bluuebunny/crossref_metadata_2025 huggingface dataset:
Elitestone v Morris [1997] 1 WLR 687, House of Lords
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Elitestone v Morris [1997] 1 WLR 687, House of Lords. The document also includes supporting commentary from author Aruna Nair.
JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Midland Bank Trust Co. Ltd v Green [1981] AC 513, House of Lords
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Midland Bank Trust Co. Ltd v Green [1981] AC 513, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Prudential Assurance Co. Ltd v London Residuary Body [1992] 2 AC 386, House of Lords
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Prudential Assurance Co. Ltd v London Residuary Body [1992] 2 AC 386, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Rhone v Stephens [1994] 2 AC 310, House of Lords
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rhone v Stephens [1994] 2 AC 310, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Royal Bank of Scotland plc v Etridge (No. 2) [2001] UKHL 44, House of Lords
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Bank of Scotland plc v Etridge (No. 2) [2001] UKHL 44, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Southern Pacific Mortgages v Scott [2014] UKSC 52, Supreme Court
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Southern Pacific Mortgages v Scott [2014] UKSC 52, Supreme Court. The document also includes supporting commentary from author Aruna Nair.
R v Barnes [2004] EWCA Crim 3246, Court of Appeal
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Barnes [2004] EWCA Crim 3246, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Brown [1994] 1 AC 212, House of Lords
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Brown [1994] 1 AC 212, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Woollin [1999] 1 AC 82, House of Lords
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Woollin [1999] 1 AC 82, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Complete Equity and Trusts
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.

This book deals with the emergence of equity and how it differs from the common law. The trust concept is explained and the different types of trust that exist outlined. These include resulting, constructive, and charitable trusts. Trusts must obey certain basic rules such as legal formalities and the three certainties of intention, subject matter, and the need for a beneficiary. There are exceptions to these strict rules, such as proprietary estoppel and certain gifts made upon death, for example secret trusts and donatio mortis causa. The office of trustee is considered, including the methods of appointment; their powers of maintenance, advancement, variation, and investment; and the fiduciary nature of their office. Equitable remedies, such as injunctions, specific performance, and tracing are included. The use of constructive trusts in cohabitation disputes is analysed.
Understanding Jurisprudence
Authors: Wacks Raymond
Published: August 2018

With a clear, engaging, and informal style, Understanding Jurisprudence is the perfect guide for students new to legal theory looking for a handy and stimulating starting point to this sometimes daunting subject. Key theories and theorists are introduced in a compact and practicable format, offering an accessible account of the central ideas without oversimplification. Further reading suggestions are included throughout, helping students to structure their research and navigate the jurisprudence’s extensive literature. Critical questions are also included in each chapter, to encourage students to think analytically about the law and legal theory, and the numerous debates that it generates. The author is an experienced teacher of jurisprudence and excels at providing a concise, student-friendly introduction to the subject, without avoiding the subtleties of this absorbing discipline. New to this, the book’s fifth edition, are: the most recent scholarship in several areas, including the social and political developments that have influenced the law and legal theory; expanded chapters on natural law, legal positivism, rights, and theories of justice; revised discussions of virtue ethics, human and animal rights, the economic analysis of law, and feminist theories; and updated suggested further reading lists and questions at the end of each chapter.
O'Sullivan & Hilliard's The Law of Contract
Authors: O'Sullivan Janet
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The Law of Contract provides a concise overview of the fundamentals of contract law and its underlying rationales. It also introduces and explores the main academic debates within the subject, encouraging readers to reflect on the law and, where it is controversial, to form their own views on whether the rules that contract law adopts are justifiable.
5. Parliament
Authors: Parpworth Neil
Published: August 2018

This chapter focuses on the two chambers of Parliament. It discusses the composition of the House of Commons; officers of the House of Commons; the life of Parliament; House of Commons sittings; and the committee system. The electoral franchise is discussed. Attention is focused on the important issues of electoral reform and reform of the House of Lords. The chapter concludes by considering the meaning of parliamentary privilege.
7. The structure of the United Kingdom and devolution
Authors: Parpworth Neil
Published: August 2018

This chapter discusses the structure and devolution of the UK. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to the creation of the UK, i.e. the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the ‘English Question’ and the agreements between the UK Government and the devolved administrations in Scotland, Wales, and Northern Ireland.
11. Judge-made law
Authors: Parpworth Neil
Published: August 2018

This chapter considers a further source of the UK constitution: the law made by the judicial branch of government as a result of the cases heard by the courts. Today it is widely accepted that judge-made law is a reality. It takes two main forms: the development of the common law; or the interpretation of statutes. The two main approaches of the courts to interpretation of Acts of Parliament—the literal approach and the purposive approach—are discussed. The interpretative obligation imposed on the courts by s 3 of the Human Rights Act 1998 is also reviewed.
5. Duty of care IV: public authorities
Authors: Witting Christian
Published: August 2018

This chapter considers the liability in negligence of public authorities. It commences by examining typical features of public authorities, including their statutory and public dimensions. It then considers the tests that courts have used to determine whether they can accept jurisdiction to hear a case involving a public authority. Finally, the chapter turns to the application of the three-stage test for duty in cases of public authorities, paying special attention to policy reasons for excluding duties of care.
7. Causation and remoteness
Authors: Witting Christian
Published: August 2018

This chapter examines the issues of causation and remoteness in negligence. It considers causation in fact, causation in law, and remoteness of damage. We find that courts have developed several important exceptions to the ordinary but-for test of causation, including the Fairchild principle. Legal causation is tested by looking for unexpected events called novi actus intervenientes. Remoteness is an issue of foreseeability of damage.
8. Defences to negligence
Authors: Witting Christian
Published: August 2018

This chapter examines several defences in negligence cases, including contributory negligence, voluntary assumption of risk, express exclusion or limitation of liability, and illegality. This chapter explains that the plea of voluntary assumption of risk and the defences of express exclusion of liability and illegality can help the defendant reduce liability or avoid liability altogether. It notes that contributory negligence is by far the most important of these defences in practical terms.
13. Defences to intentional torts against the person or property
Authors: Witting Christian
Published: August 2018

This chapter examines the types of defence that can be used against intentional torts against property or person. It explains that defences to these torts can be placed within a threefold system. The first category consists of absent element defences, the second comprises justification defences, and the third contains public policy defences.
16. Product liability
Authors: Witting Christian
Published: August 2018

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in Donoghue v Stevenson. The chapter discusses the limitations of the tort of negligence and suggests that claimants should bring their actions for defective products under the Consumer Protection Act 1987 because it does not require proof of fault.
25. Capacity and parties
Authors: Witting Christian
Published: August 2018

This chapter examines the issues of capacity and parties in tort law. It explains that capacity refers to the status of legal persons and their ability to sue or be sued in tort and that a claimant’s injury might be caused by more than one person. This chapter also mentions that any person successfully sued in tort can seek contribution from other joint or concurrent tortfeasors and this can be done in the course of the original action commenced by the claimant, or in separate proceedings between tortfeasors.
26. Remedies
Authors: Witting Christian
Published: August 2018

This chapter examines the basic principles of remedies for tort claims. The judicial remedies include damages and injunctions. This chapter discusses principles concerning the award of the different types of damages, which include nominal damages, aggravated damages, exemplary damages, and contemptuous damages. Special reference is made to the application of the principles in cases of death and personal injury.
Criminal Law
Authors: Herring Jonathan
Published: August 2018

This edition of Criminal Law: Text, Cases, and Materials offers an exceptional depth of analysis and a wealth of cases and materials all set within the theoretical context of criminal law. The two-part structure of each chapter in the book—the first part explaining the law as it is, the second examining the theoretical aspects—ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. The book looks at actus reus and mens rea, and strict liability, and also examines homicide, non-fatal non-sexual offences, sexual offences, theft, handling, robbery, and fraud. It further analyses issues relating to burglary and blackmail, criminal damages, and defences, and finally, considers criminal liability of corporations, inchoate offences, and complicity.
4. Strict Liability
Authors: Herring Jonathan
Published: August 2018

A strict liability offence is one where it is not necessary to prove any mental state of the defendant. All that needs to be shown is that the defendant caused a particular result or carried out a particular act. This chapter discusses the offences that are strict liability; when a court will not presume mens rea; what mens rea will be presumed; the Human Rights Act 1998 and strict liability offences; common law defences and strict liability offences; possession offences; and the arguments for and against strict liability.
2. Actus reus
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the actus reus elements of a criminal offence. The actus reus of an offence may involve an act or omission (conduct crimes); certain consequences being caused (result crimes); or the existence of surrounding circumstances (‘state of affairs’ crimes); it must be voluntarily performed. There is generally no liability for an omission to act. There are five exceptions: special relationship; voluntary assumption of responsibility; supervening fault; contractual duty or public office; and statutory duty. Where the defendant is charged with a ‘result’ crime, the prosecution must prove causation. An intervening event will break the chain of causation and the actus reus will not be established.
13. Defences I: incapacity and negating the elements of the offence
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the following general defences: infancy, insanity, automatism, intoxication (involuntary and voluntary), and mistake. Children under 10 are conclusively presumed incapable of committing a criminal offence. Insanity (insane automatism) is concerned with the defendant’s mental condition at the time of the offence. Automatism is available where the defendant suffers a total loss of control or is unaware of what he is doing. Involuntary intoxication may be a defence to any offence if the defendant does not have the mens rea for that offence. Voluntary intoxication is no defence to a basic intent offence. A mistake as to civil law may negate the mens rea of an offence.
8. The constitution of the company: dealing with insiders
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the constitution of the company, with emphasis on the articles of association. It first outlines the operation of the memorandum and the articles before turning to the law surrounding the contract of membership under s 33 of the Companies Act 2006. It then considers some elements of corporate theory in relation to the articles of association, contract between the company and the members, contract between the members, the question of who is entitled to sue to enforce the s 33 contract, and the issue of outsider rights with respect to the s 33 contract. The chapter also looks at the reforms proposed by the Company Law Review Steering Group for the Companies Act 2006 and concludes by analysing the effects of shareholder agreements on the statutory obligation of the company.
10. Derivative claims
Authors: Dignam Alan , Lowry John
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.
1. Introduction
Authors: Keane Adrian , McKeown Paul
Published: August 2018

Evidence is information by which facts tend to be proved, and the law of evidence is that body of law and discretion regulating the means by which facts may be proved in both courts of law and tribunals and arbitrations in which the strict rules of evidence apply. This introductory chapter discusses truth and the fact-finding process and explains how getting to the truth in court is hampered by practical constraints, the adversarial system, the rules of evidence themselves, and the fact that litigation is a human endeavour that necessarily provides scope for differences of opinion, error, deceit, and lies. The chapter also contains a brief history of the development of the law to date.
2. Preliminaries
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the following: (i) facts that are open to proof or disproof in English courts of law: facts in issue, relevant facts, and collateral facts; (ii) the varieties of evidence: testimony, hearsay evidence, documentary evidence, real evidence, circumstantial evidence (including motive, plans and preparatory acts, capacity, opportunity, identity, continuance, failure to give evidence or call witnesses, failure to provide samples, lies and standards of comparison), and conclusive evidence; (iii) the concepts of relevance and admissibility; (iv) the weight of evidence; (v) the functions of the judge and jury; (vi) judicial discretion to admit or exclude evidence; and (vii) proof of birth, death, age, convictions, and acquittals.
7. Cross-examination and re-examination
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter first discusses cross-examination, the questioning of a witness immediately after his examination-in-chief by the legal representative of the opponent of the party calling him, or by the opposing party in person, and by the legal representative of any other party to the proceedings or by any other party in person. The object of cross-examination is to elicit evidence which supports the cross-examining party’s version of the facts in issue and to cast doubt upon the witness’s evidence-in-chief. It then turns to re-examination, where a witness who has been cross-examined may be re-examined by the party who called him. The object of re-examination is to repair damage that has been done by cross-examination.
18. Evidence of character: evidence of bad character in criminal cases
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the admissibility of evidence of bad character in criminal cases under the Criminal Justice Act 2003, namely: the admissibility of the bad character of a person other than the defendant and the requirement of leave; the admissibility of evidence of the bad character of the defendant under various statutory ‘gateways’, including the gateway by which evidence may be admitted if it is relevant to an important matter in issue between the defendant and the prosecution; and safeguards including the discretion to exclude evidence of bad character and the judge’s power to stop a case where the evidence is contaminated. Procedural rules are also considered, as is the defendant’s right to challenge evidence of bad character.
22. Judgments as evidence of the facts upon which they were based
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter examines the circumstances in which a judgment in a civil case or a verdict in a criminal case is admissible in subsequent proceedings as evidence of the facts on which it was based. It analyses the rule in Hollington v Hewthorn & Co Ltd, which has been widely criticized, that judgments are not admissible as evidence of the facts on which they are based. Its effect, in both civil and criminal proceedings, has been largely removed by the Civil Evidence Act 1968 and the Police and Criminal Evidence Act 1984 respectively. Concerning civil proceedings, consideration is given to previous convictions generally, previous convictions in defamation proceedings, previous findings of adultery and paternity, previous acquittals, and other previous findings. Concerning criminal proceedings, consideration is given to previous convictions of the accused, previous convictions of persons other than the accused, and previous acquittals.
23. Proof of facts without evidence
Authors: Keane Adrian , McKeown Paul
Published: August 2018

Facts in issue and relevant facts are treated as established by the courts only insofar as they are proved by evidence. This chapter discusses three exceptions to this general rule: (i) some facts may be presumed in a party’s favour in the absence of proof or complete proof, including marriage, legitimacy, death, the regular and proper performance of public or official acts, sanity and negligence; (ii) a fact will be treated as established where the court takes judicial notice of it either (a) without enquiry, in the case of facts that are beyond serious dispute, notorious or of common knowledge or (b) after enquiry (usually political facts, customs, professional practices and historical and geographical facts); and (iii) a fact ceases to be in issue when a party has formally admitted it.
2. Sources and Institutions of Employment Law
Authors: Cabrelli David
Published: August 2018

This chapter examines the principal sources and institutions of labour law in the UK. It discusses the relationship between the common law and employment protection legislation; the significance of Codes of Practice; the importance and extent of EU competence in the field of social policy and the potential impact of Brexit; informal sources of regulation and the institutional framework of employment law. The institutions that provide support for employment law are then considered, including the employment tribunals and the courts, and bodies such as the EHRC and ACAS. The chapter goes on to discuss the importance of EU law and human rights regulation to the discipline of labour law and also the influence of international labour standards.
8. Pay and Working Time
Authors: Cabrelli David
Published: August 2018

This chapter examines the statutory regulation of the wage–work bargain and the working conditions of ‘employees’ and ‘workers’, analysing their historical background and the justifications for their introduction. It covers the rights conferred on employees and workers under the National Minimum Wage Act 1998 and the Working Time Regulations 1998, including working time rights and the right to annual leave. Both laws have the capacity to over-ride the mutually agreed contractual arrangements struck by the parties. The chapter also addresses the provisions of the Employment Rights Act 1996 relating to wages (e.g. the statutory right not to suffer unauthorized deductions from wages, and the right to a guarantee payment).
14. Equal Pay Law
Authors: Cabrelli David
Published: August 2018

This chapter examines the principle of equal pay for equal work enshrined in the Equality Act 2010 (EA). It first considers the stubbornness of the gender pay gap in the UK and the EU, as well as the justifications for intervention in the labour market via the auspices of equal pay laws. It goes on to discuss the legal machinery in the EA, which confers an entitlement on employees of one sex to the same remuneration as suitable employee comparators of the opposite sex. The focus then turns to the content of the ‘sex equality clause’—a term imposed into every employee’s contract of employment by virtue of section 66 of the EA. This is followed by a discussion of the material factor defence for employers in section 69 of the EA.
13. Continuous Employment
Authors: Emir Astra
Published: August 2018

The statutory provisions for continuity of employment are contained in ss 210–219 of the Employment Rights Act 1996 and the Employment Protection (Continuity of Employment) Regulations 1996. Continuity of employment is a statutory concept generally used, first, to determine whether an employee has been employed for a particular length of time so as to qualify for a specific statutory right, and, second, to ascertain the employee’s length of employment for the purpose of obtaining certain financial benefits award and a redundancy payment. This chapter discusses provisions for counting and computing continuity (ERA, ss 210–219) 362); preserving continuity (s 212); weeks which do not count towards continuity (ss 215–217); change of employer (s 218); and effect of the continuity rules.
18. Redundancy
Authors: Emir Astra
Published: August 2018

The Redundancy Payments Act 1965 was enacted to compensate a long-serving employee for the loss of a right which he has in a job. The Act has been repealed and replaced by corresponding provisions in the Employment Rights Act 1996. This chapter discusses provisions of the Employment Rights Act 1996. It looks at what is a dismissal, transferred redundancies, presumption of redundancy, and offers of alternative employment. Considered are whether redundancy dismissals are fair or unfair; excluded classes of employees; claims for redundancy payments; payments by the Secretary of State; consultation on redundancies; the meaning of the term ‘establishment’; the consultation provisions of the legislation; and notification of mass redundancies to the minister.
Mayson, French & Ryan on Company Law
Authors: French Derek
Published: August 2018

Mayson, French & Ryan on Company Law looks at all aspects of current UK company law. The 35th edition continues the tradition of providing accurate technical detail, examination of theory and quotations from key cases. The volume starts with an overview of the topic. Next it looks at the establishment of companies. It moves on to consider finance which includes an examination of shares, accounts, loans, market abuse, capital and borrowing. The next part of the text considers governance. It looks at shareholders, directors, duties of directors, company secretaries and auditors, remedies and acting for a company. The last part of the text examines insolvency and liquidation.
4. Articles of Association
Authors: French Derek
Published: August 2018

This chapter deals with articles of association, the principal element of a company’s constitution, under the Companies Act 2006. It describes the content of the articles, model articles of association which can be adopted by limited companies (either in whole or in part) on registration, and the function of articles as a contract between the company and its members and between the members themselves. It also considers provisions of articles that may be incorporated in other contracts and the right of members of a company to amend its articles. The chapter discusses a number of particularly significant court cases, including Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656 and Quin and Axtens Ltd v Salmon [1909] AC 442.
5. Corporate personality
Authors: French Derek
Published: August 2018

This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the House of Lords affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In addition, the chapter examines the process known as ‘piercing the corporate veil’ in relation to the evasion principle; how an artificial entity can have legal personality; and a number of particularly significant court cases. Finally, it looks at corporate law theory and considers whether companies are grammatically singular or plural.
7. Offering shares to the public
Authors: French Derek
Published: August 2018

This chapter focuses on public offering of shares as a source of finance for companies, with emphasis on the legal requirements to provide the necessary information to prospective investors. It also considers the importance of a marketplace for selling shares at the best possible price, as well as the regulation of the financial services industry by the Financial Services and Markets Act 2000. In addition, it discusses two controls on share offers to the public under the Companies Act 2006 with respect to payment of underwriting commission and repayment of subscribers’ money if a share offer is not completely successful. The chapter examines the regulatory regimes for securities markets, some of the main reasons or advantages for going public, the prospectus requirement and any exemptions to it and how the law deals with misleading statements and omissions in prospectuses.
14. Members
Authors: French Derek
Published: August 2018

This chapter focuses on the members or shareholders of a company and the way in which they take decisions on the company’s affairs by written resolution using a statutory procedure. It begins by considering the rules which determine who is a member of a company and the information on the members which a company must record. It then describes the mandatory rules of company law that allow members to participate in decision-making with regards to a company’s affairs; members’ class rights and the alteration of such rights; and the definitions of holding company, subsidiary and wholly owned subsidiary. Relevant provisions of the Companies Act 2006 governing written resolutions of private companies, meetings and annual general meetings, voting, adjournment of meetings and authorisation of political donations by companies are also discussed. The chapter analyses a number of particularly significant cases.
15. Directors
Authors: French Derek
Published: August 2018

This chapter explores the role of directors in corporate governance, beginning with a discussion of the principles of corporate governance as set out in the UK Corporate Governance Code. Rules on appointment and removal of a company’s directors are considered next, followed by public disclosure of the names of directors and their work as a board, their remuneration and their powers of management. The chapter also considers the legal categorisation of directors, whether as fiduciaries, agents or trustees; the distinction between executive directors and non-executive directors; the relationship between directors and shareholders of public companies; the issue of the separation of ownership and the control of a company; transparency; and general legal principles regarding the board of directors. Relevant legislation such as the Companies Act 2006 and the UK Corporate Governance Code, as well as particularly significant court cases, are mentioned.
16. Directors’ duties
Authors: French Derek
Published: August 2018

This chapter deals with the seven general duties of directors as spelled out in the Companies Act 2006: duty to act within powers; duty to promote the success of the company; duty to exercise independent judgement; duty to exercise reasonable care, skill and diligence; duty to avoid conflicts of interest; duty not to accept benefits from third parties; and duty to declare interest in proposed transaction or arrangement. After providing a background on the codification of directors’ general duties, the chapter turns to the fiduciary duty of directors, including shadow and de facto directors. It also examines statutory requirements involving property transactions; loans, quasi-loans and credit transactions; associated companies and persons ‘connected’ with a director; equitable remedies for breach of duty; the ways in which directors can be relieved of liability; and secondary liability with regards to property.
EU Law Directions
Authors: Foster Nigel
Published: August 2018

EU Law Directions explains the key topics and developments in this fast-paced and increasingly important subject area. Based on 35 years’ experience teaching and examining European Union (EU) law, this book provides a student-friendly text which is readable without compromising on academic quality. The text is easy to follow, with useful features throughout such as case summaries, key definitions, and diagrams. Cross-references and end-of-chapter summaries demonstrate how topics link together and enable students to quickly build up a comprehensive understanding of EU law. The text is clearly broken down into logical sections, guiding students through institutional, procedural, and substantive law from a European perspective, as well as taking into account the fast-moving events in the UK generated by the result of the Brexit referendum. A clear and uncomplicated writing style ensures students new to EU law quickly grasp the central elements of the subject. This book has been fully revised in this new edition to take account of new legislative and case law developments, in particular relating to the free movement of persons and equality law. This new edition includes a full consideration of the impact of the Lisbon Treaty, including changes to Article 263 TFEU; consideration of the latest case law, in particular the growing post-Keck cases in the free movement of goods; and new and expanded case summaries. This edition also includes an introductory chapter on competition policy and law.
9. Personal Injury Claims under £25,000
Authors: Sime Stuart
Published: August 2018

Out of the estimated 950,000 personal injuries claims each year in the UK, about 750,000 cases arise from road traffic accidents (RTAs), 90,000 are employers’ liability cases (EL), and 100,000 are public liability cases (PL). About 90% of these are cases where the damages are estimated at between £1,000 and £25,000. This chapter discusses cases covered by the RTA and EL/PL protocols; the provisions of the RTA protocol; the process under the RTA protocol: claim notification, medical evidence and negotiation, and Part 8 claim to determine quantum; child settlement applications; fixed costs under the RTA and EL/PL protocols; and cases where parties can stop following the RTA or EL/PL protocols.
12. Responding to a Claim
Authors: Sime Stuart
Published: August 2018

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.
13. Default Judgment
Authors: Sime Stuart
Published: August 2018

Judgment in default may be entered where the defendant fails to defend a claim. It produces a judgment in favour of a claimant without holding a trial. This chapter discusses when default judgment may be entered; cases excluded from judgment in default; entering default judgment; final judgment and judgment for an amount to be decided; deciding the amount of damages; setting aside default judgments; and stay of undefended cases.
19. Parties and Joinder
Authors: Sime Stuart
Published: August 2018

This chapter first looks at the rules relating to different classes of party and then considers the rules governing multi-party litigation. Topics discussed include description of parties; particular classes of party; vexatious litigants; joinder; representative proceedings; representation of unascertained persons; intervention; consolidation; stakeholder claims; assignment; and group litigation.
21. Limitation
Authors: Sime Stuart
Published: August 2018

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.
24. Summary Judgment
Authors: Sime Stuart
Published: August 2018

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: August 2018

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 to £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.
30. Striking Out, Discontinuance, and Stays
Authors: Sime Stuart
Published: August 2018

This chapter discusses striking-out orders, discontinuance, and stays in civil proceedings. Rule 3.4(2) of the Civil Procedure Rules 1998 (CPR) allows the court to strike out a statement of case if it appears to the court: that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or that there has been a failure to comply with a rule, practice direction, or court order. A party who realizes their case is doomed is often best advised to discontinue to prevent the accumulation of further costs, but often has to pay the costs of the other parties to date. Stays are temporary halts in proceedings, and can be granted for a range of reasons. A stay is normally lifted once the reason no longer applies.
31. Disclosure
Authors: Sime Stuart
Published: August 2018

The Civil Procedure Rules 1998 (CPR) require the parties to give advance notice to their opponents of all the material documentation in their control. This is done in two stages. At the first stage the parties send each other lists of documents, a process called ‘disclosure’. The second stage is ‘inspection’, which is the process by which the other side can request copies of documents appearing in the list of documents, typically with photocopies being provided by the disclosing party. This chapter discusses these processes. It covers lawyers’ and clients’ responsibilities; the stage when disclosure takes place; disclosure orders; standard disclosure; menu option disclosure; duty to search; list of documents; privilege; inspection; orders in support of disclosure; documents referred to in statements of case, etc.; admission of authenticity; and collateral use.
39. Trial
Authors: Sime Stuart
Published: August 2018

This chapter discusses the issues that need to be addressed in the period leading up to a trial. These include contacting witnesses to ensure their availability; obtaining witness summonses where appropriate; briefing trial counsel; agreeing and compiling trial bundles; and counsel preparing speeches, examination-in-chief, and cross-examination of witnesses.
41. Judgments and Orders
Authors: Sime Stuart
Published: August 2018

This chapter discusses the rules on judgments and orders. Although there is likely to be a delay between judgment being pronounced and the judgment being sealed and served, r 40.7(1) of the Civil Procedure Rules 1998 (CPR) provides that judgment in fact takes effect from the day it was given. After a judgment or order has been pronounced by the court, the next step is to have it drawn up. This chapter discusses settlements; orders made at hearings; form of judgments and orders; general rules relating to drawing up orders and judgments; and register of judgments.
42. Interim Injunctions
Authors: Sime Stuart
Published: August 2018

This chapter discusses the rules on interim injunctions. Interim injunctions are temporary orders made with the purpose of regulating the position between the parties to an action pending trial. Such an order is particularly useful where there is evidence that the respondent’s alleged wrongdoing will cause irreparable damage to the applicant’s interests in the period between issue of process and trial. The chapter covers judges able to grant injunctions; pre-action applications for interim injunctions; applications during proceedings; principles for the granting of interim injunctions; defences and bars to relief that may be raised on an application for an interim injunction; interim injunction orders; and effect of not applying for interim relief.
47. Qualified One-Way Costs Shifting
Authors: Sime Stuart
Published: August 2018

Qualified one-way costs shifting (QOCS) provides costs protection to claimants in personal injuries claims. If the claimant wins, the defendant should be ordered to pay the claimant’s costs in the usual way. However, if the claimant loses, under QOCS while the claimant remains liable to pay its own lawyers’ costs, and may be ordered to pay the successful defendant’s costs, the claimant will be protected against actually having to pay those costs to the defendant. This chapter discusses cases where QOCS applies; the effects of QOCS; and loss of QOCS protection.
Differential and interacting effects of age and sleep restriction on daytime sleepiness and vigilance in adolescence: a longitudinal study
Authors: Campbell Ian G , Van Dongen Hans P A , Gainer Marcus , Karmouta Emmad , Feinberg Irwin
Published: August 2018

Study Objectives

There is contradictory evidence on whether sleep need decreases across adolescence. We investigated this question longitudinally with a dose-response design to test the effects of varied sleep durations on daytime sleepiness and on vigilance and to test whether these relations change with age across early and mid-adolescence.

Methods

Data from 76 participants who completed at least 2 years of the 3-year study are included in this report. Annually, participants ranging in age from 9.8 to 16.2 years completed three different time in bed (TIB) schedules each consisting of four consecutive nights of 7, 8.5, or 10 hours. Daytime sleepiness (multiple sleep latency test [MSLT]) and vigilance (psychomotor vigilance test [PVT]) were measured on the day following the fourth night of each TIB schedule.

Results

Electroencephalogram (EEG)-measured sleep durations changed linearly with TIB. MSLT-measured daytime sleepiness decreased with longer TIB and increased with age. The TIB and age effects interacted such that the TIB effect decreased with age. PVT performance improved with longer TIB and improved with age, but the benefit that increased TIB conferred on PVT performance did not change with age.

Conclusions

These results seem paradoxical because daytime sleepiness increased but vigilance improved with age. The significant age effect on the relation between TIB and sleepiness compared to the lack of an age effect on the relation between TIB and vigilance performance suggests different rates of maturation in underlying brain systems. We interpret these findings in relation to our model of adolescent brain development driven by synaptic elimination.
Systematic Approach to the Radiographic Interpretation of the Elbow to Avoid Common Diagnostic Errors Through a Checklist Approach
Authors: Minor Matthew , Bui-Mansfield Liem T.
Published: August 2018

In the setting of elbow trauma or pain, radiography is the initial imaging modality of choice. Subtle but clinically important abnormalities can be overlooked easily on standard radiographic views of the elbow as a result of overlapping osseous anatomy; and delayed diagnosis can result in early onset osteoarthrosis, chronic decreased mobility, and instability. Therefore, it is essential for radiologists to be proficient at the interpretation of elbow radiographs. The use of a checklist approach, and recognition of common injury patterns, can increase a radiologist's diagnostic accuracy when interpreting elbow radiographs. The objective of this article is to present a simple but thorough method for accurate radiographic evaluation of the elbow and to review some common injury patterns of the elbow.