bluuebunny/crossref_metadata_2025 huggingface dataset:
DPP v Majewski [1977] AC 443, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in DPP v Majewski [1977] AC 443, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Woollin [1999] 1 AC 82, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Woollin [1999] 1 AC 82, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Blaue [1975] 1 WLR 1411, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Blaue [1975] 1 WLR 1411, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Cheshire [1991] 1 WLR 844, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Cheshire [1991] 1 WLR 844, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Evans (Gemma) [2009] EWCA Crim 650, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Evans (Gemma) [2009] EWCA Crim 650, Court of Appeal. 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: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Ireland; R v Burstow [1998] AC 147, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Pagett (1983) 76 Cr App R 279, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Pagett (1983) 76 Cr App R 279, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Rebelo [2021] EWCA Crim 306, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Rebelo [2021] EWCA Crim 306, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Adomako [1995] AC 171, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Adomako [1995] AC 171, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R (Conway) v Secretary of State for Justice [2017] EWCA Civ 275, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Conway) v Secretary of State for Justice [2017] EWCA Civ 275, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Lawrance [2020] EWCA Crim 971, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v 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: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v SD [2008] EWCA Crim 527, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Dica [2004] EWCA Crim 1103, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Dica [2004] EWCA Crim 1103, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v SO [2013] EWCA Crim 1725, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v SO [2013] EWCA Crim 1725, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Taj [2018] EWCA Crim 1743, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Taj [2018] EWCA Crim 1743, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
1. Intellectual property law: an introduction
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter provides an accessible introduction to intellectual property (IP) law. It provides and challenges some definitions of intellectual property law and IP itself. It discusses the development of IP law as a field of study in an increasingly global context and presents a realistic view of the law as it actually operates; the relationships between different levels of IP law—at national, European, European Union, and international levels; the various influences on the formation, justifications for, and development of IP law including between IP law and other legal fields; and the tensions that arise from different perspectives when the law seeks to protect IP.
3. Copyright 2: subject matter, first ownership, and term
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter first examines the subject matter in which copyright subsists and the criteria for copyright protection as set out in the Copyright, Designs, and Patents Act 1988 (CDPA 1988). This centres on the concept of the ‘protected work’ and makes use of a distinction between what are sometimes known as ‘author works’ (literary, dramatic, musical, artistic, and film works) and ‘media works’ (typographical arrangements, sound recordings, broadcasts, and adaptations). It then considers the identification of the first owner of copyright when it comes into existence. It discusses the concept of joint authorship and ownership of copyright works when created in the course of employment. The final section discusses the duration of copyright.
4. Copyright 3: economic rights and infringement
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter considers the ‘economic rights’ the copyright owner enjoys while copyright protection endures. These are the rights that the Copyright, Designs, and Patents Act 1988 (CDPA 1988) calls ‘acts restricted by copyright’, which may be exploited by transferring them to others or licensing others to use them for a price. The chapter discusses the rights flowing from ownership of copyright and the international framework that underpins them, noting the influence upon UK law of a number of EU directives. It identifies the general principles pertaining to infringement of economic rights, before turning to the detailed rules on each economic right: to make copies; issue copies to the public; rent or lend commercially to the public; perform, show, or play in public; communication to the public; and make adaptations. It discusses authorisation of infringement (accessory liability) in relation to these economic rights, and finally considers secondary infringement of copyright.
7. Rights akin to copyright: database right and performers’ rights
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter considers two rights similar to copyright in many ways, in terms of both subject matter and the substantive contents of the rights: (1) the special or sui generis database right, which operates alongside the copyright in databases; and (2) performers’ rights. Both rights have been relatively recently introduced into the armoury of intellectual property law. The chapter gives an account of each of these rights, comparing them with copyright but also underlining the differences between the regimes, and the reasons behind these differences. The chapter considers relevant the relevant international and EU frameworks and also highlights the nature and importance of these rights.
8. Registered designs
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter discusses the law of registered designs. It explains the international treaty context for design law, outlines the history of European harmonisation in this field, and considers the implications of Brexit for registered design protection. It reviews the substantive law of registered designs in the UK, and across the EU in the form of the Community registered design. Issues considered include: what designs may be validly registered, exclusions from protection, treatment of spare parts and component parts of complex products, challenging the validity of a registration, rights conferred by registration, and defences to infringement. The chapter also looks briefly at the interaction between registered design protection and other IP rights, in particular copyright.
10. Patent regimes and the application process
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter assesses the rationales and justifications commonly seen for and against patents, which inform all aspects of patent law. Against this backdrop, the chapter explains the architecture and procedures of contemporary patent systems as they operate in the UK, within the European patent system, and through international agreements, instruments, and procedures. The chapter considers the patent registration process in the UK. Unlike copyright—and like registered trade marks and registered designs—patent protection is a registered right, granted by an intellectual property office following an application and examination process. The chapter also reviews changes over time and areas of particular debate and possible future evolution.
19. Free movement of goods and intellectual property
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter examines the European Union (EU) rules on the free movement of goods as they impact on intellectual property (IP) rights. It discusses the tensions arising between the aims of creating a single market and intellectual property, with particular reference to the Treaty provisions relevant to this area. The chapter examines the relevant case law with a focus on intra-EEA parallel imports, repackaging, legitimate interests in opposing the further circulation of goods, international exhaustion of rights, and the relation between IP rights and free movement of services. The chapter also discusses developments in exhaustion of rights in the online environment as well as the potential exhaustion regimes that may be adopted in the UK post-Brexit.
Introduction to the book
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

0.1 Welcome to Contemporary Intellectual Property: Law and Policy. We hope that you enjoy your time in the fascinating world of intellectual property (IP).

0.2 Our intended outcomes for this book are to

• provide a path through the present landscape of IP law, with reference to relevant legislation and key cases...
1. An Introduction to Equity
Authors: Virgo Graham
Published: August 2023

This chapter introduces the nature of Equity. It provides a legal definition of Equity and offers a background of its history from the Middle Ages. It discusses the contemporary contribution of Equity to English law in a variety of different contexts, particularly in the commercial sphere. The chapter also examines a fundamental feature of Equity, which is the division between the recognition and protection of property rights and personal rights. This chapter explains that Equity is not an independent system of law, but it has a distinct identity and function to modify the rigours of the Common Law and to create rights.
2. The Characteristics of Equity
Authors: Virgo Graham
Published: August 2023

This chapter analyses the essential characteristics of Equity. It identifies fourteen maxims that are useful and relevant today as guidelines for the operation of the equitable jurisdiction. The most important of the maxims are examined in some detail, namely that Equity is discretionary and is triggered by unconscionability. The meaning of discretion and the contemporary relevance of conscience and unconscionability are examined. Other maxims include that Equity will treat as done that which ought to be done and Equity responds to cynical conduct. This chapter explains the principles underlying these maxims and suggests that they are often subject to exceptions and sometimes it may even be necessary to redefine them to ensure that they are fit for purpose today.
10. Informal Arrangements Relating to Property
Authors: Virgo Graham
Published: August 2023

This chapter considers the situations where the parties have entered into informal arrangements relating to property. It examines three different scenarios where the trust may be applicable. The first concerns the so-called common intention constructive trust, which is especially significant where the relationship of a cohabiting couple breaks down. This raises difficult issues of property ownership where the couple’s home is registered in the name of one party or of both. The rights of the parties may be modified by virtue of their common intention, whether implied or imputed. Secondly, the chapter considers the so-called joint venture constructive trust and finally the doctrine of proprietary estoppel which may enable proprietary rights to be created in Equity.
12. Trustees
Authors: Virgo Graham
Published: August 2023

This chapter examines the duties and powers of trustees. It considers how trustees can be appointed to and removed from office. It explains that trustees have a wide variety of powers but misuse of these powers will constitute a breach of trust. It also highlights the fact that, while trustees have the primary rights of ownership in trust property, they are not able to exploit the beneficial incidents of this ownership for themselves in their capacity as trustees, since they hold the property for other people or sometimes for particular purposes. This chapter also discusses the essence of trusteeship, the different types of trustees, and remuneration of trustees.
19. Proprietary Claims and Remedies
Authors: Virgo Graham
Published: August 2023

This chapter examines the proprietary claims and remedies relevant to a breach of trust or fiduciary duty by a trustee or fiduciary. It explains that a proprietary claim in Equity requires the claimant to show that the defendant has received an asset in which the claimant has an equitable proprietary interest while a proprietary remedy enables the claimant to assert proprietary rights against property that is in the defendant’s possession. This chapter also proposes a framework for understanding the law relating to proprietary claims and describes different types of remedy that are available with respect to equitable proprietary claims, specifically the recognition that property is held on constructive trust, the equitable lien, and the remedy of subrogation.
20. Personal Liability of Third Parties
Authors: Virgo Graham
Published: August 2023

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.
1. Estates in land
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter introduces Trant Way, a road in the fictitious town of Mousehole in the county of Stilton, which will be used throughout the book to illustrate the application of land law rules in practical situations. It also describes one of the houses along the road, Trant House, which in the story presented here has just been put up for sale by its owner, Vernon. It follows a prospective purchaser who is viewing Trant House to explain what is meant by ‘owning land’. The discussion cover topics such as tenure, estates in land, and the 1925 reforms of land law.
3. Buying a house
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the acquisition of a fee simple estate in land. It first describes the two freehold properties that are currently for sale in Trant Way, Mousehole, Stilton, and their prospective buyers, Barbara Bell (buying ‘unregistered land’), and Mr and Mrs Armstrong (buying ‘registered land’). It explains the two systems of title (registered and registered) that currently exist in English law and provides an outline of the conveyancing proces.
5. Unregistered land
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the process of buying unregistered land, focusing on the example of Barbara Bell who was introduced in Chapter 3 as a buyer of an unregistered freehold estate, 2 Trant Way. It explains how a buyer of unregistered land ‘deduces title’ (confirming that the seller of a freehold estate is indeed its owner) and checks for burdens affecting the land, including a discussion of burdens that must be registered on the separate ‘land charges register’ to bind a buyer of unregistered land. Finally, it considers the requirements for completing a purchase of unregistered land, including the requirement to apply for first registration of that land.
22. Mortgages and charges
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the types of mortgages or charges of land and interests in land which may be created. It also considers the rules regarding their administration and their protection against later acquirers of interests in the land. The discussions cover legal mortgages and charges; equitable mortgages; the rights of the mortgagor; the rights of the mortgagee; mortgagee’s remedies; the right of certain third parties to redeem; the liability of mortgagees, receivers, and valuers for fraud or negligence; the end of a mortgage.
24. Easements and profits à prendre
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses easements and profits à prendre. It explains the nature of easements and profits; legal and equitable interests; enforcement against acquirer of the servient tenement; acquisition by express grant or reservation; acquisition by implied grant or reservation; acquisition by express grant by virtue of the Law of Property Act 1925, s. 62; acquisition by prescription; remedies which may be used to protect an easement or profit; and the extinguishment of easements and profits. It illustrates the law by reference to 14-16A Trant Way (freeholders making use of each other’s land for various purposes) and 5 Trant Way (the use of a landlord’s retained land by a tenant).
25. Freehold covenants
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses covenants affecting freehold land. It covers the enforceability of covenants, including enforcement against later acquirers of land; the problem of positive covenants; remedies; the discharge of covenants; and proposals for reform of the law. It illustrates the law by reference to 17 and 18 Trant Way, two freehold properties previously owned by Olive Orange and sold by her subject to a number of covenants, and by reference to 20 Trant Way, a property development comprising several freehold bungalows which were individually sold subject to certain covenants.
4. Constitutionalism and the European Union
Authors: Schütze Robert
Published: August 2023

This chapter addresses the question of whether the EU has a constitution. This question has plagued EU law ever since its birth. The chapter explores the formal constitutionalist credentials of the Union legal order and shows that the Union has claimed that the EU Treaties constitute the highest law in Europe. It then examines the constitutional nature of the Union from a ‘democratic’ perspective. Finally, it evaluates the Union legal order through the lens of liberal constitutionalism. This ‘classic’ constitutionalism assesses the legal nature of a document by insisting on a separation of powers and the existence of fundamental rights.
9. Fundamental rights in the European Union
Authors: Spaventa Eleanor
Published: August 2023

This chapter examines fundamental rights in the EU. It begins by analysing the historical background and the development of the case law on fundamental rights. It then examines the main Treaty provisions relating to fundamental rights protection, before turning to the Charter of Fundamental Rights of the EU. Finally, it looks at the relationship between the EU and the European Convention on Human Rights (ECHR), including the extent to which the European Court of Human Rights agrees to scrutinize EU acts. It also considers the plan for the EU to accede to the ECHR. It also considers what happens when states do not respect the rule of law.
10. Judicial protection and EU remedies
Authors: Albors-Llorens Albertina
Published: August 2023

This chapter provides an overview of the various procedural avenues to the Court of Justice of the European Union. It uses as a template the division between two main sets of proceedings: direct actions and preliminary references. Direct actions are brought directly either before the Court of Justice or the General Court; these are dealt with in their entirety by these courts. By contrast, preliminary references begin before a national court. When this court encounters a question on the interpretation or the validity of EU law, it may (or sometimes must) make a preliminary reference on this particular point to the Court of Justice.
15. Free movement of capital
Authors: Flynn Leo
Published: August 2023

This chapter discusses EU law on the free movement of capital. It first considers the development of the current rules on capital, focusing on their material scope, direct effect, and role in relation to third countries. It then explains how the concept of restrictions, which is a feature of all internal market freedoms, operates in relation to capital. Next, it deals with the power of Member States to limit capital flows between different parts of the Union, as well as into and out of the Union. Finally, it examines the effects of case law regarding capital movement in relation to philanthropic and charitable activities, in order to see how the free movement of capital affects the ability of Member States to design the instruments by which they organize the delivery of services they consider are in the public interest.
20. Labour and equality law
Authors: Rönnmar Mia
Published: August 2023

Labour law regulates the individual employment relationship and employment rights, as well as the labour market more generally, and the relations between the State, employers and employees, and their representatives—the social partners. Equality law is a central part of labour law, but also extends its reach beyond working life. Both the development and content of EU labour and equality law throughout the years—and still today—reflect a tension between the EU and national sovereignty, economic and social rights, and market and human rights discourses. Labour and equality law is regulated by a complex mix of Treaty provisions, fundamental rights, and general principles of EU law, secondary law, collective agreements at EU level, case law from the Court of Justice, and soft law measures. This chapter discusses a selection of key EU labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; fundamental Treaty freedoms and national collective labour law; flexible work and working conditions; the EU and national labour law in times of crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.
25. Immigration and asylum
Authors: Peers Steve
Published: August 2023

This chapter explores EU law on immigration and asylum. It first describes the basic legal framework for the adoption of EU rules on immigration and asylum, as amended by the Treaty of Lisbon. It then discusses the rules for visas and border control, irregular migration, legal migration, and asylum. The main themes of the chapter are the gradual move towards greater EU involvement in this field of law—including the increasing role of the CJEU—and an ongoing tension between concerns about security and control of migration on the one hand, and the protection of migrants’ rights on the other.
27. Brexit: the legal dimension
Authors: Peers Steve , Harvey Darren
Published: August 2023

The UK left the EU on 31 January 2020, following the results of the Brexit referendum of June 2016. This chapter examines how the process for leaving the EU works and considers some of the key legal issues raised by the withdrawal of a Member State from the Union. Having first considered withdrawal from the EU prior to the entry into force of the Treaty of Lisbon, the chapter turns to Article 50 of the Treaty on European Union and the legal requirements imposed by that provision on the process of leaving the EU. This is followed by an examination of the UK–EU Withdrawal Agreement and the rules that govern the UK’s post-Brexit trading relationship with the EU.
4. Protection from Domestic Abuse
Authors: George Rob , Thompson Sharon , Miles Joanna
Published: August 2023

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic abuse. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic abuse; the civil law and domestic abuse; the Family Law Act 1996, Part 4; third party action on behalf of victims, now under the Domestic Abuse Act 2021; and legal responses to forced marriage.
7. Property and Finances When Non-Formalized Relationships End
Authors: George Rob , Thompson Sharon , Miles Joanna
Published: August 2023

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the resolution of property and financial disputes that may arise between family members who are not spouses or civil partners and so who cannot use the statutory remedies discussed in chapter 6. Instead, parties rely largely on the general law of property, trusts, and contract to provide solutions. This chapter examines those areas of law, and the few statutory provisions that apply between these parties, before considering the prospects for reform.
10. Parental Responsibility
Authors: George Rob , Thompson Sharon , Miles Joanna
Published: August 2023

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the concept of parental responsibility and its legal significance; the various legislative provisions dealing with who automatically holds parental responsibility, as well as how, and by whom, it may be acquired; the exercise of parental responsibility and the various restrictions that may be imposed on the decision-making authority of those who hold it; and the rights and responsibilities of those adults who care for a child but do not have parental responsibility.
12. Child Protection
Authors: George Rob , Thompson Sharon , Miles Joanna
Published: August 2023

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989 and the Social Services and Well-Being (Wales) Act 2014; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.
13. Adoption
Authors: George Rob , Thompson Sharon , Miles Joanna
Published: August 2023

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the place of adoption within the government’s child protection policy, the legal framework for adoption under the Adoption and Children Act 2002 (ACA 2002), the core principles underpinning the ACA 2002, the adoption process, and the ongoing reform agenda. It considers the application of the welfare principle to three contentious issues: (i) the importance of the birth family in an adoption dispute; (ii) trans-racial adoption; and (iii) step-parent adoptions and adoptions by a sole natural parent. The chapter also examines the issue of ‘open adoption’, focusing on adopted children’s right to information about their birth families and provision for post-adoption contact, and, finally, considers the main alternative to adoption: special guardianship.
Mason and McCall Smith's Law and Medical Ethics
Authors: Farrell Anne-Maree , Dove Edward S.
Published: August 2023

This classic textbook, now in its 40th year, focuses on medical law and its relationship with medical ethics and practice. It provides thorough coverage of key topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to think critically about this area of study. The textbook covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medical law courses. It presents a diversity of views in ethical debates, provides analysis of significant new cases and key legislative developments, and encourages students to explore and form their own opinions on contested issues in medical law. It adopts a UK-wide approach to the examination of medical law, taking account of the impact of devolution and Brexit, as well as the influence of international policy and legal developments in shaping medical law in the UK. Among other updates to this edition include brand new ethics chapters that introduce students to concepts, theories, and tools that frame interpretation and analysis of medical law, as well as new or revised chapters in the governance of the UK health system, public health, the regulation of health and social care professionals, and mental health.
8. Consent to Medical Treatment
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter explores the nature of consent to medical treatment for adults (primarily those with capacity), as well as its flipside, refusal of medical treatment. We begin by focusing on the function of consent and the consequences for failing to obtain it. We then consider what constitutes informed consent for the purposes of medical treatment, and the nature of information which must be disclosed to a patient to secure this. Finally, we discuss circumstances where medical treatment may proceed even in the absence of consent. As part of this, the chapter traces the history of ‘informed consent’ from the American case of Salgo (1957) through and beyond the foundational UK Supreme Court case of Montgomery v Lanarkshire Health Board (2015), which sets out legal rules on the disclosure of risks to satisfy the criteria of an informed consent for medical treatment. We discuss how patient autonomy and exercise of choice is now a common theme in relevant case law, and professional guidance increasingly emphasises shared decision making for treatment decisions. Nevertheless, the law still places hurdles in the path of individuals seeking to exercise their autonomy, and vestiges of Bolam (1957) remain, particularly in relation to medical advice concerning the risks associated with treatment.
1. Foundations
Authors: Watt Gary
Published: August 2023

This chapter focuses on the historical and conceptual foundations of trusts and equity, first examining the history of the relationship between law and equity, including the historical origins of the trust. It then explains the idea of equity and how it is intertwined with the common law, and compares the trust with concepts such as gifts and contracts. The chapter shows that the trust arose in response to equity’s special concern to ensure that legal rights are not used in bad conscience, but later developed into a sophisticated institution governed by established rules. It looks at the reform of the Court of Chancery and considers trust property, equitable rights under a trust, separation of legal and equitable title, and the paradox of property and obligation.
8. Constructive trusts and informal trusts of land
Authors: Watt Gary
Published: August 2023

Constructive trusts differ from express trusts in many ways. Whereas an express trust gives effect to an owner’s intention to transfer a beneficial interest in his property, a constructive trust may be imposed directly contrary to the owner’s intentions. Another distinction between an express trust and a constructive trust is that the former is unenforceable unless it is evidenced in writing, whereas the latter is created and operates without formality. However, express and constructive trusts, by their very nature as trusts, have a number of similar features, the most fundamental being the presence of ascertainable property, in which a beneficiary has a proprietary interest for which the trustee is personally liable to account. This chapter examines the nature, operation, and variety of constructive trusts, and also considers one special category of constructive trusts: informal trusts of land. In addition, it discusses commonwealth jurisdictions and proprietary estoppel.
9. Flexibility of benefit
Authors: Watt Gary
Published: August 2023

According to the so-called ‘rule in Saunders v. Vautier’, the beneficiaries of an expressly created private trust may terminate the trust if they are in unanimous agreement and are all competent adults, and are, between them, absolutely entitled to the trust property. This chapter examines the issue of ‘flexibility of benefit’, the extent to which beneficiaries may be able to take benefits under a trust despite limitations on their beneficial ownership, as well as the extent to which limitations on their beneficial ownership may be varied or entirely removed. It shows that under the Trustee Act 1925, trustees have a discretionary power—known as ‘the power of maintenance’—to apply income for the benefit of infant beneficiaries and a similar discretionary power, termed ‘the power of advancement’, to apply capital for the benefit of a beneficiary (infant or adult) out of his/her anticipated entitlement to the trust fund.
7. State responsibility
Authors: Henriksen Anders
Published: August 2023

This chapter discusses the international law of responsibility as primarily reflected in the 2001 International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. It opens in Section 7.2 with an overview of some of the core principles and elements of state responsibility for wrongful acts. Section 7.3 discusses the issue of state attribution before Section 7.4 examines joint and collective responsibility. Section 7.5 discusses the various circumstances that may preclude the wrongfulness of conduct otherwise in violation of a (primary) legal obligation. Section 7.6 looks into the consequences of state responsibility while Section 7.7 discusses who may be entitled to invoke state responsibility. Section 7.8 examines the rules on diplomatic protection and Section 7.9 provides a brief overview of the responsibility of international organizations.
8. The international law of the sea
Authors: Henriksen Anders
Published: August 2023

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth’s surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; discusses piracy; and examines a number of selected issues relating to the conservation of marine life. The final section provides a short introduction to dispute settlement in the law of the sea.
9. International human rights law
Authors: Henriksen Anders
Published: August 2023

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection from acts of private actors. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency. Section 9.8 provides an overview of the international legal protection of refugees.
11. International economic law
Authors: Henriksen Anders
Published: August 2023

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.
14. The law of armed conflict
Authors: Henriksen Anders
Published: August 2023

This chapter examines those parts of international law that regulate how military operations must be conducted jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7 deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.
1. Introduction to Constitutional Fundamentals
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This first chapter examines the idea of a constitution as a text of fundamental importance and as a system of government. Constitution as ‘text’ and ‘system’ both set out how a country is and should be governed. The United Kingdom clearly has a constitution but it is not written down, or codified, in a single text. This is very unusual: almost every other country has a written codified constitution. The chapter explores the question why the United Kingdom has not adopted a codified text of its constitution and the consequences of this which include enabling aspects of the constitution to be easily changed while retaining the overall stability of the system.
15. The Judiciary
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This chapter begins with discussions of the role of the judiciary in the UK and its relationships with other institutions. After then looking at some facts and figures on the makeup of the judiciary the chapter considers the issue of judicial independence and how independence can be retained while ensuring that judges are accountable. There is a mini case study on the controversies surrounding media criticism of the judges following the decisions in the Miller 1 case. The chapter also considers impartiality; the appointment of judges; the need to improve diversity of the judiciary; and the use of judges to chair public inquiries.
18. Judicial Review 2: The Grounds of Judicial Review
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This chapter considers the grounds that have been and are being developed by the courts on which judicial review may be claimed. As well as the three established heads of judicial review presented by Lord Diplock in the GCHQ case—illegality, procedural impropriety (including procedural fairness) and irrationality (or Wednesbury unreasonableness)—the chapter considers proportionality, procedural and substantive legitimate expectations, and judicial responses to the argument that those exercising public functions must act consistently and with substantive fairness.
19. Judicial Review 3: Exclusion and Limitation of Judicial Review
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

Some of the most contentious debates in recent years have concerned Parliament’s ability to limit or totally prevent the use of judicial review to question not only decisions of specialised bodies but also of the executive. The questions raised go to the heart of the tension between the supremacy of Parliament on the one hand and the need to protect access to justice and the rule of law on the other. This Chapter considers these issues and focuses on attempts by Parliament to prevent the use of judicial review and judicial responses to these. In particular, it considers the famous 1960’s decision in the Anisminic case and the more recent decision in the Privacy International case.
21. Protecting Human Rights Case Studies: School Uniforms, Terrorism, and Prisoner Voting
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This and the previous chapter examine how human rights are protected in the domestic courts of the UK. This chapter examines three rather different case studies that illustrate some of the key issues of practice and principle that arise when human rights claims are litigated. The first of these is the case brought by Shabina Begum challenging her school’s refusal to allow her to wear a jilbab to school. The second case study considers the application of the Human Rights Act in the context of anti-terrorism measures. The third considers prisoner voting a matter that has caused considerable tension because of the UK’s reluctance to comply with decisions of the European Court of Human Rights.
2. The Union institutions
Authors: Foster Nigel
Published: August 2023

This chapter focuses on the institutions responsible for executing the different tasks of the European Union (EU). The main seven institutions are complemented by two advisory bodies, the Committee of the Regions and the European Economic and Social Committee (EESC), which are responsible for gathering inputs for use in decision-making. The initial institutions of the Commission, Council, European Parliament, and Court of Justice of the EU were expanded to seven to include the European Council, Court of Auditors, and the European Central Bank in 2009 with the entry into force of the Maastricht and the Lisbon Treaties. This chapter also describes the roles and responsibilities of the institutions, including the Council of Ministers of the European Union, the European Parliament, and the European Court of Justice (CJEU).
8. Remedies: direct and indirect effects and state liability
Authors: Foster Nigel
Published: August 2023

This chapter examines the remedies developed by the Court of Justice (CJEU) for member states who violate European Union (EU) laws. It considers the concept of direct applicability and reviews the development of the doctrine of direct effects through an analysis of case law. The chapter proposes ways for overcoming the lack of horizontal effect for EU Directives to avoid the result of the ‘Marshall’ ruling and discusses state liability in the CJEU cases C-6 and 9/90 Francovich. These remedies are known as the enforcement from below as a part of the dual system of vigilance of EU law. It also considers national procedural law and the system of remedies developed by the CoJ.