bluuebunny/crossref_metadata_2025 huggingface dataset:
Plasticity and the adaptive evolution of switchlike reaction norms under environmental change
Authors: Crowther Claudia , Bonser Stephen P , Schwanz Lisa E
Published: August 2023

Phenotypic plasticity is often posited as an avenue for adaptation to environmental change, whereby environmental influences on phenotypes could shift trait expression toward new optimal values. Conversely, plastic trait expression may inhibit adaptation to environmental change by reducing selective pressure on ill-adapted traits. While plastic responses are often assumed to be linear, nonlinear phenotype–environment relationships are common, especially in thermally sensitive traits. Here we examine nonlinear plasticity in a trait with great ecological and evolutionary significance: sexual phenotype in species with environmental sex determination (ESD). In species with ESD, development switches between male and female at an environmental threshold (the inflection point). The inflection point is a key trait for adaptive responses to changing environments and should evolve toward the new optimum in order to maintain evolutionarily stable sex ratios. We used an individual-based theoretical model to investigate how two forms of plasticity in the ESD reaction norm—the nonlinear slope of the reaction norm and a linear shift in the inflection point—influence the evolution of the inflection point under climate warming. We found that steeper reaction norm slopes (high nonlinear plasticity) promoted evolution toward new optimal phenotypes (higher inflection points). In contrast, increased linear plasticity in the inflection point (shift) hindered adaptive evolution. Additionally, populations in moderate warming scenarios showed greater adaptive evolution of the inflection point compared with populations in extreme warming scenarios, suggesting that the proximity of existing phenotypes to new optimal phenotypes influences evolutionary outcomes. Unexpectedly, we found greater population persistence under high climate variability, due to the increased production of rare-sex individuals in unusually cold years. Our results demonstrate that different forms of phenotypic plasticity have crucially different effects on adaptive evolution. Plasticity that prevented sex ratio bias hindered the evolution of the inflection point, while plasticity that exacerbated sex ratio bias promoted adaptation to environmental change.
Harvey & Facey [1893] AC 552
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Harvey v Facey [1893] AC 552. The document also includes supporting commentary from author Nicola Jackson.
Bisset v Wilkinson [1927] AC 177
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bisset v Wilkinson [1927] AC 177, Privy Council. The document also includes supporting commentary from author Nicola Jackson.
Edgington v Fitzmaurice (1885) 29 Ch D 459
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Edgington v Fitzmaurice (1885) 29 Ch D 459. The document also includes supporting commentary from author Nicola Jackson.
Zurich Insurance Co. Ltd plc v Hayward [2017] AC 142; [2016] UKSC 48
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Zurich Insurance Co. Ltd plc v Hayward [2016] UKSC 48. The document also includes supporting commentary from author Nicola Jackson.
Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Goodlife Foods Ltd v Hall Fire Protection Ltd [2018] EWCA Civ 1371. The document also includes supporting commentary from author Nicola Jackson.
Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433. The document also includes supporting commentary from author Nicola Jackson.
Arnold v Britton [2015] UKSC 36
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Arnold v Britton [2015] UKSC 36. The document also includes supporting commentary from author Nicola Jackson.
Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. The document also includes supporting commentary from author Nicola Jackson.
Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26
Authors: Jackson Nicola
Published: August 2023

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, Court of Appeal. The document also includes supporting commentary from author Nicola Jackson.
McPhail v Doulton, Re Baden’s Deed Trusts (No 1) [1971] AC 424, House of Lords
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in McPhail v Doulton, Re Baden’s Deed Trusts (No 1) [1971] AC 424, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Schmidt v Rosewood Trust [2003] UKPC 26, Privy Council
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Schmidt v Rosewood Trust [2003] UKPC 26, Privy Council. The document also includes supporting commentary from author Derek Whayman.
Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437, Court of Appeal
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2001] Ch 437, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58, Supreme Court
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
Murad v Al-Saraj [2005] EWCA Civ 959, Court of Appeal
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murad v Al-Saraj [2005] EWCA Civ 959, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Crédit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144, Court of Appeal
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Crédit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Lumley v Wagner (1852) 42 ER 687, Court of Chancery
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lumley v Wagner (1852) 42 ER 687, Court of Chancery. The document also includes supporting commentary from author Derek Whayman.
Coventry v Lawrence [2014] UKSC 13, Supreme Court
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
FSHC Group Holdings Ltd v GLAS Trust Corp [2019] EWCA Civ 1361, Court of Appeal
Authors: Whayman Derek
Published: August 2023

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964. The document also includes supporting commentary from author Noreen O'Meara.
Hungary v Slovak Republic (Case C-364/10), EU:C:2012:630, 16 October 2012
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hungary v Slovak Republic (Case C-364/10), EU:C:2012:630, 16 October 2012. The document also includes supporting commentary from author Noreen O'Meara.
Plaumann v Commission (Case 25/62), EU:C:1963:17, [1963] ECR 95, 15 July 1963
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Plaumann v Commission (Case 25/62), EU:C:1963:17, [1963] ECR 95, 15 July 1963. The document also includes supporting commentary from author Noreen O'Meara.
Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein (‘Cassis de Dijon’) (Case 120/78), EU:C:1979:42, [1979] ECR 649, 20 February 1979
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein (‘Cassis de Dijon’) (Case 120/78), EU:C:1979:42, [1979] ECR 649, 20 February 1979. The document also includes supporting commentary from author Noreen O'Meara.
Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Kunqian Catherine Zhu and Man Lavette Chen v Secretary of State for the Home Department (Case C-200/02), EU:C:2004:639, [2004] ECR I-9925, 19 October 2004. The document also includes supporting commentary from author Noreen O'Meara.
Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011
Authors: O'Meara Noreen
Published: August 2023

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerardo Ruiz Zambrano v Office national de l’emploi (Case C-34/09), EU:C:2011:124, [2011] ECR I-1177, 8 March 2011. The document also includes supporting commentary from author Noreen O'Meara.
Bocardo SA v Star Energy Weald Basin Ltd [2010] UKSC 35, Supreme Court
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bocardo SA v Star Energy Weald Basin Ltd [2010] UKSC 35, Supreme Court. 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 2023

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.
Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nasrullah v Rashid [2018] EWCA Civ 2685, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Antoine v Barclays Bank [2019] EWCA Civ 2846, Court of Appeal (Civil Division)
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Antoine v Barclays Bank [2019] EWCA Civ 2846, Court of Appeal (Civil Division). The document also includes supporting commentary from author Aruna Nair.
Binions v Evans [1972] Ch 359, Court of Appeal
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Binions v Evans [1972] Ch 359, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Mortgage Corporation v Shaire [2001] Ch 743, High Court (Chancery Division)
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Mortgage Corporation v Shaire [2001] Ch 743, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.
Re Citro [1991] Ch 142, Court of Appeal
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Citro [1991] Ch 142, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Hill v Tupper (1863) 159 ER 51, High Court (Exchequer Chamber)
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hill v Tupper (1863) 159 ER 51, High Court (Exchequer Chamber). The document also includes supporting commentary from author Aruna Nair.
Moncrieff v Jamieson [2007] UKHL 42, House of Lords
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Moncrieff v Jamieson [2007] UKHL 42, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Halsall v Brizell [1957] Ch 169, High Court (Chancery Division)
Authors: Nair Aruna
Published: August 2023

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Halsall v Brizell [1957] Ch 169, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.
A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach to the 1998 Act. The document also includes supporting commentary and questions from author Thomas Webb.
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal. This case note considers the concept of unreasonableness as articulated in Wednesbury and reflects on its relationship to that of proportionality. The document also includes supporting commentary and questions from author Thomas Webb.
British Railways Board v Pickin [1974] AC 765, House of Lords
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in British Railways Board v Pickin [1974] AC 765, House of Lords. The case concerned the unwillingness of the courts to look behind the process by which statutes were enacted by Parliament. The case note explores the wider implications of this position in the context of debate between orthodox and alternative conceptions of parliamentary sovereignty, and the notion of constitutional statutes. The document also includes supporting commentary and questions from author Thomas Webb.
Entick v Carrington [1765] 95 ER 807, King’s Bench
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entick v Carrington [1765] 95 ER 807, King’s Bench. This case concerned the legality of a warrant issued by one of the King’s Secretaries of State, the Earl of Halifax, which purported to authorize four of the King’s messengers to search for and take Entick’s papers and property. The case is a seminal judgment on the rule of law, the powers of government, and the nature of the legal system. The document also includes supporting commentary and questions from author Thomas Webb.
Osborn v Parole Board [2013] UKSC 61, Supreme Court
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Osborn v Parole Board [2013] UKSC 61, Supreme Court. This case concerned three applicants who, it was contended, had been subject to procedurally unfair processes by the Parole Board. In arguing their cases they had primarily relied upon Article 5(4) of the European Convention on Human Rights (ECHR). The UKSC preferred the common law principle of procedural fairness. This case note examines that principle and the concept of common law rights more generally in relation to the ECHR and the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
Privacy International and others v Secretary of State for Foreign and Commonwealth Affairs and others [2021] EWCA Civ 330, Court of Appeal (also known as the Third Direction case)
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Privacy International and others v Secretary of State for Foreign and Commonwealth Affairs and others [2021] EWCA Civ 330, Court of Appeal. The case (also known as the Third Direction case) concerned whether the security service (MI5) was able to authorize its agents to commit criminality in the course of their work, and whether such authorization could grant immunity to said agents from criminal prosecution. The case has, in substance, been superseded by the passage of the Covert Human Intelligence Sources (Criminal Conduct) Act 2021, but it nonetheless raises more fundamental questions about the relationship between the rule of law and national security. The document also includes supporting commentary and questions from author, Thomas Webb.
R v Chaytor and others [2010] UKSC 52, Supreme Court
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Chaytor and others [2010] UKSC 52, Supreme Court. This case considered the extent of parliamentary privilege, and the courts’ role in interpreting it. The document also includes supporting commentary and questions from author Thomas Webb.
R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals)
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as the Fleet Street Casuals case). This case concerns when and how an assessment of an applicant’s standing (or interest, locus standi) should be made for the purposes of determining whether they may bring a judicial review. Lord Diplock’s judgment provided a liberal approach to the assessment of standing as compared with the approaches offered by his fellow judges. The document also includes supporting commentary and questions from author Thomas Webb.
R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords. In this case, the House of Lords considered whether the Secretary of State could use the prerogative power to set up an alternative compensation scheme to that laid down in statute. It raises questions as regards the limits of the prerogative power, and the separation of powers in the United Kingdom’s constitution. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Abbasi) v Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for the Home Department [2002] EWCA Civ 1598, Court of Appeal
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Abbasi) v Secretary of State for Foreign and Commonwealth Affairs and Secretary of State for the Home Department [2002] EWCA Civ 1598, before the Court of Appeal. This case concerned, among other things, whether foreign policy decisions made by the executive under the prerogative power could ever constitute justiciable matters arguable before the courts. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. This case concerned whether the government could rely on the prerogative power to issue a notification of the United Kingdom’s intention to secede from the European Union under Article 50 of the Treaty of the European Union, or whether parliamentary authorization was required. There is also a brief discussion of the Sewel Convention. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords. The substantive issue in this case concerned an unsuccessful claim for asylum on the basis of a fear of religious persecution. However, the focus of this case note is on Lord Bingham’s views on the extent to which the jurisprudence of the European Court of Human Rights should influence the deliberations of the domestic courts in their application of the Human Rights Act 1998 via the ‘mirror principle’. The document also includes supporting commentary and questions from author Thomas Webb.
Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. This case introduced the concept of a ‘constitutional’ statute into UK jurisprudence. The case note reflects on the consequences of this. The document also includes supporting commentary and questions from author Thomas Webb.
Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights. The substantive issue in this case concerned whether state-inflicted corporal punishment was a breach of Article 3 of the European Convention on Human Rights. In ruling on the issue, the Court also established an interpretive doctrine—the Convention as a ‘living instrument’—which is the focus of this case note. The document also includes supporting commentary and questions from author Thomas Webb.
YL v Birmingham City Council [2007] UKHL 27, House of Lords
Authors: Webb Thomas E.
Published: August 2023

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in YL v Birmingham City Council [2007] UKHL 27, House of Lords. This case is concerned with the identification of public bodies and public functions under s. 6(3)(b) of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
Poole Borough Council v GN [2019] UKSC 25
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Poole Borough Council v GN [2019] UKSC 25. The document also included supporting commentary from author Craig Purshouse.
Michael v Chief Constable of South Wales Police [2015] UKSC 2
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Michael v Chief Constable of South Wales Police [2015] UKSC 2. The document also included supporting commentary from author Craig Purshouse.
Murphy v Brentwood DC [1991] 1 AC 398
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murphy v Brentwood DC [1991] 1 AC 398. The document also included supporting commentary from author Craig Purshouse.
Hedley Byrne & Co. Ltd v Heller & Partners Ltd [1964] AC 465
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hedley Byrne & Co. Ltd v Heller & Partners Ltd [1964] AC 465. The document also included supporting commentary from author Craig Purshouse.
Nettleship v Weston [1971] 2 QB 691
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nettleship v Weston [1971] 2 QB 691. The document also included supporting commentary from author Craig Purshouse.
Bonnington Castings Ltd v Wardlaw [1956] AC 613
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bonnington Castings Ltd v Wardlaw [1956] AC 613. The document also included supporting commentary from author Craig Purshouse.
Gregg v Scott [2005] 2 AC 176
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gregg v Scott [2005] 2 AC 176. The document also included supporting commentary from author Craig Purshouse.
Wilkinson v Downton [1897] QB 57
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wilkinson v Downton [1897] QB 57. The document also included supporting commentary from author Craig Purshouse.
Lachaux v Independent Print Ltd and others [2019] 3 WLR 18
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lachaux v Independent Print Ltd and others [2019] 3 WLR 18. The document also included supporting commentary from author Craig Purshouse.
R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245
Authors: Purshouse Craig
Published: August 2023

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Lumba) v Secretary of State for the Home Department [2012] 1 AC 245. The document also included supporting commentary from author Craig Purshouse.
R v Fagan [1969] 1 QB 439, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Fagan [1969] 1 QB 439, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v MD [2004] EWCA Crim 1391, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v MD [2004] EWCA Crim 1391, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Kennedy [2008] 1 AC 269, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kennedy [2008] 1 AC 269, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v A [2020] EWCA Crim 470, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v A [2020] EWCA Crim 470, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Re A (Children)(Conjoined Twins) [2001] 2 WLR 480, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re A (Children)(Conjoined Twins) [2001] 2 WLR 480, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Kuddus [2019] EWCA Crim 837, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Broughton [2020] EWCA Crim 1093, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Broughton [2020] EWCA Crim 1093, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v McNally [2013] EWCA Crim 1051, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v McNally [2013] EWCA Crim 1051, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R (Monica) v DPP [2018] EWHC 3508 (QB), Queen’s Bench Division
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Monica) v DPP. The document also included supporting commentary from author Jonathan Herring.
R v BM [2018] EWCA Crim 560, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v BM [2018] EWCA Crim 560, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Barnes [2004] EWCA Crim 3246, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

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

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Brown [1994] 1 AC 212, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Melin [2019] EWCA Crim 557, Court of Appeal
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Melin [2019] EWCA Crim 557, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Ivey v Genting Casinos [2017] UKSC 67, Supreme Court
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ivey v Genting Casinos [2017] UKSC 67, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
R v Howe [1987] AC 417, House of Lords
Authors: Herring Jonathan
Published: August 2023

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Howe [1987] AC 417, House of Lords. The document also included supporting commentary from author Jonathan Herring.
6. Article 102 TFEU: Introduction and Dominant Position
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: August 2023

Article 102 TFEU deals with the unilateral conduct of undertakings with substantial market power. It thus prohibits one or more undertakings which hold a dominant position in the internal market, or a substantial part of it, abusing that position insofar as it may affect inter-Member State trade. This chapter discusses the role of Article 102 and the controversy attending its application, and introduces the elements which must be established before the prohibition applies. The Commission’s review of Article 102, the publication of its Guidance Paper on enforcement priorities and subsequent amendments to this document, and the relationship between Article 102 and Article 101, are considered. The chapter also explores in detail one of the principal limbs of the Article 102 prohibition, namely the concept of an undertaking holding a ‘dominant position’ in a relevant market. The definition of a dominant position in the case law of the Court is discussed, alongside its relation to the concept of substantial market power. The chapter then considers how dominance is established, addressing, inter alia, the definition of the relevant market for the purposes of Article 102; the role of market share in establishing dominance; and barriers to entry and other factors indicating dominance.
11. Vertical Agreements
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: August 2023

This chapter, which discusses EU competition policy towards vertical agreements, begins by outlining the choices available to a supplier when deciding how best to market and sell its products or services to customers, and the impact that the competition rules may have on a supplier’s choice. It then discusses the evolution of the EU approach to vertical agreements, from the early days of EEC competition to now, especially as reflected in the Commission’s Verticals Guidelines of 2022, including exclusive dealing, single branding, franchising, and selective distribution agreements. It considers the importance in EU law of parallel trade between Member States and how this has influenced policy towards vertical restraints. It analyses the application of Article 101(1) and Article 101(3) to vertical agreements, including the verticals block exemption of 2022; and subcontracting agreements.
17. International Aspects
Authors: Jones Alison , Sufrin Brenda , Dunne Niamh
Published: August 2023

This chapter examines the issue of jurisdictional problems in competition law, the ‘internationalisation’ of competition law, and the efforts to deal with competition issues at a global level to match the global operations of undertakings on world markets. It looks first at the question of extraterritoriality in public international law, particularly the concept of objective territoriality. It considers the distinction between prescriptive jurisdiction and enforcement jurisdiction and how these might apply to competition law. It then looks at the development of the effects doctrine in US law and the concept of comity, and at the position of foreign plaintiffs in US courts. It considers how the EU takes jurisdiction by the application of the single economic entity doctrine, the implementation doctrine, and the qualified effects doctrine. The chapter concludes by examining international cooperation in competition law and how competition law must be sensitive to the huge global economic inequalities of the twenty-first century. It looks at the bilateral agreements into which the EU has entered, and the multilateral cooperation to which the EU is party, including cooperation within UNCTAD, the OECD, the WTO, and the International Competition Network (ICN).
2. Copyright 1: history, rationale, and policy context
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter considers the evolution of modern copyright law against the background of its historical development in the UK and the international and European legal frameworks within which UK copyright law has been set since the nineteenth century. It examines the rationale and justifications for copyright and identifies the general policy context within which law and policy has developed in the UK and the EU. It also highlights the rapid development of new technologies which has brought copyright reform to the forefront in recent times, the difficulties which this new environment presents for the copyright framework, and how the framework has developed to meet such challenges.
15. Trade marks 3: relative ground for refusal and invalidation, infringement, and defences
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter discusses the relative grounds for refusal or invalidation of a registered trade mark, the circumstances in which a trade mark can be infringed, and defences to an action of infringement, both at national level for UK trade mark registrations and at EU level for the EU trade mark. As relative grounds and infringement overlap, these are considered together. After introducing the relative objections and grounds of infringement generally, the chapter considers what constitutes infringing ‘use’ of a sign. The chapter then runs through the three grounds of infringement/relative objections, looking first at double identity, then likelihood of confusion, then infringement of marks with a reputation. The chapter concludes with a discussion of the principal defences.
16. Passing off
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter examines the action of passing off, that is, the means by which one trader may prevent another from misleading customers by misrepresenting (or ‘passing off’) goods or services as emanating from the former party. It analyses the key elements of goodwill, misrepresentation, and damage, as well as considering extended passing off by reference to multiple examples of groups of producers seeking to protect the goodwill associated with their products. It concludes with discussion of key issues regarding the future of passing off, in particular in relation to the internet and its possible development as a law against unfair competition.
17. Breach of confidence
Authors: Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Published: August 2023

This chapter discusses contemporary law and policy relating to the protection of confidential information. It considers the key elements of breach of confidence: the nature of confidential information, circumstances imparting obligations of confidence, and unauthorised use of confidential information. The chapter also considers the increasing impact of the Human Rights Act 1998 (HRA 1998). The chapter summarises some key cases to give examples of the issues that arise (eg in the employment context), discusses the evolving relationship between secrecy and innovation, and the impact of other forms of information control. The impact of Trade Secrets Directive, including post-Brexit, is also discussed.
5. Formalities
Authors: Virgo Graham
Published: August 2023

This chapter examines the processes for creating an express trust, which involves two elements. The first involves possible formality requirements relating to the creation of the trust itself, particularly involving trusts of land and testamentary trusts. It also considers how a trust may be valid despite failure to satisfy these requirements, notably where a statute is being used as an instrument of fraud or where a secret trust is recognized. The second element involves the formality requirements which need to be satisfied to ensure that title to property is vested in the trustees, so that the trust is constituted. Constitution of the trust is considered where a settlor declares themself as a trustee and also where another party is declared as a trustee. The chapter also examines when Equity may intervene where a trust has not been properly constituted or where a gift has not been validly transferred to a donee.
7. Non-Charitable Purpose Trusts
Authors: Virgo Graham
Published: August 2023

This chapter examines the concept of the non-charitable purpose trust. It explains that non-charitable purpose trusts are generally considered void by virtue of failing to comply with the beneficiary principle. It describes exceptional conditions under which non-charitable purpose trusts are considered valid, such as trusts of an imperfect obligation, and discusses mechanisms for the implementation of non-charitable purposes. This chapter also considers the peculiar problems arising where property is transferred for the benefit of unincorporated associations and how Equity has provided solutions for property-holding by such associations and why the nature of property-holding for unincorporated associations has proved to be significant where the association is dissolved.