bluuebunny/crossref_metadata_2025 huggingface dataset:
17. Liability for Breach of Trust and Fiduciary Duty
Authors: Virgo Graham
Published: August 2023

This chapter examines the nature of the liabilities of trustees for a breach of trust and fiduciary duty. The chapter particularly focuses on the operation of particular doctrines which may be engaged when a trustee or fiduciary may have breached their duty. The extent to which the liability of a trustee or fiduciary can be excluded is considered. The extent to which the court may, in the exercise of judicial discretion, determine that it is not appropriate to hold a trustee liable is examined. The law on the limitation of liability is also examined as regards different claims relating to breach of trust and breach of fiduciary duty. This chapter also explores issues concerning liabilities between trustees, liability of trustees to creditors, and their liabilities for breach of trust before appointment and after retirement.
18. Personal Claims and Remedies
Authors: Virgo Graham
Published: August 2023

This chapter examines the personal liability of a trustee or fiduciary in cases of a breach of trust or fiduciary duty. It analyses the personal remedies that may be available where the defendant has breached the trust or breached fiduciary duties and discusses the advantages and disadvantages in claiming personal or proprietary remedies. The chapter focuses on the nature and function of personal remedies to reconstitute the trust following breach of trust, by means of falsification of the account. It also considers the remedies of surcharging the account, account of profits and equitable compensation. The role of the equitable allowance is also considered.
8. The freehold estate
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter discusses the nature of the freehold estate, and the impact of the 1925 Act on the freedom of a landowner to create limited or ‘successive’ freehold estates (such as life estates, estates for the life of another, and estates that are determinable or contingent on some event). It illustrates the law by reference to the case of David Derby, the owner of 4 Trant Way, who wants to give estates in the land to his niece, nephew, and friends on certain specific conditions. It concludes with a brief discussion of ‘commonhold’, a method for freehold owners of mutually interdependent properties (such a flats) to manage the shared spaces affecting all their properties.
18. Trusts of the family home
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter deals with trusts of the family home. It explains how cohabitants, spouses, and civil partners may acquire rights to share in a family home owned by the other partner (sole name cases) and compares these to the joint name cases discussed in Chapter 17; how shares in a family home are quantified in sole name and joint-name cases; and the consequences where partners’ intentions about ownership change over time. The law is illustrated by reference to 11 Trant Way, which is held in the sole name of Mark Mould and occupied both by himself and his wife, Sally Mould.
20. Licences and their enforcement
Authors: Nair Aruna
Published: August 2023

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter considers the nature of a licence of land. It discusses how to distinguish a lease from a licence, and how to distinguish an easement or profit from a licence. It then discusses enforcement against the licensor; enforcement against successors of the licensor; and whether licences can be thought of as interests in land. The issues covered are also applied to licensees in Trant Way: Henry Mumps and Bob Bell, each living in property owned by another member of their family.
23. Priorities in relation to 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 explains the rules relating to priorities between successive mortgages and charges and between mortgages and charges and other estates and interests in land. It covers the priorities of mortgages of an equitable interest; the priorities of mortgages of a legal estate; the priorities of three or more mortgages; mortgagee’s right to tack further advances; and interests prior to the mortgage.
26. What is 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 discusses the definition of ‘land’. It covers the statutory definition; earth, minerals, buildings, and fixtures; hereditaments; real and personal property; and flying freehold. It also addresses hydraulic fracturing (fracking). The chapter concludes with some remarks about a practical approach to land law.
1. Introduction
Authors: Barnard Catherine , Peers Steve
Published: August 2023

This introductory chapter begins with a consideration of what purpose EU regulation serves and why the EU should regulate. This is a way of introducing students to the main themes of the book. These can be introduced in the form of two questions: ‘What should the EU be doing?’ and ‘How should the EU go about doing it?’ The first question is linked to the concept of ‘output legitimacy’, that is, the EU proving its value to the public by showing that it is effective in contributing to the achievement of objectives which have wide public support (eg economic growth and job creation). The second question is linked to the concept of ‘input legitimacy’, that is, how fair and democratic is the process by which the EU takes decisions.
6. The effects of EU law in the national legal systems
Authors: Bobek Michal
Published: August 2023

This chapter examines how EU law interacts with national legal systems. It starts by setting out the scope of application of EU law in the national legal system, when applied by national courts and administrative authorities. It explains the default rules for such national application of EU law: the principles of equivalence and effectiveness, as well as effective judicial protection of EU law based rights within the national legal systems. It then focuses on three key principles: direct effect, indirect effect, and primacy. It considers requirements formulated with respect to state liability for breaches of EU law. The chapter concludes with a case study, which illustrates the interplay between the rules and principles introduced in this chapter.
8. General principles of EU law and EU administrative law
Authors: Hofmann Herwig CH
Published: August 2023

General principles of EU law are principles which govern all legal acts of the EU and those of Member States when acting in the scope of EU law. They have become particularly important in terms of administrative implementation of EU law by Union institutions and bodies as well as by Member States. This chapter addresses some of the most important of these principles concerning procedure and substance of implementation of EU law within a multi-level system. The principles discussed in this chapter include proportionality, the rule of law, good administration, information rights and the conditions necessary to ensure the right to an effective remedy. Each comes with examples.
24. EU criminal law
Authors: Csúri András , Spencer John R
Published: August 2023

This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.
3. Ending Relationships: Divorce, Dissolution, and Separation
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 the law on divorce, dissolution, and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; divorce law as it was before 2022; the defects of the former law and its reform; the present law of divorce and judicial separation under the Divorce, Dissolution and Separation Act 2020; and evaluation of the current law.
5. Financial Provision for Children
Authors: George Rob , Thompson Sharon , Miles Joanna
Published: August 2023

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter—which discusses financial provision for children who live apart from one or both parents, whether in a single-parent family, step-family, or with other carers—begins with a brief history of financial provision for children. It then discusses the current law on child support; court-based provision; ‘family-based arrangements’ and other private ordering; and policy questions relating to the financial support of children.
9. Becoming a Legal Parent and the Consequences of Legal Parenthood
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 how the status of ‘legal parenthood’ is acquired under English law. It considers different concepts of parenthood and possible approaches to determining legal parenthood; the current legal framework for identifying a child’s legal parents where a child is conceived through natural procreation; and the legal and social challenges raised by the use of assisted reproduction techniques and surrogacy.
1. Introduction to Bioethics
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter is the first of two in this textbook that focus on bioethics. This chapter introduces the aims, scope, and methods of the applied field of bioethics, and of the wider discipline of ethics in which it is located. It explains why (bio)ethical analysis is an essential companion to legal scholarship when it comes thinking about ‘what should be done’ in health and medical contexts. This chapter takes the first steps in equipping the reader with the tools to engage in bioethical debate. It indicates the kinds of language used in these debates. And it emphasises the importance of reason-giving and conceptual clarity. Expanding on the theme of reason-giving, it explores some the places we might look for relevant and persuasive grounds to support our ethical claims. In doing so it highlights important distinctions between ethical claims, on one hand, and empirical observations, personal preferences and intuitions, community norms, and popular opinions, on the other. It looks briefly at the role of principles in bioethics, and the value of identifying context-responsive principles and priorities rather than relying on prescribed frameworks. It closes by introducing the idea of ‘interests’ and suggesting that identifying whose interests are affected, and how, are important steps in developing and defending our responses to ethical dilemmas.
4. The Regulation of Health and Social Care Professionals
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter provides an overview of the regulation of health and social care professionals in the UK, with a focus on the work of the statutory professional regulators and the concept of fitness to practice. The chapter addresses different elements of the fitness to practise process, looking at case law in this area, including aspects of sexual misconduct and dishonesty. The chapter then considers the operation of the professional duty of candour, looking at barriers to embedding candour. It concludes with some reflections on the future of professional regulation, including the impact of longstanding calls for reform in this area.
5. Health Resource Allocation
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter discusses the allocation of health resources. No resources are finite, and this certainly applies in the health context. Across the UK’s four nations, health care is free at the point of need; this raises complex political and ethical questions about adequate funding, an appropriate calibration of supply and demand, and balance between maximising health and promoting health equity. This chapter explores allocation at the global, national, and individual levels, looking in depth at metrics such as the quality-adjusted life year (QALY) and organisations such as the National Institute for Health and Care Excellence (NICE), a public body that produces evidence-based guidance and advice for care practitioners, develops quality standards and performance metrics for those providing and commissioning care services, and provides a range of information services for commissioners, practitioners, and managers across health and social care. This chapter emphasises that while NICE and similar bodies aim to make decisions grounded in clinical need and efficiency, inevitably they must also include a consideration of what is best for the health service itself, and this means that scientific value and social value judgements cannot be dissociated in such a taxation-funded service.
6. Health Research and Innovation
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter covers the regulatory environment of health research and biotechnological innovation in the UK, with some specific focus on genomics (including gene editing), artificial intelligence, and brain organoids. The Covid-19 pandemic demonstrated the limitations and strengths of a regulatory regime that enables (or thwarts) research into life-saving treatments and vaccines, as well as the importance of sharing data within and across organisations and institutions to address health emergencies. The chapter covers the governance of health research (focusing on biomedical research), the regimes that seek to promote innovation in science and medicine while accounting for the risks of biomedical research, as well as the development of research ethics codes. Following Brexit, the UK’s regulatory landscape for health research is somewhat in flux, with a flurry of policy papers and consultations regarding proposed legislative reform. As such, it remains to be seen what the contours of the landscape will be, and whether it promotes or hinders innovation—and creates fewer or greater risks for patients and research participants.
16. Assisted Reproduction
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

This chapter discusses ethical and legal aspects of control of assisted reproduction in the UK. It begins with the regulation of assisted reproduction, including the creation, use, and disposal of gametes and embryos. Access to assisted reproduction technologies is examined, looking at artificial insemination and gamete donation more broadly. The chapter then goes on to consider the legal position of surrogacy and commercial surrogacy in particular, as well as the relationship between assisted reproduction and parenthood. Posthumous parenthood and also adoption are looked at, and the chapter then concludes by looking at embryo research and the future of assisted reproduction.
18. Euthanasia and Assisted Suicide
Authors: Farrell A. M. , Dove E. S.
Published: August 2023

As with treatment withdrawal and withholding, both law and ethics are engaged in the debates on euthanasia and assisted suicide. While the law is immovable on the proscription of the former as murder, assisted suicide is becoming increasingly permissible in various jurisdictions, subject to a range of conditions, or ‘safeguards’. These range from residency in the jurisdiction for a period of time, to capacity and a terminal diagnosis. In this chapter, we begin by discussing the question of euthanasia, before turning to assisted suicide as an expression of a person’s autonomy. We consider the ways in which the UK jurisdictions could reverse the current position in which assisting a suicide amounts to a criminal offence, including both a jurisprudential and a legislative route to reform. We conclude that while this is an essentially constitutional issue, there is no need for legislative reform, save in respect of that narrow class of patient with a degenerative and incapacitating neuromuscular disease.
7. Charity: trust creation and public policy II
Authors: Watt Gary
Published: August 2023

This chapter explores how the creation of trusts is influenced by special considerations of public policy, focusing on charity that is beneficial to the public as opposed to illegality. Charity will render a purpose trust valid that the law of trusts would otherwise consider to be void. In contrast, illegality will sometimes render an interest or transaction void or unenforceable that the law of trusts and gifts would generally consider to be valid. After considering the creation of charitable trusts, the chapter also discusses charitable purposes and the public benefit as well as the administration of charitable trusts, before concluding by analysing their variation in accordance with the ‘cy-près’ doctrine.
11. Fulfilling and filling the office of trustee
Authors: Watt Gary
Published: August 2023

As the legal owners of trust property, trustees enjoy all the legal powers of an absolute owner, including the power to sell, lease, mortgage, and otherwise manage and invest trust assets. However, trusteeship involves not only holding property belonging to another, but also the responsibility of managing trust property in accordance with the terms of the trust instrument and the general law. This chapter examines the duty of care and the duty to exercise a sound discretion in the context of trustee investment, arguing that the office of trustee must be filled if it is to be fulfilled. It also discusses the many different ways in which the law maintains a fine balance between the strict enforcement of trust duties and the need to attract persons to accept trust office. Furthermore, the chapter describes the duty to act fairly and the duty of personal service.
1. Foundations and structure of international law
Authors: Henriksen Anders
Published: August 2023

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with an overview of some of the critiques of the international legal system.
2. Sources of international law
Authors: Henriksen Anders
Published: August 2023

This chapter provides an overview of the legal sources in international law. Sources of law determine the rules of legal society and, like national legal societies, the international legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary international law, and Section 2.5 turns to general principles of international law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft law’.
3. The law of treaties
Authors: Henriksen Anders
Published: August 2023

This chapter examines the principles and rules of the international law of treaties as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT). It discusses the treaty as a legal concept and provides an overview of the regulation of who can conclude treaties, how consent to be bound by a treaty is expressed, the rules on entry into force, treaty reservations, the interpretation of treaties, amendments and modifications, the invalidity of treaties and the termination of and withdrawal from treaties. The VCLT is meant to be applied to all types of written treaties and it therefore governs treaties as diverse as a bilateral agreement to construct infrastructure as well as a multilateral document such as the UN Charter. In practice, however, the concrete application of the Convention may differ depending on the type of treaties.
7. Introduction to Executive Functions
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This chapter provides an overview of the themes covered in Part II of the book, consisting of Chapters 8–10. It addresses the following questions: What is the executive function? Broadly, this can be defined as the powers of government to decide issues of policy, to raise and spend public money, and to implement decisions. What is the role of a constitution in relation to executive functions? Generally, we can say that constitutions have a dual role: they enable executive action (by providing institutional and procedural frameworks for decision-making) and they also constrain it (to ensure that it stays within what is permitted by law and to make governments accountable for their actions). It then summarizes the basic constitutional and legal aspects of the various executive bodies considered in the Chapter.
8. Government of the United Kingdom
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This chapter examines the people and processes that comprise government in the UK. It considers the constitutional and legal status and role of the monarchy (the King), ministers (the Prime Minister, Secretaries of State, and other ministers), civil servants (politically neutral officials responsible for supporting ministers to implement policies), as well as holders of appointed public offices (such as regulatory bodies that operate independently of ministers). A key question is where does government get its legal power from (legality)? In general terms, those who govern have such powers as are conferred by Acts of Parliament, prerogative powers (in the case of some ministers and the King), and the common law. Another key question is about legitimacy: government bodies must implicitly or expressly make a claim that their powers to govern ought to be accepted, and that claim must be accepted by most of the people most of the time.
12. Primary Legislation
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This chapter examines ‘primary legislation’ (UK Acts of Parliament) and how it is made. We look at who or what is the ‘legislature’ in the British constitution; the roles of different institutions in policymaking; drafting bills by Parliamentary Counsel; pre-legislative scrutiny of some ‘draft bills’ before the start of the formal legislative process in Parliament; the parliamentary year; parliamentary stages of a bill—first reading, second reading, committee stage, report stage, and third reading; bills of constitutional importance; the constitutional framework for bringing legislation into force; how government and Parliament carries out post-legislative scrutiny of some Acts of Parliament to review how they are operating in practice; and legislative functions in the British system of devolution.
13. Delegated Legislation
Authors: Sueur Andrew Le , Sunkin Maurice , Murkens Jo Eric Khushal
Published: August 2023

This chapter is about delegated legislation, also called ‘subordinate’ and ‘secondary’ legislation made by UK ministers. Ministers use delegated legislation for a variety of purposes: to bring sections of Acts of Parliament into force; to fill in the detail of frameworks created by Acts of Parliament; and, most controversially, to repeal and amend Acts of Parliament. It considers why the constitution allows ministers (part of the executive) to make this type of legislation and the process by which it is made. It includes two mini case studies; on a controversial attempt by the government to abolish numerous institutions through powers conferred by the Public Bodies Act 2011; and the law-making powers given to ministers by the European Union (Withdrawal) Act 2019.
1. The establishment and development of the European Union
Authors: Foster Nigel
Published: August 2023

This chapter examines the history of the establishment and development of the European Union (EU). It discusses the underlying motives for its founding, which include the desire for peace, security against the rising threat from the Soviet Union, and economic development. It describes the origins of the Union which can be traced from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC). This chapter also explains the roles and obligations of the EU in managing the external relations of its members, particularly in international trade. It looks at the subsequent extensive developments to both the Communities and the Treaties.
4. Sources and forms of EU law
Authors: Foster Nigel
Published: August 2023

This chapter examines the forms and sources of European Union (EU) law. It describes the nature of the EU legal system and discusses the classification of various elements of EU law, which include institutional laws, procedural laws, and substantive laws. It explains that the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the principal sources of law for the Union. Other sources include regulations, Directives, procedural requirements, and international agreements and conventions. This chapter also discusses the contribution of the European Court of Justice (CJEU) to the sources of EU law.
5. Supremacy of EU law
Authors: Foster Nigel
Published: August 2023

This chapter focuses on the supremacy of European Union (EU) law over the law of the member states and the relationship with international law. It suggests that the reasons and logic for the supremacy of the EU law have been developed through the decisions and interpretation of the European Court of Justice (CJEU) and provides relevant cases to illustrate the views of the CJEU on the superiority of EU law. It also considers the transfer and division of competences. This chapter also describes the reception and implementation of EU law in several member states, including Germany, Italy, France, the Czech Republic, Denmark, and Spain.
11. Writing skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter outlines the elements of good written English with particular emphasis on the way that language is used in academic legal writing. It includes sections on language, grammar, and punctuation as well as practical guidance on matters such as selecting quotations and writing in a concise manner to keep within the word limit.
16. Revision and examination skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter provides a selection of practical tips on formulating an effective revision strategy from planning and organization through to a series of practical tasks that can be undertaken alone or in groups. The overall aim is to provide some insight into the various ways that revision can be made more variable, engaging, and effective. The discussions cover how to prepare for revision; reviewing each subject; revision strategies; and issues related to exams.
17. Dissertations
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter focuses on the range of different skills involved in the production of a dissertation. It begins by outlining the reasons for writing a dissertation. It then discusses the choice of dissertation topic and formulating a research question; writing a dissertation proposal; planning and organization; researching for a dissertation; and the writing process.
18. Presentation skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter draws upon some of the material covered in previous sections of the book that focused upon helping students locate and understand the law to prepare and deliver an effective oral presentation. It starts by outlining some guidelines on preparing a presentation, including selecting an appropriate topic and making decisions about the use of supplementary materials such as handouts or PowerPoint slides. It then considers issues relating to the delivery of the presentation, including matters such as timing, combating nerves, and engaging the interest of the audience.
19. Mooting skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2023

This chapter provides a step-by-step guide to assist students through the process of preparing and delivering a moot argument with reference made to associated issues, such as conducting legal research and production of a skeleton argument. It highlights the aspects of mooting that students often find worrying or difficult, such as formulating a flowing argument, developing a confident oral presentation style, and dealing with judicial interventions. The chapter is a general guide that will be invaluable for preparation of any moot but a sample moot is used throughout as a source of specific explanation and illustration.
2. Agreement
Authors: Taylor Richard , Taylor Damian
Published: August 2023

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. A contract requires that the parties reach an agreement which normally consists of a matching offer and acceptance. This chapter discusses the following: the objective test of agreement; identifying an offer and acceptance; rejection, counter-offers and inquiries; communication of acceptance including the postal rule and the contrasting rule for revocation; mode of acceptance; the death of an offer; and unilateral contracts.
3. The court system of England & Wales
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter outlines the courts and tribunals system of England & Wales, first explaining key themes and concepts that are essential for understanding the structure and mechanics of English courts and tribunals. It then discusses the criminal courts and civil courts of England and Wales; it then focusses on other courts and forums that have significance in the English legal system, but which are not part of the English court system. The most significant of these are the European Court of Human Rights and the European Court of Justice, and alternatives to litigation (alternative dispute resolution, arbitration, Ombudsmen, and negotiation).
9. Problem-solving and case/matter analysis
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter first explains how to deal with problem-solving questions set for students on undergraduate law programmes. This includes consideration of the IRAC model and how to identify the relevant issues, apply the relevant law to the facts, identify a remedy, draw a clear conclusion, and structure and communicate an answer effectively. It then explores the practicalities for lawyers when problem-solving in practice, such as: effective case/matter analysis, clients providing insufficient or too much information, taking account of clients’ personal and commercial objectives, and considering other stakeholders’ interests. Next, the chapter considers in more detail the conclusion of problem-solving in practice: identifying options and advising the client.
13. Advocacy and mooting
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter focuses on advocacy skills required during academia and in practice. The section on academia considers persuasive oral communication and confidence. It provides guidance on how to succeed both in mooting and in criminal advocacy competitions. It examines how to undertake effective case analysis using the IRAC model, and how to prepare skeleton arguments and case bundles. Examples of skeleton arguments are provided. The section on professional advocacy considers professional roles, rights of audience, areas of practice and activities. It covers practicalities such as etiquette, dress, conduct and ethics. The progress made towards a move to digital courts is also explored.
14. Writing and drafting
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter focuses on the development and improvement of writing skills by law students. It then goes on to explore why these skills are needed in practice, and how to continue to improve them at that stage. It also explains what are professional drafting skills and provides guidance for good drafting. The section about academia includes comprehensive writing guidance for law students. This includes spelling, grammar, punctuation, structure, layout, language and proofreading. The section then moves on to explaining plagiarism, honesty and academic conduct. Guidance is provided about how to OSCOLA reference, and how this differs from other styles such as Harvard. Supportive technology is discussed, including Endnote and Grammarly. The section then moves on to how to write good essays, with guidance about planning and structuring essays. Reference is made to assessment criteria, and how to meet the criteria at the highest level in an essay. The professional writing and drafting section explores how to further develop the good writing practice mastered at university. It also explores drafting and dictation skills, and how to use a precedent. Writing and drafting templates are provided, including for an email.
20. Essential economics and finance
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2023

This chapter focuses on the economic and financial environment, introducing the fundamentals of economics including an introduction to micro- and macro-economics, supply and demand, economic resources and fiscal and monetary policies, topical economic issues and the relationship between GDP, inflation and unemployment. It then looks at financial markets, with an introduction to stock markets, shares and bonds, and the major players within those markets, particularly the banks. It examines the fundamentals of money and finance: what money is, how to organise and account for it, and what happens when things go wrong. This includes an introduction to business accounts and an examination of corporate and personal insolvency.
1. Introduction
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.
5. Special duty problems: psychiatric harm
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter begins by explaining the meaning of psychiatric harm. Though initially psychiatric harm was recoverable only if accompanied by physical injury, it is now clear that the claimant can recover for pure psychiatric harm so long as it is a recognised psychiatric illness. The chapter considers the distinction between ‘primary’ and ‘secondary’ victims and other circumstances where the law recognises victims of psychiatric harms as having a claim in negligence (rescuers, involuntary participants, communicators of shocking news, self-harm by the defendant and ‘assumption of responsibility’ cases).
20. Vicarious liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2023

This chapter examines the principle of vicarious liability, a form of secondary liability through which employers may, in certain circumstances, be liable for the torts of their employees, even though the employer themselves may be entirely blameless. The imposition of vicarious liability is one of the most important exceptions to the general approach of the common law whereby liability for any wrongdoing is imposed on, and only on, the wrongdoer(s). A defendant will not be vicariously liable unless the following conditions are met: (a) there is an employer–employee relationship (or one akin to this) between the defendant and the person for whose actions they are being held liable; and (b) a close connection between this relationship and the tortious wrongdoing of the employee
4. Discrimination in employment
Authors: Smith Ian , Warnock Owen , Mitchell Gemma
Published: August 2023

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, including direct and indirect discrimination, harassment, and victimization. The chapter examines each protected characteristic in turn, highlighting the issues specific to each, including equal pay, sex-discriminatory dress codes, the additional protections against discrimination afforded to disabled people, compulsory retirement ages, and the apparent clash between protections against sexual orientation discrimination and religious discrimination.
5. The work–life balance legislation
Authors: Smith Ian , Warnock Owen , Mitchell Gemma
Published: August 2023

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on the controls over working hours and rest breaks and the right to paid annual leave in the Working Time Regulations; the law on maternity, adoption, paternity, shared parental, and other parental leave; and the right to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights and the policies and legislation behind them, and assesses whether the law delivers effective and useful rights. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home.
21. The Area of Freedom, Security and Justice: EU Justice and Home Affairs Law and Policy
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter examines the European Union (EU) home affairs law and policy, known in EU law as ‘the area of freedom, security and justice (AFSJ)’. It discusses the provisions of EU law on immigration and asylum (refugees and subsidiary protection) regulating the entry and residence of non-EU citizens, distinguishing between legal and unauthorised entry (controls at the border and expulsion and detention of irregular migrants), and the protection given to third -country nationals by a range of legislative measures. It also introduces the legal framework for the EU’s criminal justice policies, including the link between substantive criminal law and other EU policies.
23. EU Competition Law
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter examines the competition policy in the European Union (EU), discusses the economics of the social market, and describes the structure and objectives of EU competition provisions and policy. The chapter focuses on Articles 101 and 102 TFEU and covers the basic principles established by Regulation 1/2003. It highlights the decentralisation of the enforcement of competition policy. It also explores policies on competition with third countries. The chapter highlights the complexities that can arise when law and economics interact and reveals the difficult role of the Court of Justice (CJ) to make complex assessments of economics. This chapter also examines the core elements of competition law in the European Union (EU). It provides a number of examples of the types of agreements covered by EU competition law and shows the dangers which may arise when independent undertakings come together to coordinate their activities to distort competition. The chapter reviews the impact of anticompetitive agreements on the internal market and focuses on the abuse of market power and controls over concentrations. Overall, the chapter discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).
24. Brexit
Authors: Costa Marios , Peers Steve
Published: August 2023

This chapter examines the legal issues raised by the controversial Brexit process. It discusses the legal requirements of the so-called divorce process outlined in Article 50 TEU (the voting franchise in the Brexit referendum of 2016, national legal requirements in the UK as regards Parliament, the possible withdrawal of the notification to leave), the withdrawal agreement (including citizens’ rights, the post-Brexit transition period, dispute settlement, separation provisions and the ‘divorce bill’), as well as the future UK/EU relationship (encompassing a free trade agreement in goods and services, fisheries, cooperation on security issues and dispute settlement, including the rule of the CJEU).
7. Privity of contract and third party rights
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines privity of contract, its relationship with consideration, and the ability of third parties to enforce contractual provisions for their benefit. The doctrine of privity of contract provides that the benefits of a contract can be enjoyed only by the parties to that contract and only parties can suffer the burdens of the contract. At common law, third party beneficiaries could not enforce a contractual provision in their favour, so various devices were employed seeking to avoid privity. Statute now allows for direct third party enforcement, but in limited circumstances. This chapter examines the background to privity and the attempted statutory reform in the Contracts (Rights of Third Parties) Act 1999 as it has been interpreted in the case law. The chapter also discusses the common law means of avoiding privity as illustrated by the case law, e.g. agency, collateral contracts, and trusts of contractual obligations. Finally, it assesses the remedies available to the contracting party to recover on behalf of the third party beneficiary of the promise, including the narrow and broad grounds in Linden Gardens Trust. It concludes by briefly considering privity and burdens—and the exceptional situations where a burden can be imposed on a person who is not a party to the contract.
11. Illegality
Authors: Merkin KC Robert , Saintier Séverine , Poole Jill
Published: August 2023

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract may be deemed illegal or void on grounds of public policy. This chapter examines the illegality of contracts under English law, contracts prohibited by statute (express prohibition), and contracts that are illegal in their performance. It considers contracts that are void on grounds of public policy, focusing on contracts in restraint of trade, covenants between employer and employee, exclusive dealing agreements, exclusive service agreements, and severance of the objectionable parts of covenants. The chapter also discusses the recovery of money or property transferred under an illegal contract, along with the UK Law Commission’s proposed reform of the law governing illegal contracts and the Supreme Court decision of Patel v Mirza over controversy concerning the nature of illegality, the basis for intervention in illegal contracts, and the ability to recover under an illegal contract.
1. Union Institutions
Authors: Schütze Robert
Published: August 2023

This chapter discusses the five major European Union institutions: the European Parliament, the European Council, the Council, the European Commission, and the European Court. The provisions dealing with the EU institutions are split between the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). Ultimately, each of the EU institutions is characterized by its distinct composition and its decision-making mode. Importantly, the EU is not based on a strict separation of functions between its institutions but follows a ‘checks and balances’ version of the separation-of-powers principle. This means that various EU institutions share in the exercise of various governmental functions.
6. (Legal) Primacy
Authors: Schütze Robert
Published: August 2023

This chapter assesses the ‘primacy’ of European law. When the European Union was born, the EU Treaties did not expressly mention the primacy of European law. Did this mean that primacy was a matter to be determined by each national legal order; or was there a European Union doctrine of primacy? There are two perspectives on the primacy question. According to the European perspective, all Union law prevails over all national law. This ‘absolute’ view is not, however, shared by the Member States. According to the national perspective, the primacy of European law is relative. The chapter considers the three national challenges to the absolute primacy of European law. The first arose in the context of fundamental rights. The second relates to the contested question of who is the ultimate arbiter of the scope of the European Union’s competences, while the third concerns the protection of the constitutional identity of the Member States.