bluuebunny/crossref_metadata_2025 huggingface dataset:
3. Confessions, and the defendant’s pre-trial silence
Authors: Spencer Maureen , Spencer John
Published: September 2022

This chapter focuses on confessions and on the defendant’s pre-trial silence. It explains how a defendant may be convicted on the evidence of a confession alone. It analyses the definition of a confession as specified in s82(1) of the Police and Criminal Evidence Act 1984 (PACE), and how a confession proffered by the prosecution or by a co-defendant may be excluded by rule under PACE. The chapter also considers the preservation of the common law discretion to exclude confession evidence as well as the procedure for police interrogation of suspects under PACE. It examines recent case law on the significance of lack of access to legal advice of a suspect under interrogation. It concludes with an examination of how the jury at trial may draw an inference of guilt under ss34, 36, and 37 of the Criminal Justice and Public Order Act 1994 (CJPO), sections which have eroded the right to silence. The influence of the Strasbourg jurisprudence in this area is outlined.
10. Public interest immunity
Authors: Spencer Maureen , Spencer John
Published: September 2022

This chapter first explains exclusion of evidence on the grounds of the public interest immunity (PII) doctrine in relation to the public interest in non-disclosure of documents. The chapter examines areas of public interest that are covered by possible PII claims. These include national security, defence and foreign policy, protection of children, the identity of police informers, and confidential records held by public bodies. The difference between PII and closed material procedures (CMPs) is outlined. The chapter, concentrating on civil cases, lists the landmarks in the evolution of the common law doctrine. It considers the extent which it has been influenced by the Strasbourg jurisprudence. Attention is given to the role of national security matters in the evolution of the law.
4. Unregistered land
Authors: Sayles Victoria
Published: September 2022

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 unregistered land. This is land where title has not been registered at the Land Registry. Proof of ownership comes from an examination of title deeds relating to that land. Identification of any third party proprietary interests burdening a piece of unregistered land cannot be discovered by a search of the land register. Rather, an examination of the title documents and various registers is required to discover their existence. The most important is a search of the Land Charges Register which is made against the names of previous owners, not the property address. Legal interests over unregistered land bind the world, with the exception of the puisne mortgage, which requires registration as a land charge to be binding. Interests covered by the Land Charges Act 1972 must be registered as the appropriate land charge to bind a purchaser. Failure to register such an interest appropriately means that the interest will not bind certain types of purchasers of the land.
5. The freehold estate
Authors: Sayles Victoria
Published: September 2022

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 the freehold estate. The freehold estate is the larger of the two estates in land that has legal capacity and a person who holds a freehold estate over land is tantamount to being the owner of that land. The legal freehold estate is technically known as the fee simple absolute in possession and the characteristics of a legal freehold estate can be found from interpreting this technical definition. A contract for the transfer of a freehold estate must meet the requirements under s 2 Law of Property (Miscellaneous Provisions) Act 1989. A valid and specifically enforceable contract for the transfer of a freehold estate will give the purchaser an equitable interest in the land to be purchased, known as an estate contract.
11. Licences and proprietary estoppel
Authors: Sayles Victoria
Published: September 2022

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 licences. A licence is permission given by the licensor to the licensee to allow the latter to enter the land of the former, which, without such permission, would otherwise amount to a trespass. Different types of licences have different rules in relation to the original parties and successors in title. A bare licence is revocable by the licensor and does not bind a third party. A licence coupled with an interest, i.e. a profit à prendre, may be irrevocable and may bind a third party whilst the interest remains. Contractual licences arise under the terms of a contract. An estoppel licence arises as a result of a representation by the licensor and a detrimental reliance by the licensee. It is binding between these two parties but is also capable of binding a third party.
12. Easements and profits
Authors: Sayles Victoria
Published: September 2022

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 easements. An easement gives either a positive or, less often, a negative right of use over land of another (the servient land), which must be seen to benefit a dominant piece of land. A right that is capable of being an easement will only become an easement where it has been acquired by one of the recognised methods of acquisition. Easements may arise through express or implied acquisition. Implied acquisition may arise by virtue of necessity, common intention, operation of s 62 Law of Property Act (LPA) 1925, or under the rule in Wheeldon v Burrows (although the latter two methods will not operate in a reservation scenario). Alternatively, an easement may have been acquired out of long use, known as prescription, of which there are three modes: common law, lost modern grant, and the Prescription Act 1832. An easement can be either legal or equitable in status, depending upon which formalities have been satisfied. The status of an easement will determine the relevant rules governing the enforcement of that interest against a third party.
13. Freehold covenants
Authors: Sayles Victoria
Published: September 2022

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 freehold covenants. Freehold covenants are promises extracted by one freehold owner (the covenantee) from another freehold owner (the covenantor), whereby the latter promises either to do (positive covenant) or not to do (negative covenant) something over his land. The land burdened by the promise becomes the servient tenement. The land benefiting from the promise becomes the dominant tenement. Covenants commonly arise when a freehold owner is selling off part of his freehold to another and wishes to maintain some degree of control over the land being sold in order to preserve the value and enjoyment of the land he is retaining. Covenants may be enforceable between successors in title to the original covenantee and covenantor but only where certain requirements have been met.
3. Seeking a Divorce
Authors: Higgins Edwina , Newton Kathryn
Published: September 2022

This chapter considers the law and process for seeking a divorce in England and Wales, which is due to change radically in April 2022. It examines the current legal framework (as of September 2021) and the gap between the ‘law in books’ and the practical reality, highlighted in the key Supreme Court case Owens v Owens [2018] UKSC 41. It contrasts the conduct-based provisions of the current law with the ‘no fault’ provisions due to be introduced in 2022. It discusses the criticisms that have been made of the conduct-based law, and why there was pressure for reform. The discussion is placed in the context of divorce statistics in order to determine the link between the divorce law and the divorce rate, and whether this matters. In so doing, the chapter considers how much of a role the state should play in regulating divorce and the place of ‘fault’ in a modern divorce law. It also considers matters of process and procedure.
6. Relations between principal and agent
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

This chapter discusses the legal relationships that exist between the principal and agent, and, in particular, focuses on the duties that each party owes to the other. The precise scope and content of these duties will depend upon a number of factors, including whether the agency is contractual or gratuitous, whether the agent is acting within the scope of his authority, whether the agent is a specific type of agent upon whom extra duties are placed, and whether the agent is a commercial agent or not. There are legal relationships that can exist between the three parties involved in a typical legal relationship, namely, the relationships between principal and agent, between principal and third party, and between agent and third party. The chapter begins by discussing the duties that an agent owes to his principal.
8. Relations between agent and third party
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

This chapter considers the relations between the agent and third party. The typical function of an agent is to affect the legal position of his principal in relation to third parties, typically achieved by the agent effecting contractual relations between his principal and a third party or third parties. To this contract, the agent is usually a stranger and it therefore follows that, providing all parties perform their obligations, there will be no legal relations between the agent and third party, aside from any warranty of authority that might be deemed to exist. If the parties, however, fail to properly perform their obligations, legal relations between the agent and third party may arise that allow one party to sue, or be sued by, the other. This chapter discusses the general rule, and also those situations where the agent and third party will acquire a cause of action against the other.
16. The remedies of the seller
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

This chapter considers the remedies available to a seller if the buyer fails to pay for the goods pursuant to a contract of sale. It should be noted at the outset that the term ‘seller’ also includes ‘any person who is in the position of a seller, such as an agent of the seller to whom a bill of lading has been indorsed, or a consignor or agent who has himself paid (or is directly responsible for) the price’. This is of particular assistance to an agent who, having paid the price to the seller with the intention of recovering the money from the buyer, will have the same protection afforded to unpaid sellers as if he or she were the seller directly.
18. Product liability
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

Product liability is concerned with circumstances where a product has been supplied and causes damage by virtue of some characteristic that might be described as a defect. The main source of law in this area lies in relation to contracts for the sale of goods, where normally the relationship between a buyer and a seller will be regulated by their contractual arrangements, including any valid exclusion clauses. Problems arise however, even in relation to actions by buyers against sellers where the seller is, for example, insolvent or untraceable, or perhaps where he is protected from contractual liability by an exclusion clause. Further, the defective goods may not only injure the buyer, and the contract is unlikely to provide a remedy for potential claimants not party to the contract of supply, since it must be comparatively rare for such a person to derive any benefit from the Contracts (Rights of Third Parties) Act 1999. In such circumstances a claimant, whether buyer or not, will be forced to rely on the law of tort or on statute for a remedy. This chapter examines such claims firstly those founded on negligence at common law and then under statute where there is strict liability for defective products.
21. Contracts of carriage of goods by sea
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: September 2022

This chapter discusses contracts for the carriage of goods where the person requiring goods to be carried by sea (called the `shipper’) has booked space on a ship by entering into a contract of carriage with the carrier rather than chartering a whole vessel. The chapter deals initially with the common law approach to contracts of carriage by sea before showing how the Hague Visby Rules apply to the rights and duties of both shipper and carrier arising under such contracts.
2. Presumptions and the burden of proof
Authors: Munday Roderick
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: criminal and civil burdens of proof; the ‘legal burden of proof’ and the ‘evidential burden’; the ‘tactical burden’; the prosecution’s legal burden of proof in criminal cases; when the defendant in a criminal case bears the legal burden of proof; the standard of proof; the evidential burden; the judge’s ‘invisible burden’; the burden of proof when establishing the admissibility of evidence; presumptions and the incidence of the burden of proof; and reversal of the burden of proof and the European Convention on Human Rights.
3. Witnesses: competence, compellability, and various privileges
Authors: Munday Roderick
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses, and of the accused and the spouse or civil partner in criminal cases in particular; sworn and unsworn evidence; privileges enjoyed by certain categories of witness, focusing upon the privilege against self-incrimination, and legal professional privilege (in the form of both legal advice privilege and litigation privilege); and public interest immunity.
9. The opinion rule and the presentation of expert evidence
Authors: Munday Roderick
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The ‘opinion rule’ is one of the major exclusionary rules of the law of evidence. This chapter discusses the following: the general rule excluding evidence of opinion; four exceptions to the opinion rule born of necessity; the principal exception to the rule against opinion evidence; expert opinion, where we examine such matters as who may qualify as an expert witness, to what an expert witness may testify, and the reconciliation of expert evidence with the rule against hearsay; the presentation of DNA evidence; the use of Bayes’ theorem, and how a court should instruct the jury in mathematical probabilities. The application of expert evidence in criminal and civil cases is considered separately.
7. Classifications of director
Authors: Roach Lee
Published: September 2022

This chapter assesses what a director is and the different types of director that exist. Section 250 of the Companies Act 2006 (CA 2006) provides that a director ‘includes any person occupying the position of director, by whatever name called’. A person validly appointed as a director is known as a de jure director, whereas a person who has not been validly appointed, but who acts as a director, is known as a de facto director. A shadow director is ‘a person in accordance with whose directions or instructions the directors of a company are accustomed to act’. Other types of director include executive director, non-executive director, and alternate director. Meanwhile, certain persons such as major shareholders or creditors may have power to nominate a person to the board, and this nominated person is known as a nominee director. Many companies appoint some of their directors to specific board roles.
16. Share capital
Authors: Roach Lee
Published: September 2022

This chapter assesses what share capital is. A share is an item of property that confers upon its holder rights as set out in the Companies Act 2006 (CA 2006) and the constitution. A public company must have an allotted share capital of at least £50,000, while private companies are not subject to a minimum share capital requirement. Who has the power to allot shares depends upon the type of company, the class of share being allotted, and how many other classes of shares the company has. However, shareholders generally have a right of pre-emption, meaning that, when a company issues new shares, they have to first be offered to the existing shareholders. Meanwhile, a transfer of shares occurs where a shareholder sells or gifts their shares to another, while a transmission of shares usually occurs where shares pass from one person to another due to the operation of law.
21. Corporate reconstructions and takeovers
Authors: Roach Lee
Published: September 2022

This chapter looks at the legal framework that regulated takeovers, as well as discussing corporate reconstruction via a scheme of reconstruction, a scheme of arrangement, and the restructuring plan. A reconstruction under s 110 of the Insolvency Act 1986 involves all or part of a company’s business or property being transferred or sold to one or more new companies, and the original company is then voluntarily wound up. A s 110 reconstruction binds all members and creditors who are affected by it, even those who did not vote for it. Meanwhile, a scheme of arrangement or a restructuring plan, under Pts 26 and 26A of the Companies Act 2006 (CA 2006) respectively, is a compromise or arrangement between a company and its creditors, or any class of them; or its members, or any class of them. Takeovers are regulated by the Panel on Takeovers and Mergers, which is responsible for drafting and updating the City Code on Takeovers and Mergers.
2. Statutory implied terms
Authors: Baskind Eric
Published: September 2022

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 examines the significance of the terms implied into sale of goods contracts under the Sale of Goods Act 1979 and the statutory rights that are implied in a contract between trader and consumer by virtue of the Consumer Rights Act 2015. It explains the seller’s right to sell the goods, the goods being free from encumbrances and the buyer enjoying quiet possession of them, sales by sample, and the description and quality of the goods, as well as their fitness for purpose. Digital content is also discussed in relation to consumer transactions. The chapter also considers the terms implied into other kinds of contract by different statutes, including the terms implied by the Supply of Goods and Services Act 1982.
3. Passing of property and risk
Authors: Baskind Eric
Published: September 2022

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 focuses on the transfer of property and risk from the seller to the buyer as agreed upon in a contract of sale of goods. It explains the difference between ownership and possession and discusses the rules on the passing of property, as well as which party bears the legal risk in cases where, for example, the goods are destroyed or in the event of insolvency. The rules relating to both consumer and non-consumer buyers are included. Finally, the chapter examines the unconditional appropriation of the goods to the contract, appropriation by delivery to a carrier, ascertainment and appropriation ‘by exhaustion’, and undivided shares in goods forming part of a bulk.
4. Retention of title clauses
Authors: Baskind Eric
Published: September 2022

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 focuses on retention of title clauses, also known as reservation of title clauses, in sale of goods contracts. It explains how retention of title (or Romalpa) clauses are especially useful in cases where the buyer becomes insolvent and then stresses the importance of properly incorporating a retention of title clause into the contract of sale. The chapter examines the 1976 Romalpa case and its influence on retention of title cases. It considers ‘all-liabilities’ clauses in contracts of sale of goods and concludes by discussing criticisms against retention of title clauses and how, in practice, they might fail. The chapter discusses the 2014 Court of Appeal decision in FG Wilson (Engineering) Ltd v John Holt & Co (Liverpool) Ltd, which illustrates the dangers of retention of title clauses, which can leave buyers somewhat unprotected, and how a degree of balance was reintroduced by the Supreme Court in PST Energy 7 Shipping LLC and another v OW Bunker Malta Ltd and another [2016].
7. Transfer of ownership by a non-owner
Authors: Baskind Eric
Published: September 2022

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, which focuses on the situation where a seller is able to transfer ownership of certain goods to a third party despite having no right to the goods, first explains the so-called nemo dat rule, which protects the true owner of the goods and the innocent purchaser gets no title whatever. It then considers several statutory exceptions to the nemo dat rule that protect the innocent purchaser. The chapter also examines how estoppel is applied, sale by a mercantile agent, void and voidable contracts, sale by a seller in possession after sale, sale by a buyer in possession after sale, sale of a vehicle acquired on hire purchase, the (now repealed) sale in market overt, and special powers of sale.
8. Delivery, acceptance, and payment
Authors: Baskind Eric
Published: September 2022

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 focuses on the duty of the seller to deliver the goods and the duty of the buyer to accept them and to pay the price. It first explains the meanings of delivery, acceptance, and payment as well as the provision in the Sale of Goods Act 1979 in respect of these matters, and then considers the distinction between consumer and business buyers and cases where the wrong quantity of goods has been delivered. The chapter also discusses delivery by instalments, delivery to a carrier, and the right of the buyer not to return rejected goods.
10. Remedies of the buyer
Authors: Baskind Eric
Published: September 2022

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 examines the various remedies that are available to a buyer under a contract of sale of goods where the seller is in breach of the sales contract. It considers the regime of remedies introduced by the Consumer Rights Act 2015 and discusses a range of remedies such as rejecting the goods, suing for non-delivery or late delivery of the goods, suing for damages following the seller’s breach of warranty, requiring the seller to repair or replace the goods, claiming from the seller a reduction in the price, or rescinding the contract. The chapter then explains the difference between breach of condition of the contract and breach of warranty.
3. The European Convention on Human Rights
Authors: Foster Dr Steve
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter examines the European Convention on Human Rights and the role of the European Court of Human Rights.
4. The Human Rights Act 1998
Authors: Foster Dr Steve
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers the Human Rights Act 1998, including its central provisions, its impact on the protection of human rights in the UK, and its potential repeal.
7. Financial Remedies and Child Support
Authors: Gaffney-Rhys Ruth
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with financial remedies during divorce, nullity and judicial separation proceedings, and child support. The first question is a problem question that requires discussion of financial support during marriage, financial orders on divorce and the factors contained in s. 25 of the Matrimonial Causes Act 1973. The second problem question focuses on financial orders on divorce and variation and appeal of financial orders. The third question is an essay question on the development of the law relating to pre-nuptial and post-nuptial contracts, whilst the final essay question focuses on child support, which is primarily regulated by the Child Support Act 1991.
12. Mixed Topic Questions
Authors: Gaffney-Rhys Ruth
Published: September 2022

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. In real life a client is likely to require advice in relation to a number of family law issues and as a consequence, family law assessments sometimes require students to demonstrate knowledge and understanding of a variety of topics. This chapter contains five mixed problem questions that cover more than one area of family law: together they cover forced marriage; nullity; divorce; domestic abuse; legal parenthood; child maintenance; private law relating to children; the resolution of family disputes; financial remedies on divorce; and family property.
2. Criminal Law History
Authors: Horder Jeremy
Published: September 2022

This chapter explores aspects of the criminal law’s history. The main focus is the influence of religious—and, especially, biblical—thought on the criminal law. This influence does something to explain the law’s harsh attitude to theft and homosexuality, as well as to murder. Examination of efforts to codify the law is also included. This exploration is central to the analysis of how the past has shaped the criminal law’s values. However, the development of the law has not been one of continuous moral improvement. Old injustices have been replaced by new ones. In that regard, threats to civil liberties are also discussed in the final section, focusing on bureaucratic regulation, terrorism, and free speech.
3. Criminal Law Values
Authors: Horder Jeremy
Published: September 2022

The focus in this chapter is on the values the criminal law seeks to protect through criminalization. First, key ‘intrinsic values’ are considered, such as bodily integrity and sexual autonomy. Second, an analysis of ‘public goods’ is provided. Public goods are goods in which we have no individual right or share, but which benefit us in common with others. The criminal law protects public goods as part of its role in supporting our many different lives in common, as consumers, employees, users of roads and of public transport, and so on. The security of the state, openness and integrity in corporate governance and public life, and the common pool resource of a welfare system are all very different examples of public goods in this sense.
8. Homicide
Authors: Horder Jeremy
Published: September 2022

This chapter discusses homicide offences. It covers in detail murder, defences specific to murder (resulting in a verdict of so-called ‘voluntary’ manslaughter), and so-called ‘involuntary’ manslaughter. However, these traditional topics no longer cover the whole ground, as Parliament has created a number of new homicide offences in recent years. It concludes with a review of the structure of the law of homicide, considering the question whether it is satisfactory to retain the centuries-old current structure, with murder at the top, and then manslaughter of different kinds beneath that, together with a hotchpotch of specialized homicide offences with varying degrees of gravity. For example, would the law be improved by introducing a new category of ‘second degree’ murder?
2. Overview of ADR Options
Authors: Blake Susan , Browne Julie , Sime Stuart
Published: September 2022

This chapter presents an overview of the alternative dispute resolution (ADR) options available to parties to a dispute in England and Wales, outlining the most commonly used processes. A lawyer should be familiar with the range of ADR options and be able to advise a client on appropriate use of ADR. This includes familiarity with each process, when it should be used, who might attend, and key strengths and weaknesses. ADR options can be broadly divided into processes that are adjudicative (where a third party takes a decision) and those which are non-adjudicative (where the parties approve any proposed settlement). The main non-adjudicative options are negotiation and mediation. The main difference between the two is that a negotiation is normally conducted by lawyers, whereas a mediation includes a neutral third party. Meanwhile, the main adjudicative options are arbitration and expert determination.
4. Funding ADR Procedures
Authors: Blake Susan , Browne Julie , Sime Stuart
Published: September 2022

This chapter discusses the issue of funding alternative dispute resolution (ADR) procedures. Costs are a major motivation for undertaking ADR, but the costs position can be quite complex. Indeed, the separate elements of costs must all be considered. It is government policy to make more use of ADR, including online ADR, for lower-value cases so that dispute resolution is cost effective. Although a process like arbitration can be expensive, most ADR processes are relatively inexpensive, and information on costs is quite easily available from ADR providers. Ultimately, it is important for the lawyer to make an overall analysis of the financial position and risks to assist the client in taking an informed decision about litigation and ADR options. Costs may be considered as part of a negotiated or mediated settlement.
6. Professional Ethics
Authors: Blake Susan , Browne Julie , Sime Stuart
Published: September 2022

This chapter evaluates professional ethics in alternative dispute resolution (ADR) processes. Lawyers must advise their clients about ADR options at all stages of the dispute. They can provide an ADR service for clients, provided there is no conflict of interest. In ADR processes, lawyers must observe the rules of the Bar Code of Conduct or the Solicitors Regulation Authority (SRA) Principles and Code of Conduct. If the lawyer is acting under a conditional fee agreement (CFA), a damages-based agreement (DBA), or in a case with third-party funding, care must be taken to ensure that the settlement is in the client's best interests. When acting in mediation or negotiation, a lawyer must act within the client's instructions and take care not to mislead the other side; disclose confidential information to the other side (or the mediator) unless the client consents; reveal the details of the negotiation or what took place in mediation to third parties or to the court; and exceed the limits of their authority.
7. The Approach of the Courts to ADR
Authors: Blake Susan , Browne Julie , Sime Stuart
Published: September 2022

This chapter focuses on the approach of the courts to alternative dispute resolution (ADR). Parties are required to consider ADR before proceedings are issued by the protocols and Practice Direction—Pre-action Conduct. If ADR is not undertaken before issue, then it should be considered at the track allocation stage (when all the statements of case have been filed), and again after exchange of documents, and also when witness statements and expert evidence have been exchanged. The court will actively consider whether attempts have been made to settle the dispute by ADR at any case management conference, and may direct the parties to attempt ADR. If the parties reject ADR, before issue or at any stage of the litigation, they should have reasonable and cogent reasons for doing so and may be required to explain these reasons to the court. Moreover, the courts will seek to uphold and enforce ADR clauses in contracts.
8. The Sanctions for Refusing to Engage in ADR Processes
Authors: Blake Susan , Browne Julie , Sime Stuart
Published: September 2022

This chapter assesses the possible sanctions for refusing to engage in alternative dispute resolution (ADR) processes. The court will look at whether a party complied with the requirements of Practice Direction—Pre-Action Conduct and the Pre-Action protocols in making decisions about costs. If a party unreasonably refuses to consider ADR, before issue, after issue, or after judgment and pending appeal, they can be penalized in costs. If a successful party unreasonably refuses ADR, they may be deprived of some or all of their costs or ordered to pay some or all of the losing party's costs, including costs on an indemnity basis. Pulling out of an ADR process at the eleventh hour is likely to be judged unreasonable conduct and may result in an adverse costs order. Moreover, the court will not consider ‘without prejudice’ material in considering costs, unless privilege is waived by all the parties to the dispute, or the correspondence is explicitly written on the basis that it is ‘without prejudice except as to costs’.
10. Overview of Negotiation and Mediation
Authors: Blake Susan , Browne Julie , Sime Stuart
Published: September 2022

This chapter provides an overview of negotiation and mediation, both of which can take place at any stage in a case, whether or not proceedings have been issued. Neither has formal procedural rules save for those agreed by the parties. Both can only take place with the agreement of the parties, and both will only result in a settlement with the agreement of the clients. In very broad terms, it might be said that mediation is a facilitated and more structured form of negotiation. Despite the broad similarities, the role of a lawyer in these two processes can be very different. Negotiation is normally carried out by the lawyers acting for each party, often without clients being present. In mediation, the mediator may deal only with the parties, especially in a small case, or both parties and lawyers may attend with the lawyer providing advice to the client at all stages.
8. Remedies for Maladministration of the Company
Authors: Worthington Sarah , Agnew Sinéad
Published: September 2022

This chapter discusses the functioning of directors and their duties under common law and the Companies Act 2006. Topics covered include: the scope and nature of directors’ general duties; the duty to act within powers; the duty to promote the success of the company; the duty to exercise independent judgement; the duty to exercise reasonable care, skill and diligence; the duty to avoid conflicts of interest; the duty not to accept benefits from third parties; the duty to declare an interest in a proposed or existing transaction or arrangement; remedies for breach of general duties; relief from liability; ratification of acts of directors; relief from liability granted by the court; contracting out of liability; statutory rules requiring special notice or members’ approval for certain transactions; and secondary liability (liability of third parties associated with directors’ wrongs).
9. Company Auditors
Authors: Worthington Sarah , Agnew Sinéad
Published: September 2022

This chapter discusses the available remedies when a company is poorly run, including the types of issues that are legitimate subjects of complaint. Topics covered include: pursuing claims for maladministration; why shareholder litigation is such a problem; the old common law rule in Foss v Harbottle; the statutory derivative action for bringing corporate claims and limitations based on reflective loss; personal claims by members; and unfairly prejudicial conduct of the company’s affairs.
2. Justifications
Authors: Besson Samantha
Published: September 2022

This chapter discusses the importance of justifying human rights, particularly in response to critics. It explains the following: why we need to justify human rights; what it means to justify human rights; what the different justifications for human rights may be; and what some of the implications of the justifications of human rights may be for other key issues in human rights theory.
3. Critiques
Authors: Dembour Marie-Bénédicte
Published: September 2022

This chapter reviews six critiques of human rights, deriving from realist, utilitarian, Marxist, particularist (cultural relativist), feminist, and post-colonial theoretical perspectives. The first three critiques emerged in reaction to the (successive) French Declarations of the Rights of Man of the late eighteenth century; the last three were fully developed in reaction to the International Bill of Rights enacted after the Second World War. Each of these critiques reveals a gap between what human rights claim to be or achieve, on the one hand, and what human rights are or do in practice, on the other.
10. Adequate Standard of Living
Authors: Eide Asbjørn , Eide Wenche Barth
Published: September 2022

This chapter examines the right to an adequate standard of living and its components, namely, the rights to food, housing, and health. The chapter analyses the meaning and key features of the right to an adequate standard of living and examines the normative content of that right and its components, namely, the rights to food, housing, and health. The chapter then explores the difficulties and special obligations in ensuring the right to an adequate standard of living for particular groups of people, addresses the relationship between the right to an adequate standard of living and other human rights, examines the question of progressive implementation of the right, and, finally, addresses the justiciability of the right to an adequate standard of living and the need for international action in its implementation.
11. Thought, Expression, Association, and Assembly
Authors: McGoldrick Dominic
Published: September 2022

This chapter discusses the sources, scope, and limitations of the four fundamental freedoms: thought, expression, association, and assembly. Freedom of thought includes freedom of conscience, religion, and belief. Freedom of expression includes freedom of opinion and freedom of information. Freedom of association concerns the right to establish autonomous organizations through which individuals pursue common interests together. The right of assembly protects non-violent, organized, temporary gatherings in public and private, both indoors and outdoors.
12. Education and Work
Authors: Coomans Fons
Published: September 2022

This chapter discusses two human rights that belong to the category of economic, social, and cultural rights: the right to education and the right to work. It explains how the modern view of the nature of economic, social, and cultural rights can be applied to these rights. The chapter discusses the sources of the rights under international human rights law, their main features, and components; the obligations resulting from each right; and the relationship of each right with other human rights. Both rights are crucial for the ability to live a life in dignity and develop one’s personality.
14. Cultural Rights
Authors: Ringelheim Julie
Published: September 2022

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.
21. The Americas
Authors: Antkowiak Thomas M
Published: September 2022

This chapter considers human rights protection across the Americas, and focuses in particular on the Organization of American States (OAS). The chapter begins with a historical overview of the OAS. The OAS has drafted and promulgated several human rights documents and treaties, including the American Declaration on the Rights and Duties of Man and the American Convention on Human Rights, as well as others. Having introduced the main instruments for the protection of human rights, the chapter then considers the two main OAS institutions that are mandated to promote and protect human rights: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Finally, challenges to the Inter-American system are discussed.
22. Europe
Authors: Greer Steven , Graham Lewis
Published: September 2022

This chapter examines the origins, historical development, and key characteristics of the various inter-state organizations engaged in human rights activities in Europe. Having briefly described the Organization for Security and Co-operation in Europe, it examines the Council of Europe and the European Union, including the European Convention on Human Rights, the European Court of Human Rights, and the EU Charter of Fundamental Rights.
24. Within the State
Authors: Byrnes Andrew , Renshaw Catherine
Published: September 2022

This chapter examines the state’s role in promoting and protecting human rights. The chapter deals with substantive protections: the nature, status, and scope of human rights protections under national law. These include the incorporation or other use of international human rights norms in domestic law, constitutional guarantees of rights, human rights legislation, protection under the general law, including the concept of the rule of law, and the common law. The chapter next considers institutional protections of human rights and briefly outlines the types of institutions that commonly play a role in the implementation, monitoring, and protection of human rights, including the courts, the executive, and the legislature, as well as mechanisms such as ombudsmen and national human rights institutions.
25. International Humanitarian Law
Authors: Sivakumaran Sandesh
Published: September 2022

This chapter examines international humanitarian law, the principal body of international law which applies in times of armed conflict, and which seeks to balance the violence inherent in an armed conflict with the dictates of humanity. International humanitarian law protects the civilian population from the ravages of conflict, and establishes limitations on the means and methods of combat. The chapter first considers the nature of international humanitarian law and identifies some of its cardinal principles and key rules. It then explores the similarities and differences between international humanitarian law and international human rights law, comparing and contrasting their historical origins and conceptual approaches. Given that international humanitarian law applies during armed conflict, the chapter next considers whether there is a need for international human rights law also to apply. Finally, it ascertains the relationship between the two bodies of law and considers some of the difficulties with the application of international human rights law in time of armed conflict.
1. Introduction to the study of contract law
Authors: Atkins Ruth
Published: September 2022

This chapter introduces some of the key ideas that will be encountered in the rest of the book, such as what is required for a contract. It touches upon the everyday role of contract, and that, although the book is heavily concerned with case law, contract disputes are often resolved without resort to the courts. It also introduces the idea of the evolution of contract law with the changing nature of society: the limitations placed on the use of an idea, such as ‘freedom of contract’, through recognition of the impact of inequality of bargaining power. Additionally, it alerts the reader to the impact of the EU and Brexit.
3. Certainty and formalities
Authors: Atkins Ruth
Published: September 2022

This chapter looks at the need for certainty and formalities in contracting. It explores case law which illustrates, on the one hand, that a willingness of the parties to make a contract does not necessarily amount to a legally binding agreement, whilst on the other hand, there is potential for the court to fill in any gaps to give effect to agreements. The issues surrounding an agreement which is expressed to be ‘subject to contract’ are explored, as too are the reasons for when contract formalities may be required. There is discussion of electronic signatures in light of the Law Commission Report on Electronic Execution of Documents and the case of Neocleous v Rees.