bluuebunny/crossref_metadata_2025 huggingface dataset:
13. Judicial Review—Scope, Procedures, and Remedies
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter addresses issues that must be confronted by litigants who propose to launch judicial review proceedings, and by courts dealing with such claims. First, it considers what sort of decisions can be judicially reviewed. Second, it examines the procedure under which courts subject decisions to judicial review. Third, it looks at the remedies that courts may issue in judicial review proceedings.
14. The Effectiveness and Impact of Judicial Review
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter examines the effectiveness and impact of judicial review in terms of the accessibility of judicial review, the competence and capacity of the courts to review administrative action, and the impact of judicial review on government. Access to judicial review is constrained in various ways. Legal costs, restrictions on legal aid, uneven access to legal advice and services, the variable operation by the court of the permission to proceed requirement, and delays within the court can limit the accessibility and effectiveness of the judicial review procedure.
15. Ombudsmen and Complaints
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter examines systems for handling complaints against public bodies. It focuses particularly upon public sector ombudsmen while locating ombudsmen within the wider complaint-handling landscape. Public sector ombudsmen constitute an important mechanism by which the executive (and other public bodies) can be held to account. The relationship between ombudsmen and other accountability mechanisms, together with questions concerning the legal enforceability of ombudsmen’s findings, raise important issues about legal and political forms of constitutionalism. The multilayered nature of the UK’s constitution post-devolution has resulted in a diversity of ombudsman schemes and poses particular challenges in relation to the rationalisation of ombudsmen in England.
16. Tribunals
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter considers the role and constitutional status of tribunals that determine appeals against initial decisions made by government agencies. It also examines the place of tribunals within the UK’s public law system and the reorganisation of the tribunals into a new, integrated, and unified tribunals system brought about by the Tribunals, Courts and Enforcement Act 2007. An overview of the tribunals system, tribunal procedures, and judicial oversight of tribunal decision-making is also provided.
17. Inquiries
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter, which examines the nature, function, and legal framework of inquiries, also discusses the inquiry process and the effectiveness of inquiries. Inquiries have been widely criticised due to their chequered history—one that has been characterised by lengthy proceedings, high costs, and reports which have sometimes met with public dissension over the correctness of the conclusions reached or indifference from the government. They are also accused of being susceptible to manipulation by the government for its own political ends. Nevertheless, inquiries are an important mechanism for undertaking a detailed investigation into an issue of public concern and for holding government accountable.
8. Discharge of Contract and Contractual Remedies
Authors: Jones Lucy
Published: August 2017

The discharge of a contract means that the obligations of the contract come to an end. When discharge occurs, all duties which arose under the contract are terminated. This chapter discusses the various methods of discharging a contract and the consequences of each. It considers how a contract can be discharged through agreement between the parties; the elements necessary for a contract to be discharged by performance, including the rules relating to partial performance of a contract; and the meaning and effect of the frustration of a contract. The chapter discusses the meaning of breach of contract, both actual breach and anticipatory breach, and its consequences. The remedies for a breach of contract are explored, including the rules relating to remoteness and measure of damages and the difference between liquidated damages and penalties. Equitable remedies of specific performance and injunctions are explained.
9. The Sale of Goods and Supply of Services
Authors: Jones Lucy
Published: August 2017

This chapter discusses the rules relating to agreements for the sale and supply of goods and services. Contracts for the sale of goods and terms implied into business to business contracts by the Sale of Goods Act 1979 are examined. The Consumer Rights Act 2015, introduced to simplify and enhance the position of consumers, is considered. The terms of contracts between traders and consumers for the sale and supply of goods, services, and digital content are discussed together with remedies for breach of contract. Rights to ownership and possession of goods, and when rights may be transferred from a seller to a buyer are explained. General rules on delivery of goods, the duties of a seller and buyer, and the remedies available for breach are discussed. Finally, the terms of business to business contracts for the supply of goods and services, hire of goods, and hire purchase are discussed.
10. The Law of Agency
Authors: Jones Lucy
Published: August 2017

This chapter begins by defining agency—the relationship which exists between the agent and the principal—and considers the legal relationships created between an agent, his principal, and a third party. It then discusses the different methods by which an agency relationship may be created. The chapter explains the extent of an agent’s authority, the power of an agent to bind his principal, and the rights and duties of an agent. The relationship between agent, principal, and third party is explored and the different rules relating to disclosed and undisclosed agencies. Finally, the termination of an agency relationship is considered and examples of different types of agencies highlighted.
12. Product Liability, Defective Premises, Interference with Land, and Defences
Authors: Jones Lucy
Published: August 2017

This chapter discusses the difference between an action for defective products taken in the tort of negligence and an action under the Consumer Protection Act 1987. It considers the elements necessary for a claim under the Consumer Protection Act 1987 and the losses recoverable under the Act. The liability of occupiers to visitors and non-visitors (such as trespassers) under the Occupiers Liability Acts 1957 and 1984 is discussed. The chapter examines the torts of trespass to land; private and public nuisance and liability established by Rylands v Fletcher. The general defences that apply to all torts are considered, namely the defences of contributory negligence, consent, and illegality. The chapter concludes with a discussion of the meaning and extent of vicarious liability, looking at tortious actions committed by employees in the course of their employment.
13. The Contract of Employment and its Termination
Authors: Jones Lucy
Published: August 2017

This chapter discusses the Contract of Employment and its termination. It considers the difference between an employee, an employee shareholder, an independent contractor, and a worker and the tests used to establish their status. It discusses the types of implied terms contained in a contract of employment. The chapter also considers termination of a contract of employment, examining the difference between unfair, constructive, and wrongful dismissal. It looks at claims for unfair dismissal, considering the potentially fair reasons for dismissal, the band of reasonable responses, the automatically unfair reasons for dismissal, and the remedies available where unfair dismissal has occurred. The chapter concludes with a discussion of redundancy.
19. Intellectual Property Law
Authors: Jones Lucy
Published: August 2017

This chapter considers the major intellectual property rights in the UK and the protection the law gives to these rights. It explains the meaning of copyright, patents, trade marks, and design rights and considers the types of works that might be protected by them. It explains whether the rights need to be registered and if so the process of registration. It examines the time limits for the protection of the various rights and the remedies available for infringement of them. It also considers the protection the law gives to intellectual property via the tort of passing off. The chapter concludes with a discussion of the possibilities of protecting intellectual property rights outside the UK.
2. The Legislative Sovereignty of Parliament
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with the doctrine of the legislative sovereignty of Parliament. First, the nature of parliamentary sovereignty is considered. The question of whether Parliament can limit the powers of its successors is then discussed, with the chapter finally considering a range of modern challenges to the sovereignty of Parliament, including EU membership, human rights, the decision of the House of Lords in Jackson (and related subsequent case law), and the European Union Act 2011
8. Devolution
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter focuses on devolution. The nature of the asymmetrical devolution of legislative and executive power to Scotland, Wales, and Northern Ireland is outlined, along with the position in England, with the ongoing change to these arrangements analysed. Some issues related to devolution which have been raised in the UK courts are then considered, with the chapter using a range of examples from across the UK to discuss the extent to which the devolution settlement is dynamic and continuing to change.
1. Introduction: The Shape of Tort Law Today
Authors: Steele Jenny
Published: August 2017

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 introduces the reader to tort law, with emphasis on its principles of liability and the approach taken to the interaction between parties. It first maps the various types of torts, including torts of strict liability and torts requiring intention, and the nature of the ‘wrongs’ with which they are concerned, in terms of protected interests, relevant ‘conduct’, and whether the tort requires ‘actual’ or ‘material’ damage. The chapter concludes by discussing two current challenges to the law of tort: ‘compensation culture’ and the costs of tort, and the influence of the Human Rights Act 1998.
2. Torts of Intention
Authors: Steele Jenny
Published: August 2017

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 deals with ‘intentional torts’ and their considerable variation that affects both the required target of intention (what must be intended?) and the required level of intention (what does it mean to intend something?). It first considers the meaning of intention before breaking down the ‘intentional torts’ into a number of groups, the first of which is trespass to the person and its three elements: battery, assault, and false imprisonment. The action in Wilkinson v Downton is discussed, as interpreted by the Supreme Court in OPO v Rhodes (2015), along with intentional economic torts. The chapter concludes by focusing on torts relating to intentional abuse of process (malicious prosecution) and of power (misfeasance in a public office).
3. Essentials of Negligence: Establishing Liability
Authors: Steele Jenny
Published: August 2017

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 introduces the reader to the key components of the tort of negligence. It begins by considering the fault principle or negligence standard, along with its positive and negative implications. It then discusses the duty of care and its role in limiting the reach of the tort of negligence, negligent omissions, and the connection between breach of duty and damage. Finally, the chapter examines the essential elements of factual and legal causation in relation to the tort of negligence.
6. Duty of Care: Applications
Authors: Steele Jenny
Published: August 2017

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 deals with particular applications of the duty of care concept that determine the boundaries of the tort. Various cases on duty of care are examined in terms of recognized categories relating to negligently inflicted psychiatric damage, ‘pure economic loss’, negligence liability of public authorities, and ‘wrongful birth’ associated with failed sterilization operations. The chapter also considers the assumption of responsibility criterion developed from the case of Hedley Byrne v Heller [1964] AC 465, as well as applications of the ‘Caparo approach’ used in establishing whether a duty is owed. Finally, it looks at emerging organizing concepts which appear to span different categories of case law.
12. Liability For Dangerous Premises
Authors: Steele Jenny
Published: August 2017

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 damage which arises out of dangers encountered on premises. The duties in question are owed to parties who are present on the premises, rather than to neighbouring occupiers or (for example) users of the highway, and governed by two pieces of legislation: the Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984. The discussion begins by considering the criteria used to determine when the occupiers’ liability acts are engaged, whose responsibility is it to guard against the risks, and the duty owed to visitors and non-visitors. The chapter then turns to defences and exclusion of liability.
13. Defamation
Authors: Steele Jenny
Published: August 2017

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 deals with the actions in defamation that protect reputation, paying particular attention to the relationship between the protected interest in reputation and the competing interest in freedom of expression. It first considers relevant provisions in the Defamation Act 2013, including the ‘serious harm’ criterion, before turning to the terms of Article 10 of the European Convention on Human Rights with regard to freedom of expression, with emphasis on the so-called chilling effect. It also discusses libel and slander as well as malicious falsehood, elements of a claim in defamation, defences available to the accused, and the jurisdiction of the courts of England and Wales to hear defamation claims. The chapter concludes by looking at parties who cannot sue in defamation.
17. Trespass to Land and Goods, and Conversion
Authors: Steele Jenny
Published: August 2017

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 considers a range of proprietary torts which protect against trespass to land and goods, as well as conversion which protects against interferences with goods (but not land). It considers the overlap in functions between conversion and property law, particularly in the available remedies such as recovery of the chattel and damages based both on value of the goods (if not recovered) and on consequential loss. The chapter first looks at non-deliberate trespass to land and the remedies available to the claimant. This is followed by a discussion on wrongful interference with goods. The chapter then presents a general definition of conversion and its distinctive features, and what interest in the chattels the claimant must have. Finally, it outlines a number of remedies available to the claimant in the case of conversion. Relevant court cases are cited where appropriate.
4. The classical and positivist traditions
Authors: Jones Stephen
Published: August 2017

This chapter discusses in detail the two major themes in the formation of criminological thinking. The tension between these two traditions has existed since the development of positivism in the nineteenth century, and is still of considerable importance in present-day debates about crime and ‘law and order’. It is common to single out France as typifying all that was bad with the administration of the criminal law in pre-eighteenth-century Europe. France provided an extreme example of what passed as criminal ‘justice’ throughout most of Europe. It was generally believed that crime was the consequence of evil. In some cases, it was assumed that the Devil or demons had taken over individuals and directed them to perform wicked acts. Alternatively, people whose faith in God was weak might have yielded to temptation and made a pact with the Devil.
15. Personality theories
Authors: Jones Stephen
Published: August 2017

This chapter discusses the term ‘personality’, which is used to describe an individual’s temperamental and emotional attributes that are relatively consistent and that will influence behaviour, and considers the extent to which the leading psychological explanations of personality development can be related to criminal behaviour. Psychologists use different classifications—some might include considerations of biological factors or aspects of mental disorder such as psychopathy within the category of personality—and refer to a persistent or stable personality characteristic as a trait. For many years they have devised tests aimed at measuring personality traits in an attempt to test the hypothesis that people who are prone to act in an antisocial way are distinguishable from ‘normal’ people.
Introduction—Criminology: its origins and research methods
Authors: Jones Stephen
Published: August 2017

This chapter discusses the origins of the term ‘criminology’, which emerged at the end of the nineteenth century because a group of theorists laid claim to systematic knowledge as to the nature of criminal behaviour, its causes and solutions. Prior to this, commentaries on crime largely arose out of other enterprises. At the beginning of the nineteenth century, the administration of criminal justice in most European countries had been influenced by the views of several writers whose approach, although differing in certain respects, has come to be referred to as ‘classicism’. The basic view as to the organisation of society adopted by the classicists was influenced by the social contract theories of Hobbes and Rousseau. Individuals agree to join together to form a society, and there is a consensus within the society for the private ownership of property and the protection of its members from harm.
4. Case law
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.
6. Using cases
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter explains how to use cases. It first looks at the ‘anatomy’ of a law report, before considering the means by which the key legal principles can be extracted from the case. Once the legal principles are known it considers the extent to which those principles are binding on other courts via the doctrine of judicial precedent. Finally, it examines the impact of both the Human Rights Act 1998 and EU law on the operation of precedent.
16. Revision and examination skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

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 revisions; reviewing each subject; revision strategies; and issues related to exams.
3. Special duty problems: omissions and acts of third parties
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses the problem of when a duty of care arises in respect of negligent omissions, or for the actions of a third party. The common law takes the view that it would be too great a burden to impose liability upon a person for a mere omission, or for the actions of others. Despite this, duties can in fact be imposed in various ways, all of which focus on the reliance of the claimant upon the defendant. This can come about either by the previous conduct of the defendant, which induces reliance by the claimant that the defendant will continue to act in that way, or by reliance which comes out of a relationship of dependence between the parties. As regards third parties, a duty may arise where the defendant has control over or responsibility for the third party’s actions.
4. Special duty problems: psychiatric harm
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses the ‘special duty issue’ that arises when a person has suffered psychiatric harm as a result of the defendant’s negligence. This issue has an interesting history, for it was thought at first that a claimant could only succeed if he or she was within the range of physical impact. In other words, only the ‘primary’ victim could sue. Liability was later extended to secondary victims; that is, where the claimant was not at risk of physical injury, but saw or heard the accident which caused the shock with his or her own unaided senses.
7. Breach of duty: the standard of care
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

Once it has been established that there is a sufficient relationship between the parties to establish a duty, the question then arises whether the defendant has been in breach of this duty. This involves a number of issues, many of which involve the judgment of the ‘reasonable man’. The defendant’s behaviour must have fallen below the level of the standard of care owed, which defines the level of safety a claimant is entitled to expect.
8. Causation and remoteness of damage
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses the concepts of causation and remoteness of damage. Once it has been shown that a defendant owed the claimant a duty to take care and was in breach of that duty, liability can still be avoided if it can be shown that the breach did not cause the damage, or that the damage was too remote a consequence of the breach. Causation is initially determined on the balance of probabilities—a ‘but for’ test. A causation problem usually occurs when we look at the damage and see that it was actually caused by a number of different factors either combining together to bring about the damage, or each being sufficient in and of itself to have done so but where it cannot be determined which factor actually caused the harm. A remoteness problem can arise in two different situations: where the claimant is a foreseeable claimant and the damage has in fact been caused by the defendant’s act, but where the damage is either unpredictable in extent or unpredictable in nature.
12. Breach of statutory duty
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.
13. Intentional interferences with the person
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter considers intentional interferences with the person, including the so-called trespass to the person torts, the tort in Wilkinson v Downton and the Protection from Harassment Act 1997. Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a claimant’s interest in his person, his land or his goods. It is the right itself which is protected, and not just the freedom from resulting damage, and much of the law of trespass is the basis of civil liberties today. This chapter considers the torts of assault, battery and false imprisonment, together with various defences. The principal use today of these torts relates not so much to recovery of compensation but to the establishment of a right, or a recognition that the defendant acted unlawfully. The chapter then considers the tort in Wilkinson v Downton which provides a remedy in cases of indirect intentional infliction of distress and the statutory tort of harassment (Protection from Harassment Act 1997).
16. Trespass to land and nuisance
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter considers two ‘land torts’: trespass to land and private nuisance. Trespass to land protects a person in possession of land against direct invasion of his property. The right to sue includes not only those with a proprietorial interest in the land, such as owners and tenants, but also those who have exclusive occupation such as squatters. The fact that any invasion of land, however minute and whether it causes damage or not, is a trespass, indicates that the primary function of this tort is to protect rights in property, rather than simply to provide compensation. The chapter continues by distinguishing between public and private nuisance. It then discusses the interests protected in private nuisance; the standard of reasonable user; the person(s) liable for nuisance; remoteness of damage; statutory authority and planning permission; and the effect of the Human Rights Act 1998 on nuisance claims.
17. Actions under Rylands v Fletcher
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter first looks at the idea of there being a form of strict liability for the escape of things brought onto and kept on land, arising from the case of Rylands v Fletcher. It continues by looking at the concept of ‘adopting a nuisance’; that is, allowing a nuisance on land to continue or failing to remove a natural hazard on land that ought to have been removed or been attended to, for example in order to prevent a one-off escape. Cases in this area have led to the existence of a ‘measured duty of care’, seemingly bringing the land torts closer to negligence.
19. Damages for death and personal injuries
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

The law relating to damages for personal injuries is a large and complicated subject. This chapter focuses on what damages are awarded for and how they are calculated. It discusses types of action for damages, calculation of loss of earnings and intangible losses.
Tort Law
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

Tort Law encourages the reader to understand, engage with, and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at duty of care, omissions, acts of third parties, psychiatric harm, economic loss, breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
1. Introduction
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This introductory chapter begins with a definition of tort law. It then discusses the disparate functions of tort law, which are illustrated through the case of Woodroffe-Hedley v Cuthbertson [1997]. Finally, the chapter explains the significance of the Human Rights Act 1998 for tort law.
6. Special duty problems: public bodies
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter explains what happens when a public body owes a private law duty of care to an individual who claims against it in negligence. The discussions cover the general exclusionary rule; the current state of the law; the background to D v East Berkshire; rules for claims brought against the emergency services (including the police) and armed forces; other types of public body; and new types of claims: education-based claims and ‘social’ claims.
11. Occupiers’ liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses occupiers’ liability, which deals with the risks posed, and harms caused, by dangerous places and buildings. In such cases, the occupier of the premises may be liable if they have not taken reasonable care to ensure that those entering their premises are safe. The general principles of negligence have been incorporated into, and modified by, statute in the form of the Occupiers’ Liability Acts 1957 and 1984.
12. Product liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses the ways in which liability for defective products is regulated in tort law. It considers manufacturers’ liability in negligence and the problems claimants may encounter when trying to sue. This leads to a later development relating to product liability—the Consumer Protection Act (CPA) 1987—enacted to ensure better protection of consumers from defective goods by making producers strictly liable for harms caused by the products they market.
19. Actions under the rule of Rylands v Fletcher
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter examines the rule from Rylands v Fletcher [1868]. The rule holds that where there has been an escape of a dangerous thing in the course of a non-natural use of land, the occupier of that land is liable for the damage to another caused as a result of the escape, irrespective of fault. The rule today is best understood through a trilogy of cases: Rylands v Fletcher, Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] and Transco v Stockport Metropolitan Borough Council [2004].
21. Damages for death and personal injuries
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter examines various issues in relation to damages in tort, beginning by looking at the principles that lie behind damages awards. It then discusses the calculation and forms of damage payments, and special and general damages; independent, joint and several concurrent liabilities; time limitations on claims; the problem with damages; and debunking the compensation culture myth.
2. Domestic Sources of Law: Parliamentary Material
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter examines the sources of domestic law. There are two sources of law (primary sources and secondary sources). Primary sources are considered to be those ‘authoritative’ sources that are produced by the legal process itself. Secondary sources are sources that are produced by others and are, in essence, a commentary on the law. Primary sources of law include statutory material and this itself is divided into two types of material: primary legislation (Acts of Parliament) and secondary legislation (Statutory Instruments, Orders in Council, etc). Statutes are Acts of Parliament and are either Public Acts (Acts that are of general application) or Private Acts (which are limited to a certain body). An Act will normally have to pass both the House of Commons and House of Lords and then receive Royal Assent before it becomes an Act of Parliament.
3. Domestic Sources of Law: Case Law
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter continues the discussion of sources of domestic law, focusing on material produced by the courts through cases. It covers the reporting of cases, the hierarchy of courts, legal principles, and the operation of precedent. The courts operate a system of precedent known as stare decisis (‘let the decision stand’). The type of precedent set depends on the court sitting, with the most complicated rules occurring in the Court of Appeal. As a general rule of thumb, the court setting the precedent will bind every court below it but the real question is under what circumstances that court is bound by itself.
6. The Structure of the Courts
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter discusses the organization of the modern court structure and what each court does. The courts in England and Wales (i.e. excluding the Supreme Court which is a UK court) are administered by a single agency, HM Courts and Tribunal Service. The courts of original jurisdiction (i.e. which hear trials of first instance) are ordinarily the magistrates’ court, county court, Crown Court, and High Court although they have now been joined by the Family Court. The Crown Court and High Court have both an original and appellate jurisdiction. The High Court is divided into three divisions (Queen’s Bench Division, Chancery Division, and Family Division) and when two or more judges sit together in the High Court it is known as a Divisional Court. The chapter also briefly describes the Judicial Committee of the Privy Council, Court of Protection, and Coroners’ Courts.
12. Bringing a Prosecution
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter on the criminal justice system focuses on preliminary issues, i.e. some of the issues that take place before trial begins. A prosecution begins at the earliest stage through a defendant being charged by the police but under the authority of the Crown Prosecution Service (CPS). The CPS must then review the decision to prosecute, which requires the CPS to have reference to two prosecution tests (evidential and public interest tests). Crimes are divided into three categories: summary, indictable-only, and either-way. Criminal matters are heard in the magistrates’ court and the Crown Court and the categorization of offences has an impact on where the matter should be heard.
13. Lay Justice
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter focuses on lay justice. The use of laypersons is widespread in criminal trials in England and Wales. Summary trials (i.e. those that take place in the magistrates’ court) often take place before three lay justices of the peace. Whilst Crown Court trials take place before a judge, those who are responsible for making decisions of fact are the jury—twelve laypersons chosen for that case. The chapter presents the different types of lay justice that exist and compares the two forms of lay involvement.
15. The Trials
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter examines the trial process and identifies the differences between summary trials and trials on indictment. It details who is in court, what their role should be, and how they reach their various decisions. The discussions cover the prosecution case, the defence case, closing speeches, judicial summing up, reaching the verdict, and youth trials.
20. The Future
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter makes a number of predictions for the English legal system in the coming years. It examines five main issues: continues membership of the Council of Europe, how devolution could affect the legal system of England and Wales, future directions for legal education, the transformation of the justice system through modernization, and the consequences of the vote to leave the European Union.
2. Legal systems and sources of law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter focuses on the sources of law in England and Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.
3. The court system of England & Wales
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter outlines the court system of England and Wales, first explaining key themes and concepts that are essential for understanding the structure and mechanics of the English courts. It then discusses the criminal courts and civil courts of England and Wales; other courts and forums that have significance in the English legal system, such as the European Court of Human Rights and the European Court of Justice, but are not part of the English court system; and alternatives to litigation (alternative dispute resolution, arbitration, Ombudsmen, and negotiation).
4. Legislation
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter begins by examining the issue of parliamentary sovereignty. It then discusses the types of legislation; the creation and enforcement of statutes; statutory interpretation; and the impact of the incorporation into English law of EU law and the European Convention on Human Rights (ECHR).
9. Problem solving
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter first explains how to deal with problem-solving questions, as traditionally set for students on undergraduate law programmes. This includes consideration of the IRAC model. It then explores some of the practicalities faced by lawyers when problem-solving in practice, such as: 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: advice to the client.
10. Advocacy, mooting, and professional communication
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter focuses on advocacy, mooting, and communication skills. It first explains the term ‘communication skills’ and then discusses their application in presentations, advocacy, mooting, face-to-face communication, and communication by telephone. The section on advocacy skills considers the preparation and use of skeleton arguments and case bundles.
11. Writing and drafting
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter focuses on the development and improvement of writing and drafting skills. The discussions cover writing legal essays; the characteristics of good writing; professional writing; drafting; dictation; and writing and drafting templates.
12. Making yourself more employable
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter focuses on the additional skills needed to embark on a career in practising law. It discusses personal characteristics; team-working; delegation; meetings; client care; networking; marketing; IT skills; and the use of social media. It also considers the meaning of commercial awareness and how this might be explored at interviews.
13. Understanding clients: individuals and businesses
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter uses a client case study to explore life events that will require individuals and businesses to have recourse to the law. It also looks at how both individuals and businesses raise money, showing that there, many reasons why individuals and businesses will have recourse to the law. Often the need for legal services is triggered by some form of important life event, such as moving house, divorce, or setting up a business. All life events will have a legal and financial impact on individuals and businesses. Lawyers need to anticipate their clients’ needs in the light of this.
14. Businesses and the business environment
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter discusses the following: the importance of commercial awareness; the main types of business structure, their organisation, and management; the different markets, sectors, and industries in which businesses operate, and the role of consumers within these markets; supply chains from business to consumer; and the impact of competition within different markets.
16. Law firms as businesses
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter first discusses the business aspect of law firms. Law firms have the same financial motivations and pressures as any other business. They need money (investment) to set up, and then to survive and grow. Law firms need to make a profit, attract clients, and stay ahead of other law firms. They operate within the legal market, producing a product—legal services—the ‘consumers’ of which are the clients. The chapter considers who those clients are, and why they chose a particular firm.
17. CVs, applications, and interviews
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter covers the graduate careers employability process, looking at CVs, application forms and interviews. Considering law firm and other graduate employers, it suggests ways of ensuring that applications and CVs best show a candidate’s knowledge, skills and commercial awareness. It also provides guidance on approaching interviews and related selection activities, such as presentations, group work and psychometric tests.
4. Supervisory agencies
Authors: Lloyd Ian J.
Published: August 2017

This chapter first describes the establishment of supervisory agencies for data protection in EU States. It then turns to data protection in the United Kingdom, covering the creation of the Information Commissioner and Information Tribunal under the Data Protection Act 1998; the establishment and maintenance of the Data Protection Register and the obligations imposed on data controllers to register details of their activities; and the investigative and enforcement powers conferred on the Commissioner.
6. Individual rights and remedies
Authors: Lloyd Ian J.
Published: August 2017

This chapter examines the rights that are specifically conferred upon data subjects and to the remedies which may be available in the event of any breach. The Data Protection Act 1998 provides in the sixth data protection principle that ‘Personal data shall be processed in accordance with the rights of data subjects under this Act’. Part II of the Act is entitled ‘Rights of Data Subjects and Others’ and provides for rights of access, the right to receive certain items of information, and rights either total or qualified to object to certain forms of processing of their personal data.
17. Enforcement issues
Authors: Lloyd Ian J.
Published: August 2017

This chapter considers two main topics. It first examines the provisions of the EU’s Copyright in the Information Society Directive, which sets out to amend some provisions of copyright law better to fit the realities of an online world. It then looks at some of the issues associated with enforcement of copyright, considering the extent to which intermediaries such as Internet Service Providers (ISPs) might be held liable for infringing acts committed by their users. Attention is increasingly paid to the possibility that rights owners might proceed against users whose actions infringe their rights. In many cases this will require the cooperation of ISPs and a major component of the Digital Economy Act 2010 is concerned with the manner in which this process might be managed.
18. Protection of databases
Authors: Lloyd Ian J.
Published: August 2017

Database protection in Europe took the form of the EC Directive of 11 March 1996 on The Legal Protection of Databases which was implemented in the United Kingdom by the Copyright and Rights in Databases Regulations 1997. The Database Directive creates a new form of intellectual property right—the database right. This chapter discusses the scope and extent of the Directive.
22. International and European initiatives in e-commerce
Authors: Lloyd Ian J.
Published: August 2017

This chapter discusses activities in the area of e-commerce. These include international initiatives; key legal instruments (Distance Selling Directive, and Electronic Commerce Directive and Regulations); defences provided to information service providers; and alternative dispute resolution.
24. Contractual liability for defective software
Authors: Lloyd Ian J.
Published: August 2017

This chapter begins with a discussion of the nature of software defects. It then covers the legal status of software and software contracts; implied terms in software contracts; remedies for breach of the implied terms; the approach adopted by the courts in the limited number of cases which have reached the High Court or Court of Appeal; exclusion or limitation of liability; and the enforceability of shrink-wrap licences.
A Practical Approach to Conveyancing
Authors: Abbey Robert , Richards Mark
Published: August 2017

A Practical Approach to Conveyancing takes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This nineteenth edition has been fully updated with recent developments in the area, including coverage of the Land Transaction Tax, developments affecting ‘Help to buy’ shared ownership schemes, the facilitation of e-conveyancing as part of the 2003 Land Registration Rules, and proposed changes to the Land Registration Act 2002 currently under review by the Law Commission.