bluuebunny/crossref_metadata_2025 huggingface dataset:
3. Environmental values, principles, and rights
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter focuses on the complexity of environmental problems, which is one of its defining characteristics in the sense that there are often many interconnected, variable elements to the problem. It considers the interaction between values and environmental law, which involves some reflection on differing attitudes to the environment. The chapter examines some of the ways in which these values are translated into environmental principles, such as the goal of sustainable development or the Precautionary Principle; it then goes on to consider the question of whether these principles have legal status in the sense that they create legally enforceable rights and duties. Finally, it considers broader questions of environmental justice and the role of different types of rights in environmental protection.
9. Public participation
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter deals with public participation in environmental law and policy. Over recent years, there have been significant moves towards increasing both the quantity and quality of public participation in many different areas of environmental decision-making. The exact nature of public participation can take many forms, but the chapter concentrates on access to information on the environment and public participation in environmental decision-making. It also looks at some of the reasons for giving greater access to environmental information; the types of environmental information that are available; the use of environmental information as a regulatory instrument; international and European initiatives; and past, present, and future approaches to access to environmental information in the UK.
16. Contaminated land
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter considers the set of laws introduced to address the patchy nature of pre-existing regimes. Although its focus is relatively narrow—that is, on the regulation of the clean-up of historically contaminated land—it is always important to bear in mind that the basic building blocks of statutory liability for cleaning up pollution can often be found in subject-specific legislation. The focus on the clean-up of contamination caused by historical sources presents a number of significant challenges, such as when should clean-up be required, to what level, and for what purposes. The most significant of all of these issues, however, is the identification of the party, or parties, responsible for paying the consequences of historic pollution.
17. Water pollution and water quality
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter is concerned with the quality of the water environment. Considering that there are well-developed bodies of law at national, European, and international levels, all covering different ground, this is a major topic. The focus here, however, is on the control of pollution of inland and coastal waters; wider issues about water resource management, such as land drainage or flood defence, are not covered in any detail. The various forms of water pollutants are discussed here, as are as their sources and effects. The abstraction of water from the natural environment is only discussed in so far as this has an impact on water quality.
1. Foundations and structure of international law
Authors: Henriksen Anders
Published: August 2017

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.
8. The international law of the sea
Authors: Henriksen Anders
Published: August 2017

The international law of the sea is one of the oldest disciplines of public international law. In fact, the identification and application of principles for governing the roughly 70 per cent of the earth's surface that consists of water has been a topic of interest for centuries. This chapter deals with the main principles and rules that make up the international legal regulation of the seas. It begins by discussing the most important legal sources in the law of the sea, including the 1982 United Nations Law of the Sea Convention. It then discusses the spatial partitioning of the sea and the different maritime zones that exist in the law of the sea; examines a number of selected issues relating to the conservation of marine life; and discusses the protection of the marine environment. The final section provides a short introduction to dispute settlement in the law of the sea.
12. The peaceful settlement of disputes
Authors: Henriksen Anders
Published: August 2017

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court's jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court's decisions; the relationship between the Court and the UN Security Council; and the Court's competence to issue advisory opinions.
15. International criminal law
Authors: Henriksen Anders
Published: August 2017

This chapter looks at the purposes and principles of international criminal law. International criminal law seeks to ensure that perpetrators of certain heinous acts are criminally liable for their act, either before national or international criminal courts or tribunals. It is a fairly recent addition to international law and it was not until after the end of the Second World War that it became accepted that international law authorizes the criminal prosecution of individual perpetrators of serious offences. The chapter begins by discussing the most important sources of international criminal law. It then examines the prosecution of international crimes before international criminal courts, including the conditions for prosecuting suspected international criminals before the International Criminal Court. It also discusses the national prosecution of international crimes and the obligation found in a number of conventions to criminalize and prosecute certain conduct.
6. Revocation
Authors: Sloan Brian
Published: August 2017

This chapter considers the concept of revocation. Revocation is literally the action of ‘calling back’, in the sense of rescinding or annulling. It is a fundamental characteristic of wills that they are revocable wholly or partially at any time before a testator's death. The chapter also considers topics related to revocation: alterations, revival, and republication. A will may be revoked by four different methods: by marriage or civil partnership; by another will or codicil; by a duly executed writing; and by destruction. Revocation by marriage is governed by s. 18 of the Wills Act 1837. A testamentary gift to a spouse will fail if the marriage/civil partnership subsequently ends in divorce/dissolution or nullity, but strictly this is not a method of revocation.
9. Family Provision
Authors: Sloan Brian
Published: August 2017

This chapter addresses family provision. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain persons can apply for financial provision out of the deceased's estate on the grounds that the deceased's will or intestacy (or a combination of the two) does not make reasonable financial provision for the applicant. The persons entitled to apply are the deceased's surviving spouse or civil partner, former spouses or civil partners who have not remarried or entered a subsequent civil partnership, children, children of the family, dependants, and cohabitants. The remainder of the chapter covers the powers of court to make orders; the ‘matters’ which the court must take into account in applications for an order under the 1975 Act; and anti-avoidance provisions of the 1975 Act.
10. Alternative Succession
Authors: Sloan Brian
Published: August 2017

This chapter is concerned with the various ways in which succession to property may occur on death, other than by intestacy or by a will executed under s. 9 of the Wills Act 1837. The subject matter can be divided for the purposes of exposition broadly into two categories: alternative wills, and alternative entitlement. Alternative wills include privileged wills and statutory wills. Alternative entitlement includes nominations, donatio mortis causa, constructive trusts, and proprietary estoppel. Many of the alternative succession mechanisms considered in the chapter are potentially difficult. Most of them are by definition exceptions to the formality requirements considered in Chapter 5. That said, most mechanisms of ‘alternative’ succession have a clear rationale and are appropriately contained.
8. Variation, breach, and termination of employment
Authors: Jefferson Michael
Published: August 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses variations of terms and conditions of employment. Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment. In order to justify summary dismissal the employee must be in breach of an important express or implied term of the contract.
12. Trade unions: recognition, collective bargaining, and industrial action
Authors: Jefferson Michael
Published: August 2017

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The chapter discusses the law on trade unions. Topics covered include independence and recognition; the legal enforceability of collective agreements; disclosure of information for collective bargaining; protection for trade unionists; statutory immunity in tort for various types of industrial action.
5. The UK Parliament
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter focuses on three principal issues concerning the UK Parliament. First, it addresses the democratic credentials of Parliament. Second, it considers Parliament’s legislative role. Third, it examines Parliament’s powers. The chapter shows that, at least in constitutional theory, Parliament is ‘sovereign’, meaning that its authority to legislate is legally unlimited, and considers why this is, whether it is acceptable, and whether the notion of parliamentary sovereignty remains accurate today.
7. Devolution and the Territorial Constitution
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter focuses on the UK’s territorial constitution, that is, the governance arrangements that result in power being dispersed rather than concentrated in a single set of national institutions. Devolution involved creating new governments in Scotland, Northern Ireland, and Wales, and investing them with powers that were previously exercised at a UK level. Devolution in the UK is therefore intended to be part of the answer to questions that must be confronted in all political systems: where should governmental power lie? And at what level should laws be enacted and the business of government transacted? Local government plays a key role in decision-making, policy formulation, and the delivery of public services across a wide range of areas, including education, housing, personal social services, transport, and planning control.
12. The Grounds of Judicial Review
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter discusses the grounds upon which it is possible to challenge administrative decisions by way of judicial review, and shows that there are many and varied grounds on which courts may review decisions taken by public bodies. A notable theme in this area concerns the deepening, in recent years, of judicial scrutiny of the executive. New grounds of review—such as legitimate expectation and proportionality—have emerged, often involving a greater degree of judicial oversight of executive decisions than has traditionally existed.
21. Policing—Powers, Accountability, and Governance
Authors: Elliott Mark , Thomas Robert
Published: August 2017

This chapter is concerned with three key constitutional issues relating to policing. First, it considers the extent and limits of the powers of the police—and, correlatively, the relevant rights of individuals. Second, it examines the arrangements for overseeing the police and holding it to account. Third, it addresses police governance, including the recent introduction of Police and Crime Commissioners and the balance between political direction and police independence.
1. The Nature of English Law
Authors: Jones Lucy
Published: August 2017

This chapter first explains the meaning of law. It then discusses the historical development and characteristics of English law, and the different types of law (public law, private law, criminal law, and civil law). Laws are rules and regulations which govern the activities of persons within a country. In England and Wales, laws are composed of three main elements: legislation which is created through Parliament, common law, and, until the UK leaves the EU, directly enforceable EU law. This chapter also considers the terminology used for criminal prosecutions and civil actions, and outlines the legal profession in England and Wales.
3. Sources of English Law
Authors: Jones Lucy
Published: August 2017

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter discusses the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.
14. Discrimination and Health and Safety
Authors: Jones Lucy
Published: August 2017

This chapter considers the employment law aspects of discrimination and health and safety. It discusses the meaning of the protected characteristics which were brought together under the Equality Act 2010 and considers prohibited conduct under the Act. It explains the difference between direct and indirect discrimination and when direct discrimination can be justified. The chapter discusses the difference between positive action and positive discrimination and the interaction between protected characteristics and prohibited conduct. It also explains the law relating to harassment and victimisation. The chapter concludes with a discussion of the law covering health and safety in the workplace, looking at both criminal law and civil law.
15. Business Organisations
Authors: Jones Lucy
Published: August 2017

This chapter discusses the common types of business organisations and explains the difference between unincorporated and incorporated businesses. The three types of partnership arrangements are considered, namely a general (ordinary) partnership, a limited partnership, and a limited liability partnership. The chapter includes discussion of the rules relating to partnerships under the Partnership Act 1890 and the Limited Liability Partnership Act 2000. It explains how different types of partnerships may be set up and looks at the relationship between partners and the relationship between partnerships and outsiders. It considers the dissolution of the different types of partnerships. The chapter concludes with a discussion of the different types of companies and the separate legal personality of companies.
6. Parliament: Scrutiny of Policy and Administration
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the role, policy, and administration of Parliament. It focuses on the House of Commons, exploring the principles of ministerial responsibility and the accountability of the government to Parliament. The chapter describes various procedures and reforms of select committees and looks at activities on the floor of the House of Commons. It also considers reforms seeking to rebalance power between Parliament and the Executive, and to enhance the contribution of back-bench MPs.
7. Parliament: Law-making
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter discusses law-making. First, it considers the types of legislative measures; and then methods of control used before and during their consideration by Parliament including consultation; pre- and post-legislative review; and judicial review of delegated legislation.
9. Human Rights
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with the area of human rights. It considers the European Convention on Human Rights and its incorporation into domestic law by the Human Rights Act 1998. The chapter examines the implications of the Human Rights Act and how it operates in practice. It analyses the extent of its application between private litigants and courts' interpretation of legislation under the duty of making an interpretation, so far as is possible, which is compatible with the European Convention but which may result in a declaration of incompatibility.
10. Judicial Review: The Grounds
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter introduces the nature and constitutional role of judicial review. It then examines the various grounds of review, which have been placed in three classes: illegality, procedural impropriety, and irrationality. The chapter also discusses the substantive aspect of legitimate expectations and the relationship between irrationality and proportionality in pure domestic law.
Tort Law
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Tort Law: Text, Cases, and Materials combines incisive commentary with carefully selected extracts from primary and secondary materials to provide a balance of support and encouragement. This volume starts by introducing the fundamental principles of the subject before moving on to discuss more challenging issues, hoping to encourage a full understanding of the subject and an appreciation of the more complex debates surrounding the law of tort. The text starts by providing an overview. Various torts are then arranged along a spectrum from intentional torts, through negligence, to stricter liabilities. Also considered are issues relating to damages, compensation, limitation, and vicarious liability. After introducing intentional torts, the book looks at the tort of negligence. Chapters also cover nuisance and duties relating to land and defamation and privacy. Finally, stricter liabilities are examined such as product liability.
4. Causation Problems
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines some of the most challenging problems of causation, all of which concern multiple potential causes. It first considers issues relating to ‘material contribution to damage’, and whether a given breach has materially contributed to the risk of injury. It then discusses the idea of loss of chance as well as the controversy surrounding uncertainty, single agents, and apportionment and non-tortious sources with respect to causation. A number of relevant cases are considered, including Fairchild v Glenhaven Funeral Services Ltd [2002], Barker v Corus [2006], Durham v BAI (the ‘Trigger’ Litigation) [2012], IEG v Zurich (2015), and Gregg v Scott [2005].
8. Damages, Compensation, and Responsibility
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with remedies, particularly monetary remedies, and remedial issues in relation to torts. Before discussing compensation and responsibility, it first considers the heads of loss for which damages in tort may be awarded, and some serious conceptual difficulties involved with this. It then looks at the potential for non-compensatory awards and the challenge to tort law represented by the growth of damages under the Human Rights Act 1998. It also assesses recent developments with respect to the assessment and delivery of damages, the funding of litigation, and the relationship between tort damages and welfare support.
8. Interactionism and phenomenology
Authors: Jones Stephen
Published: August 2017

This chapter focuses on two alternative hypotheses regarding crime and criminal behaviour. The first, based on interactionism, is that crime is not an objective entity, but a consequence of social processes that occur in societies made up of different value systems, and in which particular individuals are able to influence both the actual and perceived status of others. As the name suggests, interactionism refers to the processes by which people come to react to their own self-image, their view of others, and their perception of how others see them, as well as the settings in which they meet or interact with others. The second, based on phenomenology, is that it is impossible to impose meaning on the behaviour of others and that the only function of a ‘scientific’ researcher can be to provide an adequate account of the meaning of behaviour for the actors themselves. Phenomenology is a German philosophy developed during the 1950s by Harold Garfinkel.
9. Conflict, Marxist and radical theories of crime
Authors: Jones Stephen
Published: August 2017

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.
8. Finding books, journals, and official publications
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

There are a range of important sources of law beyond legislation and case law. These are materials that provide information on the content, meaning, and operation of the law and help students in their quest to understand the law. This chapter explains how to how to find these important supplementary resources. It covers books, journals, official publications, Halsbury's Laws of England, Bills, and Hansard (Official Reports of Parliamentary Debates).
11. Legal reasoning and ethics
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter provides an introduction to legal reasoning. It first outlines the skills to analyze how judges decide cases. There are various points of view that judges can (and do) take in deciding the outcomes of cases, so the chapter introduces some of the theory behind judicial reasoning before moving on to show how judges reason in practice, how one case can give rise to multiple judgments, and the importance of legal ethics.
17. Presentation skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter draws upon some of the material covered in previous sections of the book that focused upon helping students locate and understand the law in order to prepare and deliver an effective oral presentation. It starts by outlining some guidelines on preparing a presentation, including selecting an appropriate topic and making decisions about the use of supplementary materials such as handouts or PowerPoint slides. It then considers issues relating to the delivery of the presentation, including matters such as timing, combating nerves, and engaging the interest of the audience.
1. Introduction
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This introductory chapter begins by providing examples of torts. It then discusses the aims of the law of torts, the most significant being compensation and deterrence. Part of the justification for a tort is that it identifies what actions should be avoided and deters people from engaging in them. It is essential to know that action is wrongful, but a tort action may over-deter or under-deter. It may over-deter where the perception of the chance of liability is exaggerated. It may under-deter where either the chances of somebody suing to enforce their rights are small, or where the consequences to the individual tortfeasor may be slight. Originally tort was about ‘shifting’ or ‘transferring’ the loss from the victim to the defendant (corrective justice). The defendant themselves paid compensation to the victim. However, those days are gone and we are now in an era of ‘loss distribution’. In other words, it is not the defendant himself who pays, but it will be their, or their employer’s, insurer. The chapter then considers the study of torts. Tort law is almost wholly a case-driven subject and therefore a good knowledge of the cases and what they stand for is essential. The chapter presents three steps to studying cases.
9. Defences to negligence
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter considers three defences. It begins with a discussion of the principle of contributory negligence. It presents cases showing that the rules for establishing contributory negligence on the part of the claimant are not the same as the rules for establishing liability for negligence on the part of the defendant. It then turns to voluntary assumption of the risk or consent (sometimes referred to as volenti non fit injuria) which provides a complete defence to an action. The defence is based on the view that a person cannot sue if he consents to the risk of damage. Finally, the chapter considers the defence of illegality, which arises when the tortious action is in the context of the claimant’s and/or defendant’s participation in an unlawful act.
9. Causation and remoteness of damage
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses the final ‘hurdle’ for the claimant to overcome in the tort of negligence—causation. The claimant must prove that their injuries were caused by the defendant’s actions in both fact and law. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Tests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to the defendant at the time of the negligence). It is the type of harm that must be foreseeable, not its extent. The last part of the test is to ask whether any intervening acts (acts that occurred after the defendant’s breach) broke the chain of causation. If so, the defendant will not be liable.
18. Trespass to land and nuisance
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, have recently been clarified by the Supreme Court in Coventry v Lawrence.
5. Human Rights Act 1998
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter examines the Human Rights Act 1998 (HRA) and discusses some of the important issues that arise from its use. It also provides an overview of relevant articles in the European Convention on Human Rights (ECHR). The HRA 1998 is quite a short Act and its key parts are in a small number of sections. Perhaps the most important is that of s 6 which places an obligation on public authorities to act in a way compatible with the ECHR, and s 7 which prescribes how it can be used to obtain a remedy in the courts. This chapter also links to the previous chapters in terms of discussing how the Act is interpreted.
8. Staffing and Appointments to the Courts and Tribunals
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter provides an introduction to the courts and tribunals judiciary. It discusses the judicial office, judicial appointments, judicial diversity, and judicial training. There are different levels of judges within the courts and tribunals, with the senior judiciary comprising the Lord Chief Justice and Heads of Division. The Lord Chief Justice is the Head of the Judiciary. The Head of the Tribunals is the Senior President of the Tribunals. There are also part-time members of the judiciary known either as district judges, recorders, or Deputy High Court Judges depending on which court they sit in. This chapter assesses the similarities and differences between the court judiciary and tribunal judiciary.
11. Access to the Law
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter examines the key issues surrounding the funding of litigation and how this impacts upon access to justice. It begins with a discussion of the concept of legal aid. It then covers the administration of legal aid; civil legal aid; criminal legal aid; legal aid and human rights; and alternative funding arrangements. Legal aid has become an increasingly political issue with many politicians believing that public money should not be spent on lawyers. The latest change in legal aid includes the fact that legal aid is withdrawn from significant forms of civil litigation. Non-legal organizations also operate in the provision of legal advice, including universities through the provision of law clinics.
14. Those in Court
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter focuses on the people who are present during criminal trials. It considers those in summary trials in magistrates’ court (magistrates, justices’ clerks/legal advisors, lawyers, and the defendant). It also considers those who are present in the Crown Court during a trial on indictment (the judge, the jury, lawyers, court clerks, the stenographer, the usher, and the defendant).
16. Criminal Appeals
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter examines under what circumstances someone is entitled to appeal and how that appeal is heard. The discussions cover summary trials or trials on indictment; appeals from a summary trial; appeal from a trial on indictment; appeal following an acquittal; appeal against sentence; appeals to the Supreme Court; and the Criminal Cases Review Commission. The paths of appeals differ depending on the mode of trial of the original criminal hearing. There are two potential criminal appeal avenues from a summary trial: either to the Divisional Court (by way of case stated or (exceptionally) judicial review) or to the Crown Court. An appeal ordinarily requires leave (permission) but appealing to the Crown Court from the magistrates’ court does not require leave.
Information Technology Law
Authors: Lloyd Ian J.
Published: August 2017

Information Technology Law provides a thorough account of information technology (IT) law. The volume looks at the subject in a wide context, examining the legal response to the latest IT-related developments within society, bringing the law to life and examining how legal issues in IT can affect everyone. This title considers issues in IT law on European and international scales, providing a realistic overview of how the law in this area operates globally and encouraging further thought and investigation about the current issues within IT law. The eighth edition covers major new legislation in this field, including the Investigatory Powers Bill and its proposed impact and scope; the rise in online fraud in the context of the Computer Misuse Act; discussion of personal data in the light of recent high-profile security breaches and new EU directives; new legislation introduced in response to the issue of revenge pornography; updated coverage of patent law, copy protection, and digital rights management; discussion of the Consumer Rights Act 2015 with regards to digital products and content; and consideration of new cases in all areas of the law.
3. The scope of data protection
Authors: Lloyd Ian J.
Published: August 2017

This chapter examines the core concepts which define the scope of data protection legislation. These include the concept of personal data; issues of identification; the concept of processing; non-automated filing systems; data protection actors: data controllers, data processors, and data subjects; and application of the Data Protection Act 1984.
14. Key elements of the patent system
Authors: Lloyd Ian J.
Published: August 2017

This chapter considers in general terms the nature and manner of operation of the patent system. Topics discussed include international patent protection systems (Patent Co-operation Treaty, European Patent Convention, the unitary patent, and intellectual property in the GATS and WTO); requirements for patentability (novelty, inventive step, capacity for industrial application); matters excluded from patent protection; patenting software; and the process of obtaining and enforcing a patent.
2. Taking instructions and other initial matters
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter begins with a look at the process of initial interviews with clients. At the start of any transaction it is important to establish a good working relationship with the client. The first interview marks the perfect time to do this, for it gives practitioners the opportunity to instil confidence in the client of their abilities as a conveyancer. The chapter then deals with estate agents; client care and advice on costs; advice on co-ownership; advice on finance; advice on survey; Law Society Conveyancing Protocol; professional conduct; and considerations for acting for either seller or buyer.
7. The purchase deed and mortgage
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

The principal purpose of the purchase deed is to transfer the legal estate in the property from the seller to the buyer. The transfer of a legal estate is void unless it is made by deed. This chapter discusses types of purchase deed; joint representation of borrower and lender; commercial mortgages; the mortgage deed; and post-completion steps; and mortgage fraud.
12. Responding to a claim
Authors: Sime Stuart
Published: August 2017

This chapter discusses the procedure for defendants responding to the claim. A defendant who intends to contest proceedings must respond to the claim by filing an acknowledgment of service and/or by filing a defence. Defended claims become subject to the court’s case management system, with the court making provisional track allocation decisions, followed by the parties filing directions questionnaires. If a defendant fails to make any response to a claim a default judgment is usually entered within a relatively short period after service.
16. Costs management
Authors: Sime Stuart
Published: August 2017

Costs management refers to the procedures used by the courts to manage the steps to be taken in civil proceedings while also managing the costs to be incurred by the parties in taking those steps to ensure that litigation is conducted at proportionate cost. This chapter discusses the elements of costs management; cases governed by costs management; costs management orders; costs budgets and case management; judicial control of costs budgets; and impact on costs orders.
22. Amendment
Authors: Sime Stuart
Published: August 2017

Changes in the parties’ knowledge of a case as it progresses and straightforward drafting errors make it necessary on occasion to make amendments to the statements of case. This chapter discusses amendment by consent; amendment without permission; principles governing permission to amend; amendment after the expiry of the limitation period; and procedure on amending.
27. Small claims track
Authors: Sime Stuart
Published: August 2017

The Civil Procedure Rules 1998 (CPR) provide for the allocation of claims with a limited financial value to what is known as the small claims track. This is intended to provide a streamlined procedure with limited pre-trial preparation, with very restricted rules on the recovery of costs from the losing party, and without the strict rules of evidence. It is appropriate for the most straightforward types of cases, such as consumer disputes, accident claims where the injuries suffered are not very serious, disputes about the ownership of goods, and landlord and tenant cases other than claims for possession. This chapter discusses provisions of the CPR that do not apply; standard and special directions of the court; determination without a hearing; final hearings in small claims track cases; cost restrictions for claims allocated to the small claims track; and rehearings.
33. Hearsay
Authors: Sime Stuart
Published: August 2017

This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.
34. Admissions and documentary evidence
Authors: Sime Stuart
Published: August 2017

This chapter discusses the rules relating to the proof of admissions and documents at trial. It covers the nature of admissions; pre-action admissions of liability; permission to withdraw an admission; notice to admit facts; and proving documents.
44. Search orders
Authors: Sime Stuart
Published: August 2017

This chapter discusses the rules for search orders. A search order is a bundle of interim orders which require the respondent to admit another party to premises for the purpose of preserving evidence which might otherwise be destroyed or concealed by the respondent. Search orders are principally, but not exclusively, used in intellectual property claims against defendants who are likely to destroy incriminating evidence rather than disclose it voluntarily under standard disclosure.
3. An outline of a conveyancing transaction
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter explains the process of conveyancing as a whole through an outline of a typical conveyancing transaction. It describes a transaction in outline; energy performance certificates; the Land Registry Portal; and the Law Society’s Conveyancing Quality Scheme; and the future of conveyancing.
16. Leaseholds
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter first examines some of the more commonly encountered elements or clauses in most leases. Essentially, it sets out what one might expect to see in a lease of either residential or commercial property. The discussions then turn to the Council of Mortgage Lenders’ Handbook for Solicitors and Licensed Conveyancers England and Wales; defective leases; liability on covenants in leases: enforcement; granting new leases; existing leases; and enfranchisement.
17. New properties
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter discusses issues relating to the sale of new properties. It covers acting for a developer or buyer, road and sewer agreements, structural defects insurance, and synchronizing completion of a related sale when acting for the buyer of new property.
3. Costs information to the client and funding option
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

Legal representatives are obliged to give clients the best information possible about the likely costs of pursuing and ultimately resolving disputes, as well as discussing with the client the best way of funding the action. This funding advice is inextricably linked to a legal representative’s professional conduct duties highlighted in the Solicitors’ Regulation Authority (SRA) Code of Conduct 2011. This chapter focuses on the information clients need to know about costs in accordance with the SRA Handbook’s Principles and its Chapter One on Client Care in the Code; and the different types of funding options available that may, or may not be offered to a client, including important 2013 changes.
6. Capital gains tax
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

Capital gains tax (CGT) is charged on the gain (or increase in value) which is realised when a chargeable asset is disposed of. The statute which sets out all the rules relating to this is the Taxation of Chargeable Gains Tax Act 1992 (TCGA). This chapter discusses the principles of CGT; persons liable for CGT; disposal of assets; chargeable assets; calculation of CGT; the rate of CGT; capital losses; rebasing of assets owned before 31 March 1982; exemptions and reliefs; and death of a taxpayer.
15. Post-grant practice
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

This chapter discusses the law and practice relating to the administration and winding up of an estate once the court has issued the grant. It considers the duties and powers of personal representatives; administering the estate; and distributing the estate.
12. Prosecuting Summary Offences
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

A summary trial will be held where a defendant pleads not guilty to a summary-only offence or pleads not guilty to an either-way offence where the magistrates’ court has accepted jurisdiction to try the offence at the allocation hearing and the defendant has consented to summary trial. This chapter deals with the steps in preparing for a summary trial. It considers pleading guilty by post; the circumstances in which a defendant can be summarily tried in her absence; the rules governing the drafting of a written charge/information; the pre-trial disclosure of evidence in a summary case; case management; the steps when preparing for summary trial; and the procedure at a summary trial on a not guilty plea.
14. Trial Before the Crown Court
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter considers the procedural and practical steps at a trial on indictment. It examines the rules dealing with the indictment; supporting counsel at trial; empanelling the jury; the presentation of the prosecution and defence cases; the judge’s summing-up; and the jury’s verdict.
19. Character Evidence and the Accused as a Witness at Trial
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter examines the evidential rules that apply to the defendant at trial. These include the defendant’s competence and compellability; the course of the defendant’s evidence; drawing an adverse inference under s. 35 Criminal Justice and Public Order Act 1994 from the defendant’s silence at trial; disclosure of a defendant’s past character; and arguments for and against the defendant giving evidence.
20. Private Privilege
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

The term ‘private privilege’ relates to separate privileges that prevent evidence from being disclosed in litigation, or witnesses from being compelled to answer questions at trial. In a criminal case, privilege may be claimed in two situations: legal professional privilege and the privilege against self-incrimination. This chapter discusses legal professional privilege in criminal cases; legal professional privilege and the courts; waiving legal professional privilege; the privilege against self-incrimination; and the privilege against self-incrimination and the European Convention on Human Rights 1950.
21. Sentencing Procedure and the General Principles of Sentencing
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter explains the procedure on passing sentence and the general principles that govern a court’s decision when passing sentence. It discusses the role of the Crow Prosecution Service (CPS) on sentence; the procedure on sentencing; hierarchy of sentences; sentencing aims; the basis of sentencing under the Criminal Justice Act 2003; Sentencing Council for England and Wales; sentencing guidelines in the Crown Court; how the defence solicitor assesses the seriousness of an offence; Magistrates’ Court Sentencing Guidelines (MCSGs); personal offender mitigation; discount for timely guilty pleas; the Crown Court’s sentencing powers; victim impact statements; and taking other offences into consideration.