bluuebunny/crossref_metadata_2025 huggingface dataset:
An Update on Severe Acute Respiratory Syndrome Coronavirus 2 Diversity in the US National Capital Region: Evolution of Novel and Variants of Concern
Authors: Morris C Paul , Luo Chun Huai , Amadi Adannaya , Schwartz Matthew , Gallagher Nicholas , Ray Stuart C , Pekosz Andrew , Mostafa Heba H
Published: July 2021

Background

Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) variants concerning for enhanced transmission, evasion of immune responses, or associated with severe disease have motivated the global increase in genomic surveillance. In the current study, large-scale whole-genome sequencing was performed between November 2020 and the end of March 2021 to provide a phylodynamic analysis of circulating variants over time. In addition, we compared the viral genomic features of March 2020 and March 2021.

Methods

A total of 1600 complete SARS-CoV-2 genomes were analyzed. Genomic analysis was associated with laboratory diagnostic volumes and positivity rates, in addition to an analysis of the association of selected variants of concern/variants of interest with disease severity and outcomes. Our real-time surveillance features a cohort of specimens from patients who tested positive for SARS-CoV-2 after completion of vaccination.

Results

Our data showed genomic diversity over time that was not limited to the spike sequence. A significant increase in the B.1.1.7 lineage (alpha variant) in March 2021 as well as a transient circulation of regional variants that carried both the concerning S: E484K and S: P681H substitutions were noted. Lineage B.1.243 was significantly associated with intensive care unit admission and mortality. Genomes recovered from fully vaccinated individuals represented the predominant lineages circulating at specimen collection time, and people with those infections recovered with no hospitalizations.

Conclusions

Our results emphasize the importance of genomic surveillance coupled with laboratory, clinical, and metadata analysis for a better understanding of the dynamics of viral spread and evolution.
Fully automated identification of cephalometric landmarks for upper airway assessment using cascaded convolutional neural networks
Authors: Yoon Hyun-Joo , Kim Dong-Ryul , Gwon Eunseo , Kim Namkug , Baek Seung-Hak , Ahn Hyo-Won , Kim Kyung-A , Kim Su-Jung
Published: July 2021

Objectives

The aim of the study was to evaluate the accuracy of a cascaded two-stage convolutional neural network (CNN) model in detecting upper airway (UA) soft tissue landmarks in comparison with the skeletal landmarks on the lateral cephalometric images.

Materials and methods

The dataset contained 600 lateral cephalograms of adult orthodontic patients, and the ground-truth positions of 16 landmarks (7 skeletal and 9 UA landmarks) were obtained from 500 learning dataset. We trained a UNet with EfficientNetB0 model through the region of interest-centred circular segmentation labelling process. Mean distance errors (MDEs, mm) of the CNN algorithm was compared with those from human examiners. Successful detection rates (SDRs, per cent) assessed within 1–4 mm precision ranges were compared between skeletal and UA landmarks.

Results

The proposed model achieved MDEs of 0.80 ± 0.55 mm for skeletal landmarks and 1.78 ± 1.21 mm for UA landmarks. The mean SDRs for UA landmarks were 72.22 per cent for 2 mm range, and 92.78 per cent for 4 mm range, contrasted with those for skeletal landmarks amounting to 93.43 and 98.71 per cent, respectively. As compared with mean interexaminer difference, however, this model showed higher detection accuracies for geometrically constructed UA landmarks on the nasopharynx (AD2 and Ss), while lower accuracies for anatomically located UA landmarks on the tongue (Td) and soft palate (Sb and St).

Conclusion

The proposed CNN model suggests the availability of an automated cephalometric UA assessment to be integrated with dentoskeletal and facial analysis.
Chi-Dependent Intramolecular Recombination in Escherichia coli
Authors: Friedman-Ohana Rachel , Karunker Iris , Cohen Amikam
Published: July 2021

Homologous recombination in Escherichia coli is enhanced by a cis-acting octamer sequence named Chi (5′-GCTGGTGG-3′) that interacts with RecBCD. To gain insight into the mechanism of Chi-enhanced recombination, we recruited an experimental system that permits physical monitoring of intramolecular recombination by linear substrates released by in vivo restriction from infecting chimera phage. Recombination of the released substrates depended on recA, recBCD and cis-acting Chi octamers. Recombination proficiency was lowered by a xonA mutation and by mutations that inactivated the RuvABC and RecG resolution enzymes. Activity of Chi sites was influenced by their locations and by the number of Chi octamers at each site. A single Chi site stimulated recombination, but a combination of Chi sites on the two homologs was synergistic. These data suggest a role for Chi at both ends of the linear substrate. Chi was lost in all recombinational exchanges stimulated by a single Chi site. Exchanges in substrates with Chi sites on both homologs occurred in the interval between the sites as well as in the flanking interval. These observations suggest that the generation of circular products by intramolecular recombination involves Chi-dependent processing of one end by RecBCD and pairing of the processed end with its duplex homolog.
Genetic Analysis of Chloroplast c-Type Cytochrome Assembly in Chlamydomonas reinhardtii: One Chloroplast Locus and at Least Four Nuclear Loci Are Required for Heme Attachment
Authors: Xie Zhiyi , Culler Duane , Dreyfuss Beth Welty , Kuras Richard , Wollman Francis-Andre , Girard-Bascou Jacqueline , Merchant Sabeeha
Published: July 2021

Chloroplasts contain up to two c-type cytochromes, membrane-anchored cytochrome f and soluble cytochrome c6. To elucidate the post-translational events required for their assembly, acetate-requiring mutants of Chlamydomonas reinhardtii that have combined deficiencies in both plastid-encoded cytochrome f and nucleus-encoded cytochrome c6 have been identified and analyzed. For strains ct34 and ct59, where the phenotype displays uniparental inheritance, the mutations were localized to the chloroplast ccsA gene, which was shown previously to be required for heme attachment to chloroplast apocytochromes. The mutations in another eight strains were localized to the nuclear genome. Complementation tests of these strains plus three previously identified strains of the same phenotype (ac206, F18, and F2D8) indicate that the 11 ccs strains define four nuclear loci, CCS1–CCS4. We conclude that the products of the CCS1–CCS4 loci are not required for translocation or processing of the preproteins but, like CcsA, they are required for the heme attachment step during assembly of both holocytochrome f and holocytochrome c6. The ccsA gene is transcribed in each of the nuclear mutants, but its protein product is absent in ccs1 mutants, and it appears to be degradation susceptible in ccs3 and ccs4 strains. We suggest that Ccs1 may be associated with CcsA in a multisubunit “holocytochrome c assembly complex,” and we hypothesize that the products of the other CCS loci may correspond to other subunits.
The tumorous-head-1 Locus Affects Bristle Number of the Drosophila melanogaster Cuticle
Authors: Packert G , Kuhn D T
Published: July 2021

The tuh-1 maternal effect locus contains two naturally occurring isoalleles, tuh-1h and tuh-1g. Until recently there has been no possibility to distinguish between the tuh-1h and the tuh-1g maternal effects other than evaluating their effect on the Bithorax-Complex (BX-C) Abdominal B (Abd-B) mutant tuh-3. However, in this report we identify a bristle phenotype associated with the tuh-1 locus that has very interesting evolutionary implications. Females homozygous for tuh-1h always produce adult offspring with more bristles than females homozygous or heterozygous for tuh-1g. The effect is global. Increased bristle number occurs in the head, the thorax, and the anterior and posterior abdomen. Females totally deficient for the tuh-1 gene produce offspring with high bristle number. Thus, the bristle phenotype results from the absence of the maternally contributed tuh-1g factor. Genetic evidence shows that the bristle phenotype is caused by the tuh-1 locus and that tuh-1h is completely recessive to tuh-1g. The tuh-1 locus is located at the euchromatin-β-heterochromatin junction near the centromere of the X chromosome and deficiency analysis places the locus between the lethal genes extra organs (eo) and lethal B20 (lB20). The variance in bristle number attributable to the tuh-1 locus in nature is approximately 10.1%, an indication that the bristle phenotype is most likely a neutral, pleiotrophic side effect of tuh-1.
Higher Frequency of Concerted Evolutionary Events in Rodents Than in Man at the Polyubiquitin Gene VNTR Locus
Authors: Nenoi Mitsuru , Mita Kazuei , Ichimura Sachiko , Kawano Akihiro
Published: July 2021

The polyubiquitin gene is an evolutionarily conserved eukaryotic gene, encoding tandemly repeated multiple ubiquitins, and is considered to be subject to concerted evolution. Here, we present the nucleotide sequences of new alleles of the polyubiquitin gene UbC in humans and CHUB2 in Chinese hamster, which encode a different number of ubiquitin units from those of previously reported genes. And we analyze the concerted evolution of these genes on the basis of their orthologous relationship. That the mean of the synonymous sequence difference Ks, which is defined as the number of synonymous substitution relative to the total number of synonymous sites, within the UbC and CHUB2 genes (0.192 ± 0.096) is significantly less than Ks between these genes (0.602 ± 0.057) provides direct evidence for concerted evolution. Moreover, it also appears that concerted evolutionary events have been much more frequent in CHUB2 than in UbC, because Ks within CHUB2 (0.022 ± 0.018) is much less than that within UbC (0.362 ± 0.192). By a numerical simulation, postulating that the major mechanism of concerted evolution in polyubiquitin genes is unequal crossing over, we estimated the frequency of concerted evolutionary events of CHUB2 at 3.3 × 10−5 per year and that of UbC at no more than 5.0 × 10−7 per year.
The Role of Social Connection/Engagement in Episodic Memory Change in Stroke
Authors: Elayoubi Joanne , Nelson Monica E , Haley William E , Hueluer Gizem
Published: July 2021

Background and Objectives

Positive associations between social connection/engagement and cognitive function are well documented. However, little is known about whether social connection/engagement can buffer the impact of serious brain injury such as stroke on cognitive functioning.

Research Design and Methods

Participants were 898 individuals with incident stroke from the Health and Retirement Study between 1998 and 2012. Multilevel modeling was used to examine how social connection/engagement was associated with episodic memory pre- and poststroke. Models controlled for age, gender, education, race/ethnicity, number of health conditions, and functional health.

Results

Participants who were lonely prestroke recalled significantly fewer words at the time of stroke, and participants who had children residing within 10 miles prestroke showed significantly less decline in word recall over time. Participants who provided help to others prestroke showed less stroke-related decline in word recall. Within-person increase in partnered status, having friends, and helping others were related to better word recall in the poststroke period.

Discussion and Implications

Higher prestroke levels of social connection/engagement predicted better episodic memory at stroke, a smaller decline in episodic memory with stroke, and less decline in episodic memory over time. Increases in social connection/engagement from pre- to poststroke also predicted better poststroke episodic memory. Beyond the widely documented benefits of social connection/engagement to well-being, they may also increase cognitive stimulation and cognitive reserve and thus contribute to stroke recovery in the cognitive domain. Social connection/engagement is an important and modifiable risk factor in older adults.
The Pathway Towards Digital Superpower: Copyright Reform in China
Authors: Lee Jyh-An , Li Yangzi
Published: July 2021

After going through four drafts and several consultations in the past decade, the Third Amendment of Copyright Law was finally adopted in China on 11 November 2020. The new Copyright Law came into effect on 1 June 2021. This report presents a comprehensive analysis of the major changes in the Third Amendment, including originality, copyright subject matter, scope of exclusive rights, copyright collective management organisations, digital rights management, and remedies. In addition, this report discusses unsolved issues in the Third Amendment ‒ namely orphan works and those associated with artificial intelligence technologies ‒ for future copyright reform. By examining the amended provisions in the Third Amendment, this report illustrates the multiple purposes underlying China’s recent copyright reform.
3. Money laundering
Authors: Firth Clare , Seymour Jennifer , Crompton Lucy , Fox Helen , Seabridge Frances , Seymour Jennifer , Smart Elizabeth
Published: July 2021

A concerted effort is being made within the UK and EU to crack down on money laundering. This is reflected by the European Money Laundering Directives, which led to changes in the UK legislation, in particular the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations (MLR). Solicitors are usually unwittingly involved in a money laundering scheme. They can avoid this by being conversant with the requirements of the money laundering legislation and fully complying with it. This chapter explains the process of money laundering; the primary legislation and offences; and the relevance of the legislation to solicitors.
5. Income tax
Authors: Firth Clare , Seymour Jennifer , Crompton Lucy , Fox Helen , Seabridge Frances , Seymour Jennifer , Smart Elizabeth
Published: July 2021

Everyone needs to pay income tax, so whilst it is not necessary for every lawyer to have knowledge to the same extent of a specialist tax lawyer or a financial advisor, it remains essential for every lawyer to have sufficient knowledge and understanding to be able to undertake basic income tax calculations, understand the stages in those calculations, any applicable reliefs and how they work, therefore enabling them to recognise the impact of income tax on both clients and themselves. This chapter discusses the background to income tax law; the role of HMRC in the collection of income tax and the dates for payment of income tax; sources of taxable income. rates of income tax, reliefs and allowances; the key elements to an income tax calculation. This chapter covers the changes introduced by the March 2021 Budget.
7. Inheritance tax
Authors: Firth Clare , Seymour Jennifer , Crompton Lucy , Fox Helen , Seabridge Frances , Seymour Jennifer , Smart Elizabeth
Published: July 2021

This chapter deals with inheritance tax (IHT). It explains the charge to IHT; potentially exempt transfers (PETs); the transfer of value on death; the occasions to tax; the charge to tax and a lifetime chargeable transfer (LCT); the charge to tax and a LCT where the transferor dies within seven years of the LCT; the charge to tax and a PET; the charge to tax and death; gifts subject to a reservation; liability, burden, and payment of tax; and tax planning.
12. Introduction to wills and administration of estates
Authors: Firth Clare , Seymour Jennifer , Crompton Lucy , Fox Helen , Seabridge Frances , Seymour Jennifer , Smart Elizabeth
Published: July 2021

This chapter provides an overview of Chapters 13 to 15. When a person dies, their relatives or friends usually deal with the most pressing matters—registering the death and arranging the funeral—before consulting a solicitor. In simple cases, or where the deceased has left little property, it may well be that a solicitor is not consulted at all. Commonly, however, the advice of a solicitor will be sought as to who is entitled to the deceased’s property, as to the liability of the estate to tax, and generally as to ‘what has to be done’ in order to pass the deceased’s property to those now entitled to it.
13. Entitlement to the estate
Authors: Firth Clare , Seymour Jennifer , Crompton Lucy , Fox Helen , Seabridge Frances , Seymour Jennifer , Smart Elizabeth
Published: July 2021

This chapter discusses the law underlying the entitlement to a person’s property on his or her death. It considers the law of ‘testate succession’ where the deceased has left a will; the law of ‘intestate succession’ if there is no will, or if any will left by the deceased is not wholly effective to dispose of their estate; the law governing devolution of property not passing under the terms of the deceased’s will or the operation of the intestacy rules; and the law enabling members of the family or dependants of the deceased to make claims for provision against the estate.
14. Application for a grant of representation
Authors: Firth Clare , Seymour Jennifer , Crompton Lucy , Fox Helen , Seabridge Frances , Seymour Jennifer , Smart Elizabeth
Published: July 2021

This chapter discusses the law and procedure relating to the issue of a grant of representation to the personal representatives of someone who has died. It considers the nature, effect, and the principal types of grant; the position of the personal representatives; the responsibilities of solicitors instructed to act in the administration of an estate; obtaining the grant; the court’s requirements; the Probate Application; HM Revenue & Customs (HMRC) requirements; excepted estates; Form IHT 400 and its Schedules; and the calculation of inheritance tax (IHT).
15. Post-grant practice
Authors: Firth Clare , Seymour Jennifer , Crompton Lucy , Fox Helen , Seabridge Frances , Seymour Jennifer , Smart Elizabeth
Published: July 2021

This chapter discusses the law and practice relating to the administration and winding up of an estate once the court has issued the grant. It considers the duties and powers of personal representatives; administering the estate; and distributing the estate.
Criminal Litigation
Authors: Mountford Lisa , Hannibal Martin
Published: July 2021

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.
2. An Introduction to the Law of Criminal Evidence and Advocacy
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

Both prosecutors and defence lawyers must have a good understanding of the rules of criminal evidence and be able to apply the rules in a highly practical way to the issues in a case. This chapter provides a brief introduction to the main evidential rules which are considered further in later chapters. In particular, it addresses the following: the purpose of rules of evidence; the core concepts of relevance, admissibility, and weight; and the different types of evidence.
4. Detention and Interrogation
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter considers the process of detention, questioning, and charging of the suspect. It discusses the rights of a volunteer at the police station; action immediately following arrest; the role of the custody officer; detention without charge; reviewing a suspect’s detention; the suspect’s right to intimation and/or legal advice; other rights and safeguards enjoyed by the suspect whilst in detention; the treatment of vulnerable suspects; interviewing the suspect; the requirement to caution; the elements of a fair interview; how an interview should be recorded; release pending further investigation and charging a suspect.
5. The Right to Silence at the Police Station
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter explains the substantive law governing a defendant’s silence at the police station under ss. 34, 36, and 37 Criminal Justice and Public Order Act (CJPOA) 1994. It covers the risks associated with s. 34 CJPOA 1994; drawing inferences from a failure to account under ss. 36 and 37 CJPOA 1994; and the practical aspects associated with remaining silent.
6. Challenging Unlawfully and Unfairly Obtained Evidence
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter examines the court’s powers to exclude unlawfully or unfairly obtained prosecution evidence by examining the position in relation to confession evidence excluded under ss. 76 and 78 Police and Criminal Evidence Act (PACE) 1984; and other prosecution evidence excluded at common law, under s. 78 PACE 1984, and as an abuse of process.
8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.
10. The Law and Practice Relating to Court Bail
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter explains the practice and procedure of court bail. It examines the grounds upon which bail might be refused; the factors a court can have regard to when deciding whether bail should be granted; the procedure at a contested bail application; appeals against bail decisions; and bail and Article 5 of the European Convention on Human Rights 1950 (ECHR 1950).
13. Crown Court Proceedings Pre-Trial
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter deals with pre-trial practices and procedures of indictable-only offences. It covers sending indictable-only cases to the Crown Court under s. 51 Crime and Disorder Act 1998 (CDA 1998); preparing for the preliminary hearing in the Crown Court; preparing for trial on indictment; pre-trial disclosure issues and defence statements; instructing counsel; and pre-trial hearings including the Plea and Trial Preparation Hearing (PTPH).
15. The Burden of Proof
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter explains the rules governing the legal and evidential burdens of proof that decide which party has the responsibility of proving a fact in issue to the court. It then discusses the degree of persuasiveness the evidence must attain to satisfy the appropriate standard of proof including the test for a successful submission of no case to answer and considers the human rights issues in those exceptional situations where the accused has the legal burden of proof. For both the prosecution and the defence, the rules that allocate the burden of proof and the degree of proof are fundamental to the outcome of a case at trial.
17. Corroboration, the ‘Turnbull Guidelines’, and Opinion Evidence
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter considers the nature of corroborative evidence; the situations where corroborative evidence is required as a matter of law; the situations where a corroboration warning might be given as a matter of judicial discretion; and the application of the ‘Turnbull guidelines’ in cases where eye-witness identification is disputed. It also explains the rules relating to opinion evidence and to expert opinion evidence in particular.
18. Hearsay Evidence
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.
21. Sentencing Procedure and the General Principles of Sentencing
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); the importance of the pre—sentence report, personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.
22. Specific Types of Sentence and the Plea in Mitigation
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter explains specific types of sentence and provide guidance on how a defence solicitor might prepare and deliver a plea in mitigation. It discusses when discretionary custodial sentence can be imposed; custody between the ages 18 and 21; length of custodial sentence; suspended sentence of imprisonment; concluding remarks on discretionary custodial sentences; fixed length sentences; sentencing dangerous offenders; community sentences; community sentences under the Criminal Justice Act (CJA) 2003; guilty plea credit and community orders; enforcement of community orders under the CJA 2003 in the event of breach; deferring sentence; fines; compensation orders; conditional discharge; absolute discharge; bind over; ancillary orders; structuring a plea in mitigation; advocacy and the plea in mitigation; and professional conduct.
24. Youth Justice—Introduction
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.
26. Sentencing Young Offenders
Authors: Hannibal Martin , Mountford Lisa
Published: July 2021

This chapter considers the range of disposals available where a young offender admits the offence(s) or a finding of guilt is recorded against him. It discusses the principles which guide the sentencing of youths; the youth court’s sentencing powers; the adult magistrates’ court sentencing powers; the Crown Court’s sentencing powers; and sentencing a ‘dangerous’ young offender.
Civil Litigation
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

Civil Litigation introduces the processes and procedures involved in making and defending civil litigation claims. Following the chronological progression of a civil litigation claim, the volume offers practical guidance on advising clients whilst ensuring that the principles of the Solicitors’ Regulation Authority Handbook, which includes the Codes of Conduct for firms and for solicitors, are followed. This edition includes commentary and detail of the new rules of conduct that were approved by the Legal Services Board in November 2018. A part of the new Handbook (the Handbook) came into force in December 2018—the SRA Transparency Rules—and the remaining sections came into force in April 2019. Diagrams at the beginning of chapters make clear the way in which the litigation procedure works and help with the understanding of the nature of the process as a whole. Examples provide a realistic context for learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. This edition has been revised to reflect the most up-to-date law and practice in all aspects of litigation practice. In addition to the chapters highlighted below, there are additional chapters online on injunctions and other equit-able remedies, a practical guide to court hearings, instructing counsel, and enforcement of judgments.
2. A Modern Litigation Approach
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

This chapter begins with a discussion of civil litigation reform. It focuses on the purpose of civil litigation. The application of the Civil Procedure Rules is detailed. Key features of civil practice in the courts, for example, the computation of time, are discussed. It considers the concept of the overriding objective and human rights and civil litigation.
4. The Nature, Extent, and Recovery of Legal Costs
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

This chapter focuses on the control and recovery of costs. Topics covered include the discretionary nature of costs awards, the general principle that the loser pays, how the court controls costs incurred, the basis upon which costs orders are made. In addition, the aspects of a legal representative’s work that are recoverable and how they are formulated, as well as the different types of costs order, are explained. The chapter also considers and helps to identify the changes or amendments that may be implemented in the future regarding the amount and recovery of costs in civil litigation.
6. The First Client Meeting and Initial Considerations
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

Legal representatives who are new to practice are expected initially to assist in clients’ cases and ultimately to handle their own files. In every new matter for every client, their professional conduct duties, particularly client care issues, should be at the forefront of their mind as a legal representative before proceeding to undertake any work for the client. This chapter focuses on professional conduct issues; client care; money laundering requirements; the first meeting with the client; and initial investigations. The chapter includes details of the Consumer Contracts Regulations 2013 and a range of applicable examples.
8. Pre-Action Protocols
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

This chapter considers Protocol practice in general, the aims of Protocol, the basic content of all Protocols, and the Practice Direction on Pre-Action Conduct (PDPAC). It looks at the consequences of non-compliance with Protocol or the PDPAC. It discusses the occasions on which it may be appropriate to issue proceedings without complying with Protocol practice, and some pre-action applications that may be made under the Civil Procedure Rules. It also provides a more detailed look at two Pre-Action Protocols—the Personal Injury Protocol and the Construction and Engineering Protocol.
10. Defending a Claim
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

This chapter considers the options open to a defendant faced with a claim against him. It covers the emotional responses of the defendant, as well as the defendant’s pre-action position. It discusses the way in which a defendant may fund the litigation. It details the essential steps needed to respond to a claim; the substantive responses to the action; and tactical responses to the claim.
12. Case Management
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs. It explains the ethos of case management, allocation (to track), and case management directions through the tracks. It discusses the ways in which the court will seek to ensure that its orders for the management of a case are complied with.
14. Interim Applications—Common Types
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

This chapter considers the interim applications that a legal representative may most often come across in practice. It looks at the procedure for the specific interim application. Then it discusses the form of the evidence needed to make or oppose it. The interim applications considered here include an application to set aside default judgment; summary judgment; interim payment; an application for specific disclosure; an application for security for costs; and an application for an injunction.
16. Disclosure and Inspection
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

This chapter considers the definition of ‘disclosure’, its purpose, its extent, and the process whereby it is implemented. It also looks at other types of disclosure and the times at which such disclosure may take place—some of which may be before litigation has been commenced. The formal provisions for disclosure are contained in the Civil Procedure Rules 31 and the accompanying Practice Direction. The formal disclosure rules apply to cases in the fast track and the multi-track. They do not automatically apply to the small claims track. Disclosure has been much in the legal press recently, and the new draft disclosure rules are discussed.
17. Witness Statements and Documentary Evidence
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.
19. Trial, Settlement, and Appeals
Authors: Macgregor Lucilla , Peacey Charlotte , Ridsdale Georgina
Published: July 2021

Although a large percentage of civil cases are settled well in advance of trial, it remains important for legal representatives look to the possibility of running a case to trial. This chapter focuses on fast-track and multi-track cases that proceed to trial. It covers professional conduct issues; procedural and administrative preparation for trial; the day of the trial; judgment and appeals. It also discusses settlement without trial.
1. Characteristics of partnerships
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

This chapter discusses the rules for determining whether a partnership has come into existence as well as the formalities with which businesses that will be run through partnerships must comply. It looks at the Partnership Act 1890. It then provides a definition of partnership. Next it considers the nature of partnership and terminology; the number of partners; the capacity to form a partnership; the duration of partnership; and partnership name and the publicity of information.
4. Partnership disputes
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

A decision of the majority of the partners on an ‘ordinary matter’ is binding on the minority. The wishes of the majority prevail over those of the minority who object. However, partnership law provides some machinery for protecting the partner who is aggrieved by what the other partners have done. This chapter considers the remedies available to a partner. These include dissolution of the partnership, appointment of a receiver, arbitration, and expulsion of the partner.
9. Directors and secretary
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

This chapter considers the law relating to company officers. This is a combination of statute, common law, and regulations under a company’s articles of association. The discussions cover the division of powers within a company; appointment of directors, managing directors, alternate directors, and shadow directors; retirement of directors; removal of directors from office; powers of directors; directors’ duties; statutory controls on directors; the directors and protection of outsiders; and the company secretary.
13. Company meetings and resolutions
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

This chapter describes the meetings of shareholders and the resolutions passed during such meetings. It covers the types of general meeting; resolutions; calling a general meeting; notice of meetings; proceedings at meetings; minutes and returns; and written resolutions.
16. Public companies
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

This chapter first discusses the distinguishing features of a public company. It then considers the advantages and disadvantages of obtaining a listing with the United Kingdom Listing Authority (UKLA) and the requirements for seeking and maintaining that listing.
17. Income tax: sole traders and partnerships
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

This chapter considers the taxation of income earned from a trade or profession. It covers the basic system of taxation; taxable profits for business; the basis of assessment; losses under the income tax system; and income tax liability of partnerships.
19. Taxation of directors’ fees and employees’ salaries
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

This chapter considers the taxation treatment of salaries, from the perspectives of both employer and employee. An employer will wish to ensure that any remuneration or reward paid to its employees will entitle it to claim a pre-tax deduction and reduce its taxable profits. The system for taxation of employees’ income is contained in the Income Tax Earnings and Pensions Act (ITEPA) 2003. The taxation of proprietors of a business and IR35 companies is also described.
21. Capital allowances
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

This chapter discusses the capital allowances system. Most businesses will need to acquire fixed assets for their operations, nearly all of which will depreciate in value over time due to wear and tear. While this depreciation may not be deducted from the business’s trading profits, certain limited types of fixed asset entitle a business to claim relief in the form of a capital allowance, which can be deducted when calculating taxable profits. The purpose of this allowance is to give tax relief for the depreciation in value of specific assets bought and owned for business use, by allowing the owner to write off their cost against the taxable income of the business. The amount to be written off is calculated using a fixed formula. Relief is only available if the capital expenditure has been incurred in respect of the items of expenditure prescribed by the Capital Allowances Act 2001.
24. Personal bankruptcy
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

The partner or sole trader may be made bankrupt if his liabilities exceed his assets or if he has insufficient liquid assets to pay his current liabilities, even if the value of his total assets exceeds the value of his total liabilities. The law of bankruptcy is mostly contained in the Enterprise Act (EA) 2002. This chapter discusses the bankruptcy procedure; the trustee in bankruptcy; effect of the bankruptcy order on the bankrupt personally; assets in the bankrupt’s estate; distribution of the bankrupt’s assets; duration of the bankruptcy and discharge of the bankrupt; fast track voluntary arrangement scheme; and individual voluntary arrangement.
28. Limited liability partnerships
Authors: Slorach J. Scott , Ellis Jason
Published: July 2021

This chapter first discusses the key elements of limited liability partnerships (LLPs). It then considers the factors influencing choice of LLP. There are two instances where the question of choosing an LLP arises: as part of a business start-up or where an existing partnership is considering conversion. When considering LLPs, it should always be remembered that their resemblance to traditional partnerships is an exception rather than a rule, and that it is better to think of them as corporate structures.
1. Introduction
Authors: Sime Stuart
Published: July 2021

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.
5. Pre-Action Protocols
Authors: Sime Stuart
Published: July 2021

This chapter discusses the pre-action protocols, which provide guidance on the exchange of information and evidence before proceedings are commenced. It covers the 14 pre-action protocols established by the Ministry of Justice; cases not covered by pre-action protocols; professional negligence pre-action protocol; personal injury protocol; different approaches to the appointment of experts; sanctions for non-compliance with protocols; the Road Traffic Act 1988; agreements with the Motor Insurers’ Bureau; and pre-action Part 36 offers.
6. Issuing and Serving
Authors: Sime Stuart
Published: July 2021

Civil proceedings commence with the issuance of a claim form. Issuing a claim involves the court sealing the claim form with its official seal. This chapter discusses issuing and serving proceedings. It covers the claim form; jurisdictional endorsements; particulars of claim; specialist claims; issuing a claim form; service of the claim form; deemed date of service of the claim form; service of documents other than a claim form; deemed date of service (non-claim form documents); certificate of service; irregular service; and filing of documents at court.
7. Renewal of Process
Authors: Sime Stuart
Published: July 2021

After proceedings commence by issuing a claim form or other originating process, they must be brought to the attention of the defendants or respondents by service. Generally, originating process remains valid for the purpose of service for a period of four months. Service of proceedings marks a watershed in the litigation process. It is at this point that the defendant is put on formal notice that legal proceedings have been brought, and the time limit on service of proceedings is one which is relaxed with extreme caution. This chapter discusses periods of validity; power to renew; claims in respect of cargo carried by sea; multiple defendants; effect of stay; procedure on seeking an extension; and challenging an order granting an extension.
12. Responding to a Claim
Authors: Sime Stuart
Published: July 2021

This chapter discusses the procedure for defendants responding to the claim. A defendant who intends to contest proceedings must respond to the claim by filing an acknowledgment of service and/or by filing a defence. Defended claims become subject to the court’s case management system, with the court making provisional track allocation decisions, followed by the parties filing directions questionnaires. If a defendant fails to make any response to a claim a default judgment is usually entered within a relatively short period after service.
17. Costs Capping and Protection
Authors: Sime Stuart
Published: July 2021

Costs capping orders limit the amount of costs a party may be ordered to pay to its opponent. This chapter will consider the general rules governing costs capping in CPR, Part 3. When it comes into force, there will be a parallel statutory costs capping scheme for judicial review claims in the Criminal Justice and Courts Act 2015, ss 88 and 89. In addition, there are a number of judge-made costs protection orders, namely: Beddoe orders; protective costs orders; Aarhus Convention cases; and costs limitation orders.
21. Limitation
Authors: Sime Stuart
Published: July 2021

This chapter discusses the rules on limitation. The expiry of a limitation period provides a defendant with a complete defence to a claim. Limitation is a procedural defence. It will not be taken by the court of its own motion, but must be specifically set out in the defence. Limitation runs from accrual, which is when all the necessary elements for the cause of action are in existence. Technically, time runs from the day after the accident or breach, and stops running when the claim is brought. This is when the claimant has done everything they can to issue the claim form. Time does not run if the claimant is under disability, and in cases of fraud, mistake, and concealment. In personal injury and latent damage claims time will not start running until the claimant has the requisite ‘knowledge’, and there is a discretion to disapply limitation in personal injury claims.
22. Amendment
Authors: Sime Stuart
Published: July 2021

Changes in the parties’ knowledge of a case as it progresses and straightforward drafting errors make it necessary on occasion to make amendments to the statements of case. This chapter discusses amendment by consent; amendment without permission; principles governing permission to amend; amendment after the expiry of the limitation period; and procedure on amending.
24. Summary Judgment
Authors: Sime Stuart
Published: July 2021

Summary judgment is used where a purported defence can be shown to have no real prospect of success and there is no other compelling reason why the case should be disposed of at trial. The procedure for entering summary judgment is not limited to use by claimants against defendants. Defendants may apply for summary judgment to attack weak claims brought by claimants. This chapter discusses time for applying for summary judgment; defendant’s application for summary judgment; excluded proceedings; orders available; amendment at hearing; other compelling reasons for a trial; directions on summary judgment hearing; and specific performance, rescission, and forfeiture in property cases.
28. Fast Track
Authors: Sime Stuart
Published: July 2021

The fast track provides a ‘no-frills’ procedure for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases. Instead, cases allocated to this track will be progressed to trial within a short timescale after the filing of a defence. The fast track covers the majority of defended claims within the £10,000–£25,000 monetary band. It also deals with non-monetary claims such as injunctions, declarations, and claims for specific performance which are unsuitable for the small claims track and do not require the more complex treatment of the multi-track. This chapter covers directions for cases allocated to the fast track; standard fast track timetable; agreed directions; varying the directions timetable; listing for trial; fast track trial; and costs in fast track cases.