bluuebunny/crossref_metadata_2025 huggingface dataset:
7. Child Support
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter considers the law governing parents’ duty to provide financial support for their children. It discusses the key features of the child support regime and then examines the residual role of the courts to make financial provision orders for children. It also discusses private agreements between parents.
8. Financial Remedies: The Court’s Powers
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter discusses the law governing financial remedies in the context of a divorce, dissolution of a civil partnership, nullity and separation. It deals with the court’s powers and the procedures under which these are exercised.
18. Care and Supervision
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

The Children Act 1989 places considerable importance on local authorities working in partnership with families and the avoidance wherever possible of court proceedings. However, the Act also makes provision, in the form of care and supervision orders, for compulsory measures to be taken to safeguard and promote children’s welfare. This chapter focuses on care and supervision orders. It covers the initiation of proceedings; the threshold criteria, which refers to conditions set out by s 31(2) that must be satisfied before a care or supervision order may be made; the ‘welfare stage’, where the court must, pursuant to s 1(1), regard the welfare of the child as the paramount consideration; tackling delay in care proceedings; court orders; appeals; and discharge of care orders and discharge and variation of supervision orders. The chapter ends by discussing the position of children in local authority care, focusing on the critical issue of contact with children in care.
Family Law
Authors: Morgan Polly
Published: September 2021

Family Law illustrates the diverse applications of modern family law through real-world scenarios. It starts off by looking at marriage and civil partnership. It moves on to financial provision on divorce and cohabitants and remedies not dependent on divorce. It looks at financial support for children and the various protections in place for domestic abuse. Parenthood and parental responsibility are examined in detail. Children’s rights and welfare are also looked into. Finally, the book considers private law disputes and children and child protection in terms of state support and care, supervision, and adoption.
1. Studying criminology
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter provides an overview of criminology, which is the scientific study of crime. ‘Criminologists’ are generally considered to be the lecturers, scholars, and researchers who create and impart criminological knowledge and understanding to inform the development of academic theories and arguments, and also of policies and practice relating to crime and people who come into conflict with the law. The study of criminology can be divided into three interconnected areas that each contribute to the understanding and knowledge of crime: defining and exploring crime, explaining crime, and responding to crime. We can view these three elements as not only a journey which leads on to research, but also as a triad of criminology. Ultimately, criminologists are interested in the sociological, psychological, legal, policy, and anthropological influences on defining, explaining, and responding to crime. The chapter details what criminology looks like as an academic subject.
13. Global criminology 1
Authors: Darke Sacha
Published: September 2021

This chapter presents an overview of global criminology, introducing the overarching theme and concept of globalisation and drawing comparisons between crime and justice in different countries. Today, criminologists who research other parts of the world increasingly turn to international definitions of crime, and international understanding of the causes of crime and the effectiveness and legitimacy of the various forms of crime control. In doing so, criminologists in the Global North are becoming more aware that they need to diversify the discipline further to include the knowledge and viewpoints of researchers from the Global South. The emerging area of global criminology is divided into two broad areas of research interest. The first, comparative criminology, focuses on identifying and understanding convergences and divergences in crime and justice between nations and regions. The second area, transnational criminology, explores the nature of organised, state, and corporate crimes and responses to organised crimes that cross borders.
15. Free will, classicism, and rational choice
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter reflects on criminological theories. It begins by considering what a theory is, how a theory can be assessed, and exploring the overarching ideas in criminology. Criminological theory improves the understanding of why laws are made, how and why we enforce rules and punish those who break them, the effects of crime control, how and why people choose to break or obey rules, and the effects of rule breaking. The main theoretical schools in criminology include classicism, positivism, interpretivism, and critical criminology. The chapter then looks at the importance of free will and rational choice and demonstrates how these ideas in the 17th and 18th centuries underline the modern criminal justice system and may explain how and why we, as a society, feel we can and should punish those who choose to break the law.
23. Criminal justice principles
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter describes the key principles of the criminal justice system. These key principles behind the abstract aims of criminal justice include the rule of law, adversarial justice, and restorative justice. The chapter particularly focuses on the rule of law doctrine to illustrate its status as the ultimate authority for democratic systems of justice around the world, but it also reflects on three of its supplementary concepts: an independent judiciary, due process, and human rights. Meanwhile, the traditional adversarial contest in a courtroom between two opposing sides means such hearings can lack impartiality as the role of the judge is limited to ensuring that the rules are followed. The restorative justice principle offers a different dimension, one that prioritises repairing the harms suffered by the injured parties.
29. Rehabilitation of offenders
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter examines the rehabilitation of offenders. Much discussion of crime and criminality focuses on the culpability of the offender, the management and control of crime, and the nature and legitimacy of punishment. However, there is another strand of criminological inquiry (and practice) which is more concerned with understanding offenders, appreciating ‘what makes them tick’, and seeking out tools and methods for reintegrating them into society as conventional law-abiding citizens. In effect, such approaches are concerned with identifying the causes and consequences of criminal behaviour and developing interventions which will enable offenders to change their behaviours and thought processes to enable them to take advantage of legitimate opportunities and to live decent lives. The chapter explores some of the beliefs and assumptions which underlie this kind of approach to crime and criminality. It considers some of the implications in terms of criminal justice practices and evaluates the outcomes of rehabilitative approaches. Finally, the chapter reflects on some of the limitations of this perspective on crime, both empirically and theoretically.
32. Conducting criminological research
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter focuses on the process of conducting criminological research. Regardless of the size of the research, the same key principles and elements apply. The chapter begins by looking at how to choose a research or dissertation topic and how to conduct the necessary academic reading in this area and decide on an appropriate research methodology for that topic. It then considers how the project can be effectively planned and organised, and provides some advice on writing up the research and demonstrating critical thinking. Finally, the chapter identifies the fundamental ethical principles for conducting research: encouraging engagement with ethical thinking that goes further than a tick on a box of a dissertation proposal. These steps will develop the research experience and skills necessary for the ‘next step’ of continuing higher education or progressing into employment.
Competition Law
Authors: Whish Richard , Bailey David
Published: September 2021

Competition Law explains competition law and policy in the EU and UK. The intention is to provide the reader with an understanding of competition law and policy, to introduce the reader to key economic concepts, legal principles and tools in competition law, and to provide insights into the numerous different issues that arise when applying competition law to market behaviour. Describing the economic rationale for the law, the chapters consider the application of EU and UK competition law to various business practices, including cartels, cooperation agreements, distribution agreements, licences of intellectual property rights, joint ventures, and mergers. The text has been updated to include the changes to UK law as a consequence of Brexit. It discusses for the first time the rise of powerful digital platforms and the quest for a suitable competition law and regulatory response to this phenomenon. It also considers the implications of the European Green Deal and the sustainability agenda for EU competition law and practice. The text incorporates extensive new legislation, case-law, decisional practice, guidelines and periodical literature at EU and UK level.
Jacobs, White, and Ovey: The European Convention on Human Rights
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

Seventy years after the founding of the European Court of Human Rights it has dispensed more than 22,000 judgments and affects the lives of over 800 million people. The eighth edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines each of the Convention rights including the right to a remedy, right to life, prohibition of torture, protection from slavery and forced labour, and respect for family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.
1. Context, Background, and Institutions
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines the history and institutions associated with the European Convention on Human Rights (ECHR). It discusses the political context in which the European Convention was drafted and both the political developments and philosophies which shaped its content. It also examines the system of protection provided by the different organs of the Council of Europe; the relationship between those organs and other international courts and tribunals, including the European Union; and the role of the Secretary-General of the Council of Europe, the Commissioner for Human Rights, and the other human rights instruments of the Council of Europe in the enforcement of the human rights provisions.
8. The Right to Life
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines the case-law of the Strasbourg Court related to the right to life. This includes cases concerning the death penalty and the extraterritorial application of the right to life, the prohibition of intentional killing by the State, including deaths in custody and forced disappearances, positive obligations to protect life, the duty to investigate deaths, medical termination of pregnancy and the rights of the unborn child, quality of life and end of life issues, such as euthanasia. The chapter suggests that after a slow start the body of judgments concerning the right to life has become one of the richest and most dynamic of all the Convention case-law.
23. Freedom of Movement
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines the protection of the freedom of movement in the European Convention on Human Rights (ECHR), explains the provisions of Protocols 4 and 7, and discusses the prohibition of expulsion of nationals and the right of entry to the territory of the State of nationality. It describes the complaints of violations of the freedom of movement provisions of Protocols 4 and 7, and analyses the Strasbourg Court’s interpretation of these provisions, considering the reasons given for restrictions of movement. The chapter also considers the case-law on the collective expulsion of asylum seekers and migrants who have sought protection in Europe.
Immigration & Asylum Law
Authors: Clayton Gina , Firth Georgina
Published: September 2021

The ninth edition of Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the impacts of Brexit and the Covid-19 pandemic on immigration and the asylum process, coverage of the Windrush scandal, and a discussion of the case of Shamima Begum. It also contains important clarification from the higher courts on the interpretation and application of Part 5A of the NIAA 2002, a consideration of the impacts of the hostile (compliant) environment, updated Home Office guidance on Age Assessment and challenges to detained asylum casework, the Home Office Removals Policy, and the new Immigration Bail provisions.
12. Claims for international protection
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system. The chapter begins with the legal context of refugee claims in the UK, and then follows the structure of Article 1A of the Refugee Convention.
13. Exclusion from asylum
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter considers the provisions whereby an individual can be excluded from refugee status because of their conduct. These are as laid down in the Refugee Convention and the EC Qualification Directive. These powers were little used in the twentieth century, but now are used increasingly often in the context of the escalation in international action against terrorism. Their interpretation and application are affected by domestic legislation, in the UK, the Nationality Immigration and Asylum Act 2002, the Immigration Asylum and Nationality Act 2006, and the Terrorism Acts of 2000 and 2006, and draw on international criminal law. The chapter discusses up-to-date case law on exclusion from refugee status based on crimes against humanity, serious non-political crimes, and acts against the purpose and principles of the United Nations. It deals with the issue of complicity and the relationship with the UK’s anti-terrorism legislation. It also deals with the situations in which refugees can be removed from the host country.
20. Offences of temporary deprivation
Authors: Ormerod David , Laird Karl
Published: September 2021

Theft involves an intention to deprive another permanently of their property. The criminal law has also devised offences involving temporary deprivation of property including the taking of vehicles and the taking of vessels, both of which are currently dealt with in s 12 of the Theft Act 1968. The Theft Act 1968 also includes another offence of temporary deprivation: removal of articles from places open to the public. In this case, the article must be removed from the building or from its grounds before the actus reus and mens rea of the offence can be completed. In other words, removal from the building to the grounds or vice versa will suffice.
22. The Fraud Act 2006
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter considers the offences under the Fraud Act 2006 and the important body of case law that now exists interpreting the 2006 Act. It discusses the common elements of the offence of fraud; namely, dishonesty (including the impact of Ivey), with intent to gain or cause loss or to expose to a risk of loss, and remoteness of intention. The fraud offences are each examined in turn: fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, possession of articles for fraud and making or supplying articles for use in frauds. The chapter provides extensive discussion of the desirability of having a general fraud offence and examines the difficulties encountered in relying so much upon the concept of dishonesty.
30. Obscene communication and publication offences (additional chapter)
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter deals with the offences addressed in the Obscene Publications Acts 1959 and 1964, and related offences. These offences not only have implications for freedom of speech but also raise important issues about the appropriate boundaries of criminalization. Obscene publications are governed by s 2(1) of the Obscene Publications Act 1959. This chapter also considers extreme pornography and other offensive communications offences such as malicious communications, obscenity in the theatre, possession of prohibited images of children, posting indecent or obscene matter, indecent displays, outraging public decency, revenge porn and recent proposals for reform.
33. Money laundering (additional chapter)
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter discusses the offences in the Proceeds of Crime Act 2002 which criminalize dealing with the proceeds of crime. These are extremely broad offences with many features which could be characterized as being draconian as successive governments have sought to combat serious crime by targeting not just the offenders (who may commit a money laundering offence in relation to their own criminal conduct), but all those who assist in the disposal of criminal proceeds. These offences have generated a huge volume of case law, much of which has reached the House of Lords and the Supreme Court. This chapter analyses how these offences relate to handling stolen goods.
3. Sources of law: Authority and process
Authors: Partington Martin
Published: September 2021

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK Parliament, and the different types of legislation enacted by Parliament. The legislative functions of the devolved administrations are mentioned. The law-making functions of judges, particularly through case law and the interpretation of statutes, are also considered, as is the impact of the Council of Europe on human rights. Finally, an outline of the law-making processes of the European Union is given.
9. Providing legal services: the legal professions
Authors: Partington Martin
Published: September 2021

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.
4. The Rule of Law
Authors: Webley Lisa , Samuels Harriet
Published: September 2021

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter explains the meaning and significance of the rule of law, briefly tracing the history of the rule of law and considering the main similarities and differences between various theories of the rule of law. It then assesses the impact of recent legal reforms on the operations of the rule of law in the UK. These reforms include the extension of detention without trial; the developing body of anti-terror legislation; and the Constitutional Reform Act 2005, which reinforces the importance of the independence of the judiciary and puts measures in place to attempt to strengthen the separation of the courts from the other arms of the state. Finally, the chapter discusses judicial interpretation of the rule of law through a selection of cases that have examined the legality, irrationality, or procedural impropriety of the actions of the executive or public bodies and whether their actions conform to the Human Rights Act 1998.
1. Introduction and fundamental themes
Authors: Davies Paul S.
Published: September 2021

This introductory chapter provides a brief overview of the fundamental elements of what constitutes a contract. It discusses undertakings or promises, deeds, written and oral promises, bargains, and bilateral and unilateral contracts. It concludes by examining some general themes in contract law to which reference will be made throughout the present title. These include freedom of contract, will theory, economic efficiency, objectivity in contract law, common law and equity, contract law within private law, and international influences on contract law. The outline provided in this chapter is necessarily brief; although some of the themes may seem a little difficult in the abstract, students approaching this subject for the first time should not be troubled. The concepts will become familiar and more easily understood through concrete examples provided in later chapters.
9. Contracts requiring writing
Authors: Davies Paul S.
Published: September 2021

This chapter examines two contract types: (a) particular categories of contract which must be in writing as a result of legislation; (b) certain types of contract which are not enforceable unless evidenced in writing. Section 4 of the Statute of Frauds 1677 provides that contracts of guarantee are unenforceable if not evidenced in writing. This situation typically arises where A is, or may become, under a liability (in contract or in tort) to B. C then promises B (for consideration) that, if A does not discharge their liability, C will do so. C’s promise to B is not enforceable unless evidenced in writing. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 provides that contracts for the sale, or other disposition, of an interest in land must be made in writing. If such a ‘contract’ is not made in writing then it is void (and not merely unenforceable).
10. Third parties
Authors: Davies Paul S.
Published: September 2021

This chapter considers two principal questions: firstly, may a person who is not a party to a contract acquire rights under it? Secondly, can a contract impose duties on a person who is not a party to it? With some exceptions, the common law answered ‘No’ to both. A contract between A and B cannot be enforced by a third party, C, even if the contract is for the benefit of C. Nor can a contract between A and B impose burdens on C. Following the Contracts (Rights of Third Parties) Act 1999 there is now a statutory exception to the principle that C acquires no rights under a contract between A and B. Under this Act, a third party might be able to enforce a term of the contract if the contract expressly provides that they may, or if the relevant term purports to confer a benefit on them.
14. Rectification
Authors: Davies Paul S.
Published: September 2021

Rectification is an equitable remedy through which the court can rectify, or correct, a mistake in a written contract. This chapter examines two principal forms of rectification: common mistake rectification and unilateral mistake rectification. Rectification for common mistake arises where both parties make the same mistake. This is the better-established form of rectification. However, in some circumstances rectification for unilateral mistake will be granted in situations where only one party is mistaken but the other party has acted unconscionably or dishonestly. A party seeking rectification will need convincing proof that a mistake has been made before the court will contemplate altering the language chosen in a formal, written document.
17. Duress
Authors: Davies Paul S.
Published: September 2021

Duress occurs when B exerts illegitimate pressure upon A to enter into a contract, leaving A with no reasonable practical alternative but to enter into that contract. Duress is founded upon a threat made by B to A, but there is no tort of duress. However, duress will render a contract voidable. This chapter considers the two principal forms of duress. The first is physical act duress, where A’s physical integrity is threatened. The second is economic duress, where A’s economic interests are threatened. Particularly in the context of economic duress, it is important that the threats caused A to enter into the agreement, and that A had no reasonable alternative but to succumb to the threat. As a general rule, any threatened breach of contract can constitute illegitimate pressure. In some instances, even a threat to carry out a lawful act may, perhaps, ground a claim in duress.
26. Anticipatory breach of contract
Authors: Davies Paul S.
Published: September 2021

This chapter examines the doctrine of anticipatory breach, which occurs where, before the time comes for A to perform their part of the contract, A declares that A is not going to do so. This repudiation of the contractual obligation is itself a breach of contract. The innocent party may choose to either accept or reject an anticipatory breach. If they accept, the contract is terminated and the innocent party can sue for damages immediately. If the anticipatory breach is rejected, then the contract remains on foot. If the innocent party elects not to accept the breach and to keep the contract alive, then they may proceed to perform their side of the bargain and sue for the contract price. However, it appears that this action for the agreed sum, or action in debt, may not succeed if the innocent party had no ‘legitimate interest’ in taking such steps.
28. Agreed remedies
Authors: Davies Paul S.
Published: September 2021

This chapter focusses on remedies agreed by the parties for breach of contract. Parties may wish to include a term in the contract which dictates what should happen in the event of breach of contract. If the term states that a certain amount of money should be paid upon breach, that term might be valid as a liquidated damages clause or unenforceable as a penalty. If the amount chosen is a genuine pre-estimate of loss, or is ‘commercially justified’, then it is likely to be valid. If the defaulting party had already paid money to the innocent party as a deposit, the innocent party may be able to forfeit that deposit. A term stipulating that specific performance or an injunction will be granted upon breach will not bind the court. However, the court may take into account such a term when deciding whether to exercise its equitable discretion.
Constitutional Law, Administrative Law, and Human Rights
Authors: Loveland Ian
Published: September 2021

Constitutional Law, Administrative Law, and Human Rights provides an in-depth cross disciplinary introduction to the subject of public law, covering the core elements of a constitutional and administrative law syllabus. In addition, it explores the latest ongoing debates around potential constitutional reforms. The book draws heavily on historical sources and on ideas from political science and political theory as well as legal and social history. It also includes detailed coverage of the UK’s proposed departure from the European Union after the 2016 referendum and the subsequent Miller litigations, as well as the negotiations on the terms of departure. It looks at the polarised positions of ‘soft brexit’ and ‘hard brexit’ and examines what brexit might actually mean for the United Kingdom.
4. The classical and positivist traditions
Authors: Jones Stephen
Published: September 2021

This chapter discusses in detail the two major themes in the formation of criminological thinking. The tension between these two traditions has existed since the development of positivism in the nineteenth century and is still of considerable importance in present-day debates about crime and ‘law and order’. It is common to single out France as typifying all that was bad with the administration of the criminal law in pre-eighteenth-century Europe. France provided an extreme example of what passed as criminal ‘justice’ throughout most of Europe. It was generally believed that crime was the consequence of evil. In some cases, it was assumed that the Devil or demons had taken over individuals and directed them to perform wicked acts. Alternatively, people whose faith in God was weak might have yielded to temptation and made a pact with the Devil.
9. Conflict, Marxist and radical theories of crime
Authors: Jones Stephen
Published: September 2021

This chapter discusses the two contrasting views of society that have been repeatedly put forward through history. First is the consensus view, whereby it is claimed that society is based on a general consensus of values and that the state is operated in such a way as to protect this. Labelling theorists, such as Howard Becker, raised as a central issue the question, ‘Who makes the rules and why?’ This reflected a contrasting, conflict view of society, which recognises that society includes groups with competing values and interests. Unlike the consensus view, a conflict approach claims that the state does not uphold the interests of society as a whole, but only those of the groups that are powerful enough to control it. The best-known conflict theorist was Karl Marx, who argued that, in capitalist societies, the state is controlled by those who own the means of production.
Introduction—Criminology: its origins and research methods
Authors: Jones Stephen
Published: September 2021

This chapter discusses the origins of the term ‘criminology’, which emerged at the end of the nineteenth century because a group of theorists laid claim to systematic knowledge as to the nature of criminal behaviour, its causes and solutions. Prior to this, commentaries on crime largely arose out of other enterprises. At the beginning of the nineteenth century, the administration of criminal justice in most European countries had been influenced by the views of several writers whose approach, although differing in certain respects, has come to be referred to as ‘classicism’. The basic view as to the organisation of society adopted by the classicists was influenced by the social contract theories of Hobbes and Rousseau. Individuals agree to join together to form a society and there is a consensus within the society for the private ownership of property and the protection of its members from harm.
Evidence
Authors: Choo Andrew L-T
Published: September 2021

Andrew Choo’s Evidence provides an account of the core principles of the law of civil and criminal evidence in England and Wales. It also explores the fundamental rationales that underlie the law as a whole. The text explores current debates and draws on different jurisdictions to achieve a mix of critical and thought-provoking analysis. Where appropriate the text draws on comparative material and a variety of socio-legal, empirical, and non-legal material. This (sixth) edition takes account of revisions to the Criminal Procedure Rules, the Criminal Practice Directions, and the Police and Criminal Evidence Act Codes of Practice. It also examines in detail cases on various topics decided since the last edition was completed, or the significance of which has become clear since then, including:

• Addlesee v Dentons Europe llp (CA, 2019) (legal professional privilege)

• Birmingham City Council v Jones (CA, 2018) (standard of proof)

• R v B (E) (CA, 2017) (good character evidence)

• R v Brown (Nico) (CA, 2019) (hearsay evidence)

• R v C (CA, 2019) (hearsay evidence)

• R v Chauhan (CA, 2019) (submissions of ‘no case to answer’)

• R v Gabbai (Edward) (CA, 2019) (bad character evidence)

• R v Gillings (Keith) (CA, 2019) (bad character evidence)

• R v Hampson (Philip) (CA, 2018) (special measures directions)

• R v K (M) (CA, 2018) (burden of proof)

• R v Kiziltan (CA, 2017) (hearsay evidence)

• R v L (T) (CA, 2018) (entrapment)

• R v Reynolds (CA, 2019) (summing-up)

• R v S (CA, 2016) (hearsay evidence)

• R v SJ (CA, 2019) (expert evidence)

• R v Smith (Alec) (CA, 2020) (hearsay evidence)

• R v Stevens (Jack) (CA, 2020) (presumptions)

• R v Townsend (CA, 2020) (expert evidence)

• R v Twigg (CA, 2019) (improperly obtained evidence)

• R (Jet2.com Ltd) v CAA (CA, 2020) (legal professional privilege)

• R (Maughan) v Oxfordshire Senior Coroner (SC, 2020) (standard of proof)

• Serious Fraud Office v Eurasian Natural Resources Corpn Ltd (CA, 2018) (legal professional privilege)

• Shagang Shipping Co Ltd v HNA Group Co Ltd (SC, 2020) (foundational concepts; improperly obtained evidence)

• Stubbs v The Queen (PC, 2020) (identification evidence)

• Volaw Trust and Corporate Services Ltd v Office of the Comptroller of Taxes (PC, 2019) (privilege against self-incrimination)

• Volcafe Ltd v Cia Sud Americana de Vapores SA (SC, 2018) (burden of proof)
4. Confessions
Authors: Choo Andrew L-T
Published: September 2021

Chapter 4 examines the extent to which evidence of a confession by an accused person may be utilized by the prosecution at trial. It discusses confessions and miscarriages of justice; mandatory and discretionary exclusions; ‘tainting’ of subsequent confessions; warnings on account of ‘mental handicap’; withdrawal of the case from the jury; partly adverse statements; the use of confessions contravening section 76(2) of the Police and Criminal Evidence Act 1984; confessions admissible in evidence only against maker; use of a co-defendant’s confession by a defendant; the voir dire hearing; and reform of the law of confessions.
4. Governmental Structure
Authors: Schütze Robert
Published: September 2021

This chapter focuses on the internal composition, internal powers, and internal procedures of the European Commission, the Court of Justice of the European Union (CJEU), the European Central Bank (ECB), and the Court of Auditors. The Commission constituted the centre of the European Coal and Steel Community (ECSC), where it was ‘to ensure that the objectives set out in [that] Treaty [were] attained’. In guiding the European Union, it acts (together with the European Council) like the Union’s ‘government’. The CJEU constitutes the judicial branch of the European Union. However, it is not the only one to interpret and apply European law. From the very beginning, the European legal order intended to recruit national courts in the interpretation and application of European law. Meanwhile, the Treaty on the Functioning of the European Union (TFEU) defines the ‘primary objective’ of the European Central Bank as the maintenance of price stability. Finally, the Court of Auditors is staffed by accountants, whose primary task is to ‘carry out the Union’s audit’.
5. European Law I
Authors: Schütze Robert
Published: September 2021

This chapter assesses the doctrine of direct effect across the various sources of European law, starting with the direct effect of the European Treaties. The EU Treaties, as primary law, also envisage the adoption of European secondary law. This secondary law may take various forms. These forms are constitutionally defined in Article 288 TFEU, which sets out the Union’s legal instruments. The provision acknowledges three binding legal instruments—regulations, directives, and decisions—and two non-binding instruments. While regulations and decisions were considered Union acts that directly establish legal norms, directives appeared to be designed as indirect forms of legislation. Sadly, Article 288 TFEU is incomplete, for it only mentions the Union’s internal instruments. A fourth binding instrument indeed needs to be ‘read into’ the list: international agreements. Union agreements are not only binding upon the institutions of the Union, but also ‘on its Member States’. The chapter then analyses the doctrine of direct effects for international agreements.
13. Free Movement of Goods I
Authors: Schütze Robert
Published: September 2021

This chapter analyses the constitutional regime of ‘negative integration’ in the context of the free movement of goods. The free movement of goods has traditionally been the most progressive fundamental freedom within the internal market. The negative integration regime for goods is split over two sites within Part III of the Treaty on the Functioning of the European Union (TFEU). And with regard to goods, the EU Treaties further distinguish between fiscal restrictions and regulatory restrictions. The fiscal restrictions include pecuniary charges that are imposed on imports or exports (customs duties and discriminatory taxation), while the regulatory restrictions include non-tariff measures that limit market access by ‘regulatory’ means. The chapter then looks at possible justifications for such regulatory restrictions.
18. Internal Policies
Authors: Schütze Robert
Published: September 2021

This chapter provides an overview of four internal Union policy areas that have come to significantly affect the lives of European citizens. It begins by introducing the Union's Economic and Monetary Policy. This policy is not only responsible for the creation of a common European currency—the euro—which has become a leading world currency; it recently provoked enormous controversy over the powers of the European Union to interfere with national economic choices. The chapter then moves to ‘Social Policy’; this is an important internal policy for a continent that prides itself on being the ‘social continent’. It also explores the Treaty title on ‘Consumer Protection’, which has had an enormous impact on national contract laws. Finally, the chapter looks at the Union's regional or cohesion policy.
1. What’s it all about?
Authors: Wacks Raymond
Published: September 2021

This introductory chapter sets out the book’s scope and primary goals, and outlines some useful works on jurisprudence recommended by instructors in American law schools. It explains the central concerns of the subjects, distinguishing between descriptive legal theory, normative legal theory, and critical legal theory, and describes Lon Fuller’s entertaining hypothetical ‘Case of the Speluncean Explorers’, a popular launching pad for the comprehension of legal ideas. The important concept of the rule of law is discussed and analysed. There is an extended account of the controversial question of whether judicial review is undemocratic. The chapter concludes with an explanation of the point of legal theory.
13. Critical legal theory
Authors: Wacks Raymond
Published: September 2021

Critical legal theory rejects what is generally regarded as the natural order of things, be it the free market (in the case of Critical Legal Studies), ‘meta-narratives’ (postmodernism), the conception of ‘race’ (Critical Race Theory), and patriarchy (in the case of feminist jurisprudence). Critical legal theorists share a profound scepticism about many of the questions that have long been regarded as at the core of legal theory. This chapter touches on the first three of these movements. It first discusses the development of critical legal studies and then turns to postmodern legal theory, considering the views of Jacques Lacan, Jacques Derrida, Michel Foucault, and Jürgen Habermas. It then outlines the principal claims of Critical Race Theory (CRT), and considers the relationships between CRT and feminist theory and CRT and postmodernism.
14. Feminist theory
Authors: Wacks Raymond
Published: September 2021

Many of the theories discussed in the previous chapters neglect or even ignore the position of women in society, and how they are treated by the law, the legal system, and other aspects of social, economic, and political life. Feminist writers have, in various ways, sought to correct this imbalance or prejudice. This chapter examines several key elements of feminist legal theories, and explores the origins of feminism; legal feminisms (liberal feminism, radical feminism, postmodern feminism, and difference feminism) and their impact on legal philosophy. It discusses the enormous literature on the subject, and its criticism of conventional jurisprudence.
Street on Torts
Authors: Witting Christian
Published: September 2021

Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject, including examination of protected interests in tort and the history of this branch of law beginning with the ancient trespass torts. Part II looks at negligent infringements of the person, property and financial interests, as well as examining the liability in negligence of public authorities. Part III looks at intentional invasions of interests in the person and property. Part IV looks at misrepresentation-based and general economic torts. Part V is about torts of strict or stricter liability (that is, where fault plays either no part or a lesser part in liability decisions) and includes consideration of nuisance and product liability. Part VI considers interests in reputation (ie defamation). Part VII is about actions in privacy. Part VIII looks at the misuse of process and public powers. The final part, Part IX, is about vicarious liability, parties, and remedies.
8. Defences to negligence
Authors: Witting Christian
Published: September 2021

This chapter examines several defences in negligence cases, including contributory negligence (failing to take care of your own interests), voluntary assumption of risk, express exclusion or limitation of liability, and illegality (a plea by the defendant that the claimant should not be able to make a claim because the claim requires reference to the claimant’s own illegal acts). It explains that the plea of voluntary assumption of risk and the defences of express exclusion of liability and illegality can help the defendant reduce liability or avoid liability altogether. The chapter notes that contributory negligence is by far the most important of these defences in practical terms.
10. Trespass to the person and related torts
Authors: Witting Christian
Published: September 2021

This chapter examines the protection afforded by tort law against trespass to the person and infringements of personal interests. It discusses the elements of the torts of battery, assault, and false imprisonment, which all derive from medieval tort law and are characterised by the need for direct interference (but there is no need to prove damage because the torts are actionable per se). Compensation in these cases is for damage suffered and/or the interference with what are considered to be important dignitary interests. The chapter considers also the newer tort of intentional infliction of physical harm and the provisions of the Protection from Harassment Act of 1997.
14. False representations
Authors: Witting Christian
Published: September 2021

This chapter examines the protection provided by tort law against false representations which cause the claimant to suffer some kind of financial loss (which is why they frequently are seen as falling within the category of economic torts). The chapter discusses the principal elements of three different types of false representation case, these being: deceit (based on an inducement by the defendant that the claimant rely on the statement even though the defendant was at least reckless as to its truth), passing off (based on deception of the claimant’s customers), and malicious falsehood (usually based on disparagement of the claimant’s goods).
15. The general ‘economic’ torts
Authors: Witting Christian
Published: September 2021

This chapter explains the five general economic torts: inducing breach of contract, causing loss by unlawful means (after OBG v Allan), lawful means conspiracy, unlawful means conspiracy (after Total Network v Revenue and Customs Commissioners as well as JSC BTA Bank v Ablyazov), and intimidation. The chapter notes that what binds these torts together is their focus on the element of intention and causation of loss, as well as the tendency of the courts to apply them in business and other financial settings. Otherwise, the torts are quite disparate in their operation. It is argued that some of the torts should be seen as applicable outside the dominant setting, in part where they reflect general principles of responsibility for harm causation.
16. Product liability
Authors: Witting Christian
Published: September 2021

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