bluuebunny/crossref_metadata_2025 huggingface dataset:
Smith v Hughes (1871) LR 6 QB 597 includes commentary on Centrovincial Estates plc v Merchant Investors Assurance Company Ltd [1983] Com LR 158
Authors: Jackson Nicola
Published: August 2019

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith v Hughes (1871) LR 6 QB 597 including commentary on Centrovincial Estates plc v Merchant Investors Assurance Company Ltd [1983] Com LR 158. The document also includes supporting commentary from author Nicola Jackson.
With v O’Flanagan [1936] Ch 575
Authors: Jackson Nicola
Published: August 2019

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in With v O’Flanagan [1936] Ch 575. The document also includes supporting commentary from author Nicola Jackson.
Edgington v Fitzmaurice (1885) 29 Ch D 459
Authors: Jackson Nicola
Published: August 2019

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.
Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26
Authors: Jackson Nicola
Published: August 2019

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.
White and Carter (Councils) Ltd v McGregor [1962] AC 413
Authors: Jackson Nicola
Published: August 2019

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in White and Carter (Councils) Ltd v McGregor [1962] AC 413. The document also includes supporting commentary from author Nicola Jackson.
Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67
Authors: Jackson Nicola
Published: August 2019

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis [2015] UKSC 67. The document also includes supporting commentary from author Nicola Jackson.
Farley v Skinner [2001] UKHL 49
Authors: Jackson Nicola
Published: August 2019

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Farley v Skinner [2001] UKHL 49. The document also includes supporting commentary from author Nicola Jackson.
2. The European Union and United Kingdom competition regimes
Authors: Marco Colino Sandra
Published: August 2019

This chapter discusses competition law in the European Union and United Kingdom. ‘Undertakings’ are the sole subjects of the substantive law relating to agreements and the abuse of dominant positions. This is the word used in the Treaty on the Functioning of the European Union (TFEU) and in EU secondary legislation, and has been adopted in the UK Competition Act 1998 (CA). Market integration has been highly influential in the shaping of EU competition policy. UK competition laws are not governed by similar concerns. The role of the European Commission in competition law is fundamental, and the European Courts have contributed to clarifying the interpretation of competition law provisions. In the United Kingdom, the Competition and Markets Authority (and the sectoral regulators) and the Competition Appeals Tribunal are the principal enforcers.
3. The relationship between European Union and United Kingdom competition law
Authors: Marco Colino Sandra
Published: August 2019

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.
5. Procedure: investigation
Authors: Marco Colino Sandra
Published: August 2019

This chapter deals with the way in which infringements of Articles 101 and 102 TFEU and Chapter I and II Prohibitions of the Competition Act 1998 are investigated and attacked. The European Commission has its own powers to investigate infringements of EU competition law by virtue of Regulation 1/2003. It may cooperate with national competition authorities (NCAs), who also have their own powers by virtue of EU law and their respective national competition laws. NCAs and the European Commission cooperate through the European Competition Network (ECN). The European Commission and the Competition Markets Authority (CMA) may obtain information, or may investigate on-site. The CMA also has criminal jurisdiction in some cases. Undertakings subject to investigation have rights that must be observed.
6. Procedure: penalties and leniency arrangements
Authors: Marco Colino Sandra
Published: August 2019

This chapter explores the financial penalties imposed for breaches of competition law in the EU and the UK. Broadly speaking, enforcers have three kinds of ‘weapons’ in their arsenal to use against those who attack competition: remedies, imprisonment, and fines. The first of these weapons may be the most powerful, and includes conduct, structural, and third-party remedies. Incarceration — the second weapon — is a well-publicized feature of the US system, and has been an option in the UK in relation to hard-core cartel conduct since the entry into force of the Enterprise Act 2002 (EA). The argument in favour of the efficacy of fines, the third weapon, is a persuasive one: companies take part in anti-competitive conduct in order to boost profits; remove those profits and the incentive for illegal conduct vanishes.
9. Agreements in the EU: the ELEMENTS of Article 101 TFEU
Authors: Marco Colino Sandra
Published: August 2019

This chapter considers the general principles of the application of Article 101 TFEU. Article 101 TFEU applies to joint, coordinated conduct understood in a broad sense to catch agreements, decisions by associations of undertakings, and concerted practices. The most important question is that of whether there is in the conduct a prevention, restriction, or distortion of competition within the meaning of Article 101(1) TFEU. Some forms of conduct, such as horizontal price fixing, are generally deemed to be anticompetitive by object; others, such as vertical distribution agreements, must be analysed in order to determine the competitive effects of the conduct. For the prohibition to apply, there must be an effect on trade between Member States. Article 101 TFEU has direct effect, and conduct prohibited is illegal without any decision to that effect being necessary.
10. Block exemption regulations under Article 101 TFEU
Authors: Marco Colino Sandra
Published: August 2019

This chapter focuses on block exemption regulations, which have become crucial in the application of the exception contained in Article 101(3) TFEU to agreements whose pro-competitive effects may outweigh any potential threats to competition. The current block exemptions represent an attempt to reconcile economic considerations and the needs of business. They are therefore less prescriptive than earlier versions, and tend to set a benchmark share of the relevant market within which they are applicable. The chapter fleshes out the details of the principal block exemptions presently in force, and provides a step-by-step guide to their application in the shape of a general flow chart. It covers legal basis and withdrawal, block exemptions for vertical agreements, and horizontal block exemptions.
11. The Chapter I Prohibition
Authors: Marco Colino Sandra
Published: August 2019

This chapter deals with Chapter I Prohibition, which is the UK domestic equivalent of Article 101 TFEU. It is to be applied and interpreted in a way that is consistent with the application of Article 101 TFEU, unless there is a ‘relevant difference’. There is no requirement for an effect on trade between Member States, but on trade within the UK. The prohibition has been applied to localized agreements. If Article 101 TFEU is applicable to any practice being examined under Chapter I Prohibition, it must be applied. Chapter I Prohibition may be applied in conjunction with EU law, but the result must not be inconsistent. A breach of Chapter I Prohibition may incur penalties, damages, and a requirement of conduct modification, and also renders void any offending agreement.
17. UK market studies and market investigation references
Authors: Marco Colino Sandra
Published: August 2019

This chapter discusses market studies and market investigations. Market studies and market investigations are tools available to the Competition and Markets Authority (CMA) in the event that a market failure is identified in a specific market. Market studies examine the causes of specific markets not working well for consumers, and make specific proposals for improvement. A market investigation reference is a feature of UK law by virtue of which a market ‘failing’ to operate competitively as a whole may be investigated by the CMA. The CMA has very wide powers to order changes to the way the market operates, or to accept undertakings to remedy defects. No penalties may be imposed for past behaviour, and no rights arise for third parties in relation to conduct found to be in need of change.
18. The economics of merger control
Authors: Marco Colino Sandra
Published: August 2019

This chapter deals with the key arguments that underpin the policy goals behind merger control which, in essence, relate to two factors: first, the creation or extension of monopoly power, including the raising of barriers to entry for potential competitors; and second, increasing the scope for collusion in a market which, post-merger, will be more oligopolistic and less competitive than was the market premerger. The first of these two factors is related to the control of dominant firm conduct; dominance itself is not condemned in either the EU or the UK. Nevertheless, in merger control there is a situation where the attainment or extension of dominance may be condemned or prevented.
21. State intervention: public undertakings and state aid
Authors: Marco Colino Sandra
Published: August 2019

Competition law in the EU also exerts some degree of control over the actions of the Member States when they intervene in the market in ways which could harm the competitive process. The Member States commit to complying with these and other obligations the moment they agree to be bound by the acquis unionaire, which is a prerequisite for EU membership. There are two main provisions in this regard: Articles 106 and 107 TFEU. This chapter covers the basic principles underlying the application of Articles 106 and 107 TFEU, and explores the interplay between the general prohibitions they contain and their multiple exceptions. Article 106 ensures that undertakings owned, established, or regulated by the State are not protected or advantaged vis-à-vis private competitors, while Article 107 TFEU contains a general prohibition of state aid.
Brownlie's Principles of Public International Law
Authors: Crawford James
Published: August 2019

Serving as a single-volume introduction to the field as a whole, Brownlie’s Principles of Public International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It aims to identify the constituent elements of that system in a clear way. This ninth edition has been completely updated to take account of the many developments in international law that have occurred since the 8th edition (2012).
The sources of international law
Authors: Crawford James
Published: August 2019

This chapter discusses the sources of international law, as reflected in Article 38 of the Statute of the International Court of Justice, and covers international custom, treaties, general principles of law, and judicial decisions. It also describes other material sources: the conclusions of international conferences, resolutions of the UN General Assembly, the writings of publicists, and codification and the work of the International Law Commission, concluding with other considerations applicable in judicial reasoning.
Recognition of states and governments
Authors: Crawford James
Published: August 2019

This chapter begins with a discussion of the ‘declaratory’ and ‘constitutive’ views of recognition. According to the declaratory view, the legal effects of recognition are limited: recognition is a declaration or acknowledgement of an existing state of law and fact, legal personality having been conferred previously by operation of law. The declaratory theory of recognition is opposed to the constitutive view, according to which the political act of recognition is a precondition of the existence of legal rights: in its extreme form this implies that the very personality of a state depends on the political decision of other states. Discussion then turns to the distinction between recognition of states and recognition of governments, collective non-recognition and sanctions, and issues of recognition before national courts.
Acquisition and transfer of territorial sovereignty
Authors: Crawford James
Published: August 2019

Disputes concerning title to land territory, including islands, and over the precise determination of boundaries are regularly the subject of international proceedings. While the occupation of territory not belonging to any state (terra nullius) is no longer a live issue, issues concerning such occupation in the past may still arise. This chapter discusses the following, the ‘modes’ of acquisition, displacement of title, territorial disputes, and territorial sovereignty and peremptory norms.
Legal aspects of the protection of the environment
Authors: Crawford James
Published: August 2019

This chapter discusses the role of international law in addressing environmental problems. It reviews the salient legal principles: the preventive principle, the precautionary principle, the concept of sustainable development, the polluter-pays principle, the sic utere tuo principle, and the obligation of environmental impact assessment. It gives an overview of the key multilateral conventions covering traffic in endangered species, protection of the ozone layer, transboundary movement of hazardous wastes, climate change, and protection of the marine environment.
Sovereignty and equality of states
Authors: Crawford James
Published: August 2019

This considers the uses of the term ‘sovereignty’ to describe the competence of states and equality.
Consequences of an internationally wrongful act
Authors: Crawford James
Published: August 2019

In the event of an internationally wrongful act by a state or other subject of international law, other states or subjects may be entitled to respond. This may be done by invoking the responsibility of the wrongdoer, seeking cessation and/or reparation, or (if no other remedy is available) possibly by taking countermeasures. This chapter discusses international law governing cessation, reparation, invocation.
6. Moral rights
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter assesses moral rights. From a human rights perspective, the distinction between economic and moral rights can be traced back to Art. 27(2) of the Universal Declaration of Human Rights. The protection of the moral interests of the authors finds justification not only in the context of human rights but also under a special set of copyright rules that offer protection to non-pecuniary interests of the authors. The Copyright, Designs and Patents Act 1988 (CPDA) recognises four main moral rights: the right to be identified as the author or director of a work (this is the so-called paternity right); the right to object to derogatory treatment of a work (the so-called integrity right); the right to object to a false attribution of authorship in the case of a literary, dramatic, musical, and artistic work or a film; and the right of privacy in commissioned photographs and films.
9. Trade marks
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter studies trade marks, considering the historical uses of trade marks and the development of UK trade mark law. The way in which trade marks are used has, in some ways, changed little, even though trading conditions today are far removed from those of previous times. Although medieval use was primarily to guarantee quality, use since the Industrial Revolution has been to tell the consumer about the origin of the goods. Meanwhile, the legal history of trade marks shows that the principles articulated in the early cases continue to influence today's law. There is the perennial concern that trade marks create unfair monopolies. The chapter then looks at the commercial functions fulfilled by trade marks in the age of the consumer, with the objective of showing the dilemma inherent in trade mark law. It also examines how EU reforms have impacted on domestic trade mark law.
11. Absolute grounds for refusal of registration
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter examines the absolute grounds for refusal of trade marks from registrability, which are found in s. 3 of the Trade Marks Act 1994 (TMA). The chapter lists objections to registrability based on the mark's own characteristics. To be refused registration, the mark should possess some innate quality which prevents registration. For instance, the mark applied for may be descriptive, generic, or it may lack distinctiveness. Marks that go against public policy or marks that are immoral will also be refused protection. The TMA also contains a number of negative objections in contrast to its predecessor, which required an applicant to show that the mark applied for was positively entitled to registration.
16. Ownership of patents
Authors: Karapapa Stavroula , McDonagh Luke
Published: August 2019

This chapter assesses the ownership of patents. Teams of researchers often work together towards a common goal. This means that there are sometimes disputes about who actually invented the product or process covered by a patent. Resolving these disputes is of significance because under patent law the owner possesses the right to grant licences to make use of the patented invention in exchange for a fee or royalties, and the right to sue for infringement. Before deciding who is entitled to the ownership of an invention it is first necessary to examine what is meant in law by the word ‘inventor’. Having examined the criteria used by the courts to identify an inventor, one must now consider the special statutory rules concerning employee–inventors. Once it has been decided who owns an invention, there is a scheme of compensation for employee–inventors.
1. Criminal law process
Authors: Horder Jeremy
Published: August 2019

This chapter discusses the process of criminal law. The focus is on the importance of the exercise of official discretion, on the criminal law in action, and on the role of bureaucracy in criminal law. There is also an outline of sentencing powers. Patterns of decision-making by criminal justice officials are one of four key pillars of criminal law and justice, along with criminal law principles, rules, and standards. We will see how these patterns are structured by crime management and bureaucratic-administrative techniques designed to reduce the number of contested trials and issues, and hence take pressure off the criminal justice system as a whole.
10. Property offences
Authors: Horder Jeremy
Published: August 2019

This chapter discusses property offences. These include theft, taking a conveyance without consent, robbery, blackmail, burglary, handling stolen goods, and criminal damage. Amongst these, the offence receiving the most detailed treatment is theft. The current definition of theft dates back to 1968, long before the time when it became possible to hold and transfer money and other items (such as photographs) electronically, and the courts have sought to interpret the law in such a way that in can meet this challenge. But, in seeking to modernize the law’s approach to new forms of property holding and transfer, has the definition become too wide?
12. Complicity
Authors: Horder Jeremy
Published: August 2019

This chapter examines the issue of complicity. ‘Complicity’ arises when two or more people agree to commit an offence which is then committed by one of more of them, or when a person plays a supporting role in the commission of an offence. The discussions cover the distinction between principals (those who commit the crime itself) and accessories (those who assist or encourage its commission). The discussion involves addressing complex questions about the conduct element in complicity, the fault element in complicity, joint ventures, and accessorial liability for different results. Also covered are derivative liability, the ‘missing link’, and special defences to complicity.
4. Banks and finance
Authors: Chiu Iris H-Y , Wilson Joanna
Published: August 2019

This chapter focuses on the other core function of the banking business alongside taking in deposits from customers: lending. The traditional forms of lending include overdrafts, fixed-term loans, and syndicated loans. An overdraft generally involves an extension of credit by a bank to its customer via the customer’s current account. A fixed-term loan, as the name suggests, is a loan made for a fixed period of time. Meanwhile, a syndicated loan involves two or more banks that each contributes towards making a single loan to a borrower. The chapter then considers lender liability and the different forms of security a bank can use to realise the repayment of a loan in the event of default by the borrower. It also looks at recent innovations in the lending market that offer a competitive alternative to traditional bank lending, including payday lending and peer-to-peer lending.
5. International banking supervision and regulatory architecture
Authors: Chiu Iris H-Y , Wilson Joanna
Published: August 2019

This chapter assesses international banking supervision. The solution to the issues in international banking has been the development of procedures that seek to encourage coordination or cooperation between national supervisors. This has been facilitated by the creation of international organisations that have allowed large numbers of countries to discuss, agree, and promote not only supervisory standards, but also regulatory rules. Together, these organisations constitute the international financial architecture that seeks to ensure financial stability by addressing a number of different issues. Two of the key bodies in international banking regulation include the Basel Committee on Banking Supervision (BCBS) and the Financial Stability Board (FSB). Ultimately, the proliferation of international banking in recent decades, and the need to ensure that banking supervision takes place on a consolidated basis, has led to calls for the creation of a single global regulator.
7. European banking supervision and regulatory architecture
Authors: Chiu Iris H-Y , Wilson Joanna
Published: August 2019

This chapter explores the European banking supervision and regulatory architecture. The aim of the introduction of European policy and law in bank regulation is was to build a single market in financial services and to give effect to the freedom of movement of capital. In the midst of the global financial crisis in 2008, the European Commission established a high-level group of experts chaired by Jacques de Larosière to recommend a blueprint for financial supervision in the EU going forward. The de Larosière Report provided a comprehensive analysis of the weaknesses in the financial sector in the EU and recommended stronger regulatory governance in many areas. The chapter then considers the Banking Union, a policy that introduces a new supervisory architecture for euro-area banks.
14. Combatting financial crime
Authors: Chiu Iris H-Y , Wilson Joanna
Published: August 2019

This concluding chapter studies the regulation compelling banks and financial institutions to play an active part in combatting financial crime. Regulation takes two approaches: one is to enforce anti-money laundering law through banks and financial situations; and the other approach is to enforce anti-money laundering law against them if they should be found to be complicit in transferring proceeds of crime. Under the first approach, regulation imposes duties on banks and financial institutions to act as gatekeepers to prevent money laundering from taking place and to identify such incidents so as to help regulators carry out enforcement. Under the second approach, banks and financial institutions may be punished for sometimes inadvertently becoming complicit in money laundering, and this provides a strong incentive for them to treat their gatekeeper roles seriously. The chapter then considers the regulatory duty of due diligence, financial intelligence reporting, and internal control and governance.
1. Introduction
Authors: Roach Lee
Published: August 2019

This introductory chapter provides an overview of the aims of company law and governance. Company law should hold companies and directors to account; be flexible enough to respond to novel and evolving practices; provide certainty; promote transparency; help to avoid misalignment of interests; promote corporate efficiency; and help avoid corporate disaster. The chapter then looks at other key important business structures. Other than companies, the principal business structures are the sole proprietorship, the partnership, and the limited liability partnership. A sole proprietorship is a sole individual carrying on some form of business activity. Meanwhile, two or more persons who wish to engage in business together can form an ordinary partnership. Lastly, limited liability partnerships were created to provide suitable business structures for large, professional firms. In many respects, limited liability partnerships resemble companies.
3. Incorporation
Authors: Roach Lee
Published: August 2019

This chapter examines the various ways by which a company can be created and the different types of company that can be created. The process of creating a company is known as ‘incorporation’. There are four principal methods of incorporating a company: by royal charter; by Act of Parliament; by delegated authority; or by registration. The general rule is that the Companies Act 2006 (CA 2006) only applies to registered companies. However, in order to prevent unregistered companies being under-regulated and having an unfair advantage over registered companies, the CA 2006 provides that the Secretary of State may pass regulations that set out how the CA 2006 is applied to unregistered companies. There are a number of different company types that can suit a wide array of businesses. These include public and private companies. Companies can change their status by a process called re-registration.
7. Classifications of director
Authors: Roach Lee
Published: August 2019

This chapter assesses what a director is and the different types of director that exist. Section 250 of the Companies Act 2006 (CA 2006) provides that a director ‘includes any person occupying the position of director, by whatever name called’. A person validly appointed as a director is known as a de jure director, whereas a person who has not been validly appointed, but who acts as a director, is known as a de facto director. A shadow director is ‘a person in accordance with whose directions or instructions the directors of a company are accustomed to act’. Other types of director include executive director, non-executive director, and alternate director. Meanwhile, certain persons such as major shareholders or creditors may have the power to nominate a person to the board, and this nominated person is known as a nominee director. Many companies will appoint some of its directors to specific board roles.
9. The role and powers of the board
Authors: Roach Lee
Published: August 2019

This chapter describes the board of directors' role, including the powers of the board, the division of power between the board and the members, and how the directors exercise their powers. In smaller companies, directors will manage the company and will delegate little, if any, of their powers. In larger companies, the directors will set the strategic direction of the company and will delegate much of their managerial powers to sub-board level managers. The powers of the board are a matter for the company's articles, with most articles providing that the board is responsible for managing the company and may exercise all the company's powers. Moreover, a company's articles usually provide the directors with the ability to delegate their powers to others. The principal method by which the board exercises its managerial powers is via board meetings.
10. Directors’ duties I: duties of performance
Authors: Roach Lee
Published: August 2019

This chapter studies the codification of the director's duties, how breach of duty can be avoided, and the duties in ss 171–74 of the Companies Act 2006 (CA 2006). Section 171–74 of the CA 2006 provides that a director is under a duty to act in accordance with the company's constitution; a duty to act in a way that would promote the success of the company; a duty to exercise independent judgement; and a duty to exercise reasonable skill, care, and diligence. Ultimately, the standard expected under s 174 is that of a reasonably diligent person with the general knowledge, skill, and experience that the director has. Meanwhile, a breach of duty may be avoided if the breach is approved or authorized, ratified under s 239, or if the court relieves the director of liability under s 1157.
15. Members’ remedies
Authors: Roach Lee
Published: August 2019

This chapter explores three remedies that aim to protect a company's members: the derivative claim; the unfair prejudice petition; and the petition to wind up the company. Where a company has sustained a loss, a member may be able to bring a derivative claim on behalf of the company. In order to continue a derivative claim, the member must obtain permission from the court to continue the claim. A member can also petition the court for a remedy where the company's affairs have been conducted in a manner that is unfairly prejudicial to that member's interests as a member. In unfair prejudice cases, the most common remedy is a share purchase order. Lastly, a member can petition the court for a winding-up order, with the relevant ground here being winding up where the court thinks it is just and equitable to do so.
19. Corporate transparency
Authors: Roach Lee
Published: August 2019

This chapter describes the UK's corporate transparency regime, including the statutory registers, the annual accounts and reports, the role of the auditor, and other notable disclosure obligations. Companies are required to keep a number of statutory registers, but private companies may instead elect to have Companies House keep the relevant information on its central register. Meanwhile, all companies are generally required to prepare accounts for each financial year, and these are known as ‘individual accounts’. Parent companies, in addition to preparing individual accounts, must also prepare group accounts. The annual reports consist of the strategic report, the directors' report, the auditor's report, and the directors' remuneration report. The role of a statutory auditor, which must be independent of the company, is to report on whether the company's accounts represent a fair and true view of the company's finances.
20. Debt capital and security
Authors: Roach Lee
Published: August 2019

This chapter discusses why companies borrow money, the various sources of debt capital, and the rules relating to secured and unsecured borrowing. An obvious reason why companies borrow is because the company is struggling financially, and so other forms of capital will prove insufficient to meet the company's debts or liabilities. In such a case, debt capital may be the only obtainable form of capital. Like shares, debt securities are tradeable financial instruments that a company can issue in order to raise finance. The principal form of security is a charge, which can be either fixed or floating. When determining whether a charge is fixed or floating, the courts will focus not on how the charge is labelled, but on the rights and obligations which the parties intended to grant each other. A failure to register the charge will render the charge void against a liquidator, administrator, or creditor.
23. Liquidation, dissolution, and restoration
Authors: Roach Lee
Published: August 2019

This concluding chapter explores the different types of liquidation, the powers of a liquidator, and the ways in which a company can be dissolved and restored. The Insolvency Act 1986 (IA 1986) provides for two types of liquidation: voluntary winding up; and winding up by the court. A voluntary winding up occurs where the members voluntarily wind up the company by passing a special resolution. Meanwhile, compulsory winding up occurs where a person petitions the court for an order of winding up the company, and the court grants such an order. The liquidator's role is to gather, realize, and distribute the assets of the company to its creditors and, if there is a surplus, to persons so entitled. Ultimately, the process by which a company's existence is ended is known as ‘dissolution’. A dissolved company can be restored in certain circumstances.
1. The historical origins of the trust
Authors: Penner JE
Published: August 2019

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 traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.
8. The constitution of trusts
Authors: Penner JE
Published: August 2019

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. A trust is fully set up, or constituted, only when the property is in the hands of a person who is properly bound to be a trustee. The issues that arise concerning the constitution of trusts are closely tied up with equity’s general principles for dealing with gifts. This chapter begins by discussing an important guiding principle of the court of equity. The principle has two main strands: equity will not enforce gratuitous promises; and equity will not perfect an imperfect gift. The focus then turns to covenants, covering the enforcement of covenants to settle by equity and enforcement of covenants to settle at common law. Cases relating to the fortuitous vesting of the trust property are also analysed.
9. Trusts and purposes
Authors: Penner JE
Published: August 2019

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 focuses on how the law enables a person to devote their property to the carrying out of purposes, while restricting the ways in which that can be done. The discussions cover the beneficiary principle and the invalidity of private purpose trusts; anomalous valid purpose trusts; the case of powers for purposes; an enforcer principle for the creation of a private purpose trust; valid trusts for persons ‘limited by a purpose’ aka Re Sanderson’s trusts; the bare trust with mandate and Quistclose trusts; gifts to unincorporated associations; the dissolution of unincorporated associations; and the rule against perpetuities.
10. The trust up and running
Authors: Penner JE
Published: August 2019

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 powers and obligations of trustees, the most important of which are the duty of investment and the powers of maintenance and advancement. The power of maintenance enables a trustee to spend income, but not capital, for the benefit of infant beneficiaries, i.e. those under 18. The power of advancement is the power to expend the capital of the trust fund to benefit a beneficiary who has only a future or contingent interest in it. The discussions also cover the appointment, retirement, and removal of trustees; custodian, nominee, managing, and judicial trustees; and variation of trusts.
12. Restitution, unjust enrichment, and the law of trusts
Authors: Penner JE
Published: August 2019

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 various ways in which the law of trusts can be seen to provide remedies that can be described as ‘restitutionary’, and whether any aspects of the law of trusts should be treated as part of the law of unjust enrichment. This is one of those areas of trust law where these issues have been most often raised, the law of resulting trusts, the law of tracing, and the law governing breach of trust.
13. The law governing fiduciaries
Authors: Penner JE
Published: August 2019

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 nature and scope of fiduciary duties. It begins by considering the ‘no conflict’ rule, the basic rule governing fiduciaries. Under the rule, a fiduciary is liable to account for any profit he obtains in circumstances where his interests may conflict with his duty to his principal. It then turns to rules governing authorised profits; unauthorised profits and the liability to account for them; self-dealing and fair dealing rules; the proprietary and personal nature of the liability to account; equitable compensation for breach of fiduciary obligation; and secondary liability for breach of fiduciary obligation.
2. Books, journals, and articles
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter first explains the nature of different books, journals, and articles encountered in the study of criminology. It introduces textbooks, edited collections, books of key readings, monographs, and dictionaries, together with journals as a key source of latest developments, research findings, criticism, and commentary. It moves on to consider how to find books and articles specified on a reading list. It then considers more generally how to find materials on a particular topic by developing a search strategy and using databases to locate relevant literature.
3. Statistics and official publications
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

A number of government and other official agencies collect statistics that provide insight into the extent of criminal behaviour, and produce reports that explore issues such as the impact of crime; policy considerations concerning responses to crime; and evaluations of the work of the various agencies involved in the criminal justice system, such as the police, the courts, prisons, and the probation service. This chapter describes the various types of statistics and reports available, explains how they can be used in the study of criminology, and details where they can be found.
4. Media and web sources
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter focuses on media and web sources of information about crime and criminology. It first considers the different media sources—newspapers, broadcast media, and fiction—and explains their relevance to the study of criminology. The chapter provides detailed information on identifying and locating relevant source materials in the media, and outlines the different types of online information such as official publications, reports from criminology organizations, and interest groups, as well as blogs and forums. It discusses how to assess the usefulness, relevance, and reliability of materials.
7. Writing skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter discusses the elements of good written English for criminology students, with particular emphasis on the way that language is used in academic writing. It covers the use of appropriate academic language and written style, grammar, and punctuation as well as practical guidance on matters such as producing a flowing line of argument, and selecting quotations. It also contains advice on writing within the word limit.
10. Presentations
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter, which focuses on oral presentations, discusses the stages of preparation for a presentation, from selecting a topic to making decisions about the use of supplementary materials. It gives practical advice on organizing a presentation which flows naturally and is comprehensive and engaging. It considers issues relating to the actual delivery of the presentation including timing, combating nerves, and engaging the interest of the audience. It also covers how to deal with questions confidently, together with the importance of practise and self-reflection.
11. Revision and examinations
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter focuses on skills that will help criminology students ensure that their revision is effective and productive. It includes putting together a realistic and achievable revision plan by using the syllabus to identify appropriate topics to revise. It also covers different strategies for active revision, including writing practice answers. It gives advice on planning answers in an exam setting together with tips on avoiding the most common problems that arise in exam answers.
12. Research ethics
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter discusses the importance of research ethics in criminology, with emphasis on ethical issues arising from research using human participants. It first considers the value of ethical approaches to research and moves on to address the particular issues raised by criminological research. It draws on the British Society of Criminology Statement of Ethics to explore the core ethical principles of confidentiality, anonymity, consent, and the avoidance of harm. The final section offers guidance on identifying and addressing ethical issues raised by one’s own research, along with suggestions on points to consider when formulating an application for approval for a Research Ethics Committee.
14. Quantitative analysis
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

Quantitative analysis is a significant feature of criminological research. This chapter discusses quantitative methods of analysis in which statistical tests are used to describe data and to draw inferences from the data. It covers the nature of quantitative data; types of variable; univariate analysis; bivariate analysis; statistical significance; and multivariate analysis. It also includes examples of using SPSS to generate statistics and perform tests on data.
15. Qualitative analysis
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

Qualitative data cannot be analysed mathematically—such as words, images, attitudes, feelings, and reactions. There are many research methods in criminology that produce qualitative data: for example, interviews, participant observation, documentary analysis, and focus group discussion. This chapter explains how collected qualitative data can be coded, and then describes various approaches to qualitative analysis, including thematic analysis, content analysis, grounded theory, and analytic induction.
Introduction
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

The cover of this book features an open penknife with an impressive range of attachments, set against a bright yellow background. So why did we pick this as the image to capture what we think Criminology Skills is all about? Without turning this into a media studies lesson, the cover says several things to us. First, by its very nature, much crime is hidden. Criminals tend not to want their activities to be made public. Criminology aims to bring criminality into the light: to explore issues such as why people start to offend, the causes and consequences of crime, methods of crime prevention, public perceptions and reactions to crime, measuring and quantifying crime, how the criminal justice system, the police, the courts, the probation and prison service, should deal with offenders, and methods that the state uses, especially the criminal law, in response to crime. Secondly, a penknife is quite capable of causing harm: stabbing or merely cutting someone with a knife could give rise to criminal liability for a range of different offences. Simply waving it at someone could be criminal. What about possession of the penknife in a public place? Or selling one to someone under the age of 16? Is it an offensive weapon or a weapon of offence? These have distinct meanings in the criminal law of England and Wales. Knife crime is a topic that is always of concern in the media. Thirdly, and perhaps, most importantly, a penknife contains a whole selection of different tools that can be used in different situations to make life easier. Several years ago, one of us was asked the question: ‘Why do you make such a fuss about skills? These students are at university. They ought to know how to study by now.’ Our answer is that, yes, perhaps students ...
1. Understanding the Law
Authors: Holland James , Webb Julian
Published: August 2019

This chapter introduces some fundamentals that will underpin the understanding of law and ‘legal method’. It explains those core principles and techniques that underpin the process of legal reasoning. Topics discussed include the concept of law; functions of law, and some of the major functions of law; and the concept of regulation, which extends our understanding of law to forms of delegated legislation and ‘soft’ law and case law as it is developed by the courts. The chapter also discusses Parliament and legislation; the structure and role of the courts; the importance of procedural law; English law and the European Convention on Human Rights; and English law and the European Union.
2. Finding the Law
Authors: Holland James , Webb Julian
Published: August 2019

This chapter introduces the main resources and techniques needed for legal research, the development of legal ‘information literacy’, and the appropriate methods to undertake research: the capabilities necessary for learning and working in an information-rich, digital society. It demonstrates how digital technologies are changing the nature of law and legal information from physical to a virtual space, and with it the research process. Digital media have created new challenges, for example for intellectual property law, for data security and protection, and for the criminal law in responding to a wide range of electronic crime. The discussion of specific research tools and techniques covers literary sources; case law; legislation; EU law; and using a number of online resources.