting a breach? Beyond financial losses, is it possible to claim for injured feelings, harm to reputation, or even loss of enjoyment or disappointment? The chapter examines the detailed rules about the types of loss that are claimable. It then looks at how the courts have developed rules for recognizing a wider range of losses. The chapter also addresses the related issue of parties agreeing in advance the amount of damages to be paid following a breach.
15. Undue Influence, Unconscionability, and Equality of Bargaining Power
Authors: Naidoo André
Published: September 2021

This chapter examines undue influence, which is largely about pressure and influence arising from a relationship. It begins with the basic role of the law on undue influence before moving to the substantive case law. The case law is divided into three categories, which are based on the different ways of proving undue influence. The first relates to what is known as ‘actual undue influence’, which is where a complainant proves undue influence. The second is where undue influence between two parties can be presumed from the circumstances. The third category has been a major problem in modern cases and it involves undue influence coming from a third party. The chapter then turns to the wider issues that complete the ‘bigger picture’. The first of these is the area often referred to as ‘unconscionability’, which is about the exploitation of weakness. The second is the attempt to create a wider ‘inequality of bargaining power’ principle. Finally, the chapter looks at the Consumer Protection from Unfair Trading Practices Regulations 2008, which can cover conduct otherwise classed as duress, undue influence, and harassment.
Bromley's Family Law
Authors: Lowe Nigel , Douglas Gillian , Hitchings Emma , Taylor Rachel
Published: September 2021

Bromley’s Family Law has an enduring reputation as the definitive text on the subject. Its hallmark qualities of clarity, authority, comprehensiveness and readability have been relied upon by generations of readers. The text presents a broad treatment of the key issues relating to adult and child law. Each chapter provides an up-to-date critical discussion of the current legislative and case law position (including European Court of Human Rights’ decisions), proposals for reform and issues of current concern. Particular attention is also paid to the increasingly significant international dimension of family law, with a new chapter on this area covering the 1996 Hague Convention on the Protection of Children and reflecting the UK’s departure from the EU. This edition has been updated to provide up-to-date coverage on heterosexual civil partnerships, religious marriage (non)-recognition, the 2020 Domestic Abuse Bill, forced marriage protection orders, female genital mutilation protection orders, stalking protection orders, the Divorce, Dissolution and Separation Act 2020, online divorce, transgender parenthood, surrogacy, parental orders, child arrangement orders, radicalisation, and voluminous case law across all topics.