bluuebunny/crossref_metadata_2025 huggingface dataset:
5. Jurisdiction
Authors: Henriksen Anders
Published: August 2019

This chapter discusses the international legal concept of jurisdiction as well as the content of the relevant legal principles. The term jurisdiction relates to the authority of a state to exert its influence and power—in practice make, apply and enforce its rules—and create an impact or consequence on individuals or property. The chapter explains the difference between, respectively, the jurisdiction to prescribe and the jurisdiction to enforce and the main elements thereof. It analyses the different principles of prescriptive jurisdiction (the principle of territoriality, nationality, universality, protection and so-called passive personality) and discusses the issue of concurring jurisdictions as well as jurisdiction on ships and aircraft. It also discusses the prohibition on enforcing jurisdiction on the territory of another state as well as the legal consequences of violating that prohibition.
6. Immunity from national jurisdiction and diplomatic protection
Authors: Henriksen Anders
Published: August 2019

This chapter discusses the different forms of immunity from national jurisdiction enjoyed by a state and its representatives. It presents state immunity and the complicated distinction between sovereign (jure imperii) and commercial (jure gestionis) acts. It discusses the exception to state immunity for commercial acts; provides an overview of some of the additional exceptions to state immunity; and discusses the immunities of state representatives. It distinguishes between immunity ratione personae and immunity ratione materiae and discusses how the distinction is applied to different state representatives. It also discusses the immunities of diplomatic representatives and diplomatic missions as well as the issue of consular protection and the immunities enjoyed by so-called special missions.
9. International human rights law
Authors: Henriksen Anders
Published: August 2019

This chapter discusses the system of human rights protection that has emerged since the end of the Second World War. It begins in Section 9.2 with the primary sources of human rights law before Section 9.3 discusses the different categories of human rights. Section 9.4 discusses the obligation on states to offer protection from acts of private actors. Section 9.5 provides an overview of the enforcement mechanisms in the UN and Section 9.6 focuses on the regional protection of human rights. Section 9.7 discusses the territorial scope of human rights treaties and Section 9.8 concerns the application of human rights in times of public emergency. Section 9.8 provides an overview of the international legal protection of refugees.
14. The law of armed conflict
Authors: Henriksen Anders
Published: August 2019

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.
3. Consideration
Authors: Arvind TT
Published: August 2019

This chapter discusses consideration as a requirement for an agreement to be treated as a legally binding contract. Consideration is the price one party pays for the other party’s promise or performance. The doctrine of consideration provides, in essence, that a price of some sort must be paid if an agreement is to be enforceable as a contract. This chapter begins with an analysis of the first requirement imposed by the doctrine of consideration: that the act, forbearance, promise, or commodity given in exchange for the promise should be something of value. It then examines the three different conceptual approaches used in the legal understanding of value based on the idea of economic value, benefit and detriment, and practical benefit. It also describes the ingredients of exchange and includes case in depth boxes that cover the most influential and important cases pertaining to consideration.
4. Contracts and informal relations
Authors: Arvind TT
Published: August 2019

This chapter focuses on the requirement that the parties to a contract must have the intention to create legal relations for it to become legally binding. It considers how we decide whether the parties to a particular agreement had the intention to enter into legal relations, showing that English law operates by means of rebuttable presumptions. It then examines cases where the presumption is that the parties did not intend to create legal relations—that they intended their transaction to be merely friendly or social, rather than legal. It also discusses commercial transactions, where the presumption is reversed, and more specifically the types of commercial transactions that are structured to place them outside the bounds of legal enforcement. The chapter includes the case of Balfour v Balfour [1919] 2 KB 571 (CA).
10. Fundamental changes
Authors: Arvind TT
Published: August 2019

This chapter examines the doctrines of frustration and common mistake that deal with situations where fundamental changes have occurred. Frustration and common mistake apply to situations where the parties find themselves in uncharted territory. The doctrines ask courts to determine the limits of a contract, the point where the contractual framework runs out and the contract no longer holds. This chapter first considers the impact of ‘unknown unknowns’ on the contract and the distinction between frustration and common mistake before discussing frustrating events and the consequences of frustration. It also describes three types of common mistake that render the contract void: mistakes as to the existence of the subject matter, mistakes as to the possibility of performance, and certain types of mistakes as to the quality of the subject matter. Finally, it looks at the legal consequences of common mistake and remedies for common mistake.
17. Non-compensatory remedies
Authors: Arvind TT
Published: August 2019

This chapter considers a range of non-compensatory remedies that are available at English law in cases of breach. Non-compensatory remedies seek to respond to breach of contract in ways other than compensation. The starting point for non-monetary obligations is that breach is best remedied through the award of damages. Literal enforcement of such an obligation, through an order for specific performance or an injunction, is only awarded in exceptional circumstances. In contrast, obligations involving the payment of a definite sum of money are frequently literally enforced through the remedy of debt. This chapter first examines literal performance as a non-compensatory remedy before discussing debt, gain-based remedies, and restitution interest.
7. Special duty problems: economic loss
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter explains when and how the courts have found that a duty of care should be owed by defendants for purely economic loss. This differs from ‘consequential’ economic loss, where financial loss is suffered as a secondary consequence of another harm, such as personal injury or property damage. The tort of negligence distinguishes between these, using duty of care as a device to control whether and when claimants will be able to recover their pure economic losses. The discussions cover the meaning of ‘pure’ economic loss; exceptions to the exclusionary rule; claims for pure economic loss in negligence before Murphy v Brentwood District Council [1990]; and extended applications of the principles established in Hedley Byrne v Heller [1963].
17. Defamation
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter discusses the tort of defamation. This area of law has undergone significant legislative change following the enactment of the Defamation Act 2013. A defamatory statement can take two forms: it can either be spoken (slander) or written (libel). Only a false statement can be defamatory. It is up to the defendant to prove that the statement is true in order to avoid liability. Defences include honest opinion, publication on a matter of public interest and privilege (where the statement is made in the performance of a duty). Remedies include an injunction to prevent publication, and a permanent injunction to prevent further publication and damages.
1. Introduction
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

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.
4. Special duty problems: psychiatric harm
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter discusses the ‘special duty issue’ that arises when a person has suffered psychiatric harm as a result of the defendant’s negligence. This issue has an interesting history, for it was thought at first that a claimant could only succeed if he or she was within the range of physical impact. In other words, only the ‘primary’ victim could sue. Liability was later extended to secondary victims; that is, where the claimant was not at risk of physical injury, but saw or heard the accident which caused the shock with his or her own unaided senses.
8. Causation and remoteness of damage
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter discusses the concepts of causation and remoteness of damage. Once it has been shown that a defendant owed the claimant a duty to take care and was in breach of that duty, liability can still be avoided if it can be shown that the breach did not cause the damage, or that the damage was too remote a consequence of the breach. Causation is initially determined on the balance of probabilities—a ‘but for’ test. A causation problem usually occurs when we look at the damage and see that it was actually caused by a number of different factors either combining together to bring about the damage, or each being sufficient in and of itself to have done so but where it cannot be determined which factor actually caused the harm. A remoteness problem can arise in two different situations: where the claimant is a foreseeable claimant and the damage has in fact been caused by the defendant’s act, but where the damage is either unpredictable in extent or unpredictable in nature.
16. Trespass to land and nuisance
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter considers two ‘land torts’: trespass to land and private nuisance. Trespass to land protects a person in possession of land against direct invasion of his property. The right to sue includes not only those with a proprietorial interest in the land, such as owners and tenants, but also those who have exclusive occupation such as squatters. The fact that any invasion of land, however minute and whether it causes damage or not, is a trespass, indicates that the primary function of this tort is to protect rights in property, rather than simply to provide compensation. The chapter continues by distinguishing between public and private nuisance. It then discusses the interests protected in private nuisance; the standard of reasonable user; the person(s) liable for nuisance; remoteness of damage; statutory authority and planning permission; and the effect of the Human Rights Act 1998 on nuisance claims.
3. Non-Fiscal Measures: Quantitative Restrictions and Measures Having Equivalent Effect
Authors: Barnard Catherine
Published: August 2019

This chapter examines non-fiscal barriers to trade. Three Treaty provisions are relevant: Article 34 TFEU on imports; Article 35 TFEU on exports; and Article 36 TFEU containing derogations from Articles 34–5 TFEU. The discussions cover quantitative restrictions; measures having equivalent effect including the leading case of Cassis de Dijon; distinctly and indistinctly applicable measures; the principle of mutual recognition and regulation 2019/515; the market access approach following Trailers; and Directive 2015/1535, which requires Member States to notify the Commission of any draft technical regulations before they are adopted and before they create barriers to trade, so that they can be checked for their compatibility with Union law.
4. Article 34 TFEU and Certain Selling Arrangements
Authors: Barnard Catherine
Published: August 2019

This chapter discusses the following: market circumstances rules and Article 34 TFEU; the decision in Keck and its application to cases of ‘certain selling arrangements’; and the ramifications of this ruling, particularly in respect of those rules that did not fit the category of certain selling arrangements and those rules which were non-discriminatory but did hinder market access and the relevance of the Trailers case. The Unfair Commercial Practices Directive 2005/29 seems to have narrowed the areas to which Keck applies still further.
Legal Skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

Legal Skills is structured in three parts, covering a full range of legal skills. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. The second part covers academic legal skills and provides advice on study and writing skills, legal reasoning, referencing and avoiding plagiarism, essay writing, dissertations, problem solving, and revision and examinations. The final part of the book covers the practical legal skills of oral presentation, mooting, and negotiation. This sixth edition includes a new section on legal ethics and codes of professional conduct, and completely rewritten chapters on presentation skills, and negotiation skills, including a brand new scenario, together with a large number of other enhancements throughout.
1. Getting started
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter is aimed at getting you started in your legal studies. It addresses some of the questions and concerns that students have about studying law and starting at university. It explains something of the nature of the law and how it impacts on society before moving on to look at some of the practicalities involved in studying law as it considers how the degree is structured and how teaching and assessment will work.
3. Finding legislation
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter explains how to find domestic legislation, that is, statutes, statutory instruments, and EU legislation both online and in a law library. The chapter also explains how to determine whether there is any statute law on a particular topic and how to work out whether a piece of legislation is in force. The chapter closes by explaining how to find the official current text of the European Convention on Human Rights.
5. Case law
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

Case law can be broken down into common law, equity, and custom. This chapter begins with a discussion of common law and equity, including a brief history on how these sources came into being. It then turns to custom as a further source of law. It also provides an overview of the court system to illustrate how the various courts in the system link together in a hierarchy. It concludes with a discussion of the European Court of Human Rights and the impact of the Human Rights Act 1998 on case law.
6. Finding cases
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter presents the skills needed to find cases. It first explains the meanings of case citations before moving on to discuss how to locate domestic cases. It then describes how to find decisions of the Court of Justice of the European Union, the General Court, and the European Court of Human Rights.
9. Finding books, journals, and official publications
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

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).
13. Referencing and avoiding plagiarism
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter focuses on referencing and avoiding plagiarism. These skills are of critical importance to law students since their academic work will inevitably require them to read, critically consider, and evaluate the work of others. However, they must ensure that they carefully and meticulously distinguish their own work, ideas, and arguments from those of the authors or judges encountered during their research. This is done by providing thorough references to the sources used in their work; failure to do so may lead to accusations of plagiarism. The chapter first explains the meaning of plagiarism in more detail and then discusses OSCOLA, the most frequently encountered referencing system in academic law.
16. Revision and examination skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter provides a selection of practical tips on formulating an effective revision strategy from planning and organization through to a series of practical tasks that can be undertaken alone or in groups. The overall aim is to provide some insight into the various ways that revision can be made more variable, engaging, and effective. The discussions cover how to prepare for revisions; reviewing each subject; revision strategies; and issues related to exams.
17. Dissertations
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter focuses on the range of different skills involved in the production of a dissertation. It begins by outlining the reasons for writing a dissertation. It then discusses the choice of dissertation topic and formulating a research question; writing a dissertation proposal; planning and organization; researching for a dissertation; and the writing process.
20. Negotiation skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2019

This chapter provides an introduction to the skills needed to prepare for and conduct an effective negotiation, including the research process and different negotiation styles. It also considers the problems that can arise during negotiation and outlines a range of strategies that can be used to overcome them. In essence, it is a step-by-step introduction for those with no previous negotiation experience as well as a source of advice for the more experienced negotiator. A range of examples is used to demonstrate the skills involved in negotiation.
3. Theoretical Accounts of European Intellectual Property
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter offers a full and critical account of the arguments for and against the existence of IP systems in general, and of European IP systems in particular. It begins by considering two general theories in support of the recognition of IP rights as natural rights: the first casting IP as supporting the personal development and autonomy of individual creators (the argument from personhood), and the second casting IP as securing for creators such rights as they deserve by virtue of their acts of intellectual creation (the argument from desert). From natural law accounts of the existence of IP the chapter goes on to examine three other theories grounded in considerations of justice, utility, and pluralism respectively. According to the first, IP is defensible as a means of preventing people either from being enriched unjustly or from harming others by unfairly ‘reaping where they have not sown’. According to the second, IP rights are privileges conferred by the state on specific individuals in the pursuit of certain instrumentalist ends, such as encouraging socially desirable behaviour on the part of their beneficiaries or discouraging socially undesirable behaviour on the part of those whose freedoms they restrict. And according to the third, IP is a regulatory mechanism by which different understandings and traditions of protecting creative and informational subject matter are reconciled in support of legal and social pluralism. The chapter concludes with a discussion of the implications of the theoretical accounts for the duration of copyright and related rights protection and the patentability of biotechnology.
4. Introduction to European Patent Law
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter introduces the European law of patents and related rights with a discussion of the nature of patents as limited-term monopoly rights granted in respect of new, inventive, and industrially applicable inventions and the routes to obtaining patent protection in Europe. It then considers the existing European patent system established by the European Patent Convention 1973/2000, including its basis in state-based conceptions of IP territoriality, and the challenges presented to that system by globalization and developing technology. And finally, it discusses the long-standing pursuit of a unitary patent and unified patent court for Europe, including the reasons for each, and the features of the proposed Unitary Patent Package of 2012/2013.
5. The Procedure for Obtaining a European Patent
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter considers the procedure for obtaining a European patent directly from the European Patent Office (EPO) and indirectly from a competent patent office of a European Patent Convention (EPC) Contracting State or by international patent application under the Patent Cooperation Treaty 1970. It also considers the result of each procedure, and the focus within the European patent community on reducing the burden on patent applicants and improving patent quality with a view to minimizing the risk of a patent's revocation post-grant.
8. Patent Protection and Exploitation
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.
10. Introduction to the European Law of Copyright and Related Rights
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter introduces the European law of copyright and related rights with an overview of its basic principles. It then considers the European (EU) statutory framework governing copyright and related rights and the policy agenda of the European Commission on which it is based, including the Commission’s digital single market initiatives. The chapter then concludes with a wider discussion of the EU’s response to the challenges posed by globalization and digital technology. The picture to emerge is one of ever-growing legislative fragmentation off-set by ever-growing substantive harmonisation as a result of thirty years of active EU law- and policy-making, including a large number of policy communications and harmonizing directives, the ratification of several international agreements, and almost daily decisions from the Court of Justice.
16. Trade Marks and the Free Movement Aspects of EU Law
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter examines the interaction between trade mark law and the principles of free movement of goods in the EU. It discusses the concepts of essential function and specific subject matter which the CJEU uses to distinguish between what amounts to pro-competitive use of the trade mark, which the Treaty encourages, and anti-competitive abuse of the trade mark rights, which the Treaty prohibits. The essential function looks at this from a theoretical perspective, whilst the specific subject matter translates this in more practical guidelines. The chapter then turns cases and heated debates arising from parallel importation, which essentially focus on the relabelling and repackaging of parallel-traded goods.
26. Future Trends
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter offers an outlook to the future of IP at the European level. The EU and its legal instruments primarily approach IP from a utilitarian free market perspective and that applies also to the way they look at the future. The chapter focuses primarily on that angle when it looks at how the European IP system could and should function in the future and which direction it is taking. In a sense it offers an opportunity for reflection and attempts to enhance the reader's insight in and understanding of IP by wrapping the critical analysis of its technical rules up in a more theoretical analysis.
4. Interaction of actus reus and mens rea
Authors: Child John , Ormerod David
Published: August 2019

This chapter focuses on the interaction between actus reus and mens rea in proving criminal liability. It first considers how actus reus and mens rea relate to one another within the structure of an offence before discussing the issues that also emerge when applying offence requirements to a set of facts. As an example, it explains how every element (conduct, circumstance, and result) of an offence includes an actus reus requirement and a corresponding mens rea requirement. It also examines the correspondence principle and the doctrine of transferred malice, along with the coincidence principle. Finally, it outlines potential options for legal reform and a structure for analysing the actus reus and mens rea of an offence when applying the law in problem-type questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
15. Criminal damage
Authors: Allen Michael J. , Edwards Ian
Published: August 2019

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The Criminal Damage Act 1971 includes the main offences in English law involving damage to property. This chapter discusses the offence of destroying or damaging property belonging to another, destroying or damaging property with intent to endanger life, threats to destroy or damage property, possessing anything with intent to destroy or damage property, and racially or religiously aggravated criminal damage. The Law in Context feature examines critically the prosecution of environmental protesters for criminal damage, including the use of the lawful excuse when the protesters claim to have been acting to protect the environment.
6. Character and credibility
Authors: Munday Roderick
Published: August 2019

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: issue and credit; the concept of ‘credibility’; bringing out the character of the parties and their witnesses; and evidence of the defendant’s good character. Evidence introduced to illuminate someone’s character is a fairly common feature in both civil and criminal trials. According to the context, however, it may fulfil different purposes. Notably, it may serve as a potential indicator of whether or not someone is likely to be a truthful witness.
7. Evidence of the defendant’s bad character
Authors: Munday Roderick
Published: August 2019

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Human behaviour tends to follow patterns. Those who have previously been convicted of crime, or who can be shown to have committed other offences or to have behaved disreputably, either have a tendency to reoffend or are more likely to commit offences than those without such attributes. A defendant’s previous bad character may also reflect on credibility. This chapter discusses the following: the problem of whether or not to admit evidence of a defendant’s misconduct on other occasions; the situations in which evidence of a defendant’s bad character may be admitted in criminal cases, and the purposes for which it may be admitted; and the admission of similar fact evidence in civil cases.
9. The rule against hearsay
Authors: Munday Roderick
Published: August 2019

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The rule against hearsay is one of the great exclusionary rules of the law of evidence. The underlying idea seems sound enough. In a system that places a premium on orality, with witnesses delivering their testimony in person, it is an understandable corollary that witness A should be forbidden from giving testimony on behalf of witness B. This chapter discusses the following: the rationale underlying a rule against hearsay; the hearsay rule in criminal cases, and its exceptions; and the hearsay rule in civil proceedings.
11. Drawing adverse inferences from a defendant’s omissions, lies, or false alibis
Authors: Munday Roderick
Published: August 2019

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. A suspect’s silence in response to questioning is liable to arouse suspicion: the normal reaction to an accusation, it is widely believed, is to volunteer a response. This chapter discusses the following: the so-called right to silence; permissible inferences drawn from the defendant’s silence at common law; the failures provisions of the Criminal Justice and Public Order Act 1994: permissible inferences drawn from the defendant’s failure to mention facts, failure to testify, failure or refusal to account for objects etc, or failure to account for presence; permissible inferences drawn from lies told by the defendant: Lucas directions; permissible inferences drawn from false alibis put forward by the defendant.
5. Use and grant in the UK and Europe
Authors: Torremans Paul
Published: August 2019

This chapter addresses the question of who is entitled to the patent and who will own it. Patent law operates a ‘first to file’ system and the presumption is that the person filing the application is entitled to the patent. Section 7 of the UK Patents Act 1977 nevertheless brings the inventor into the picture as the person who is logically entitled to the patent. There is also room for contractual transactions in this area.
9. An introduction to copyright
Authors: Torremans Paul
Published: August 2019

This chapter first discusses the two roots of copyright. On the one hand, copyright began as an exclusive right to make copies—that is, to reproduce the work of an author. This entrepreneurial side of copyright is linked in with the invention of the printing press, which made it much easier to copy a literary work and, for the first time, permitted the entrepreneur to make multiple identical copies. On the other hand, it became vital to protect the author now that his or her work could be copied much more easily and in much higher numbers. The chapter then outlines the key concepts on which copyright is based.
15. Copyright infringement
Authors: Torremans Paul
Published: August 2019

This chapter discusses the various acts that can infringe copyright. A distinction is made between primary infringement and secondary infringement. All forms of primary infringement involve copying, whether through reproduction or through performance of the work. Under s. 16(1) of the Copyright, Designs and Patents Act 1988, the rights of the copyright owner are infringed if: the work is copied; copies of the work are issued to the public; the work is lent or rented to the public; the work is performed, shown, or played in public; the work is communicated to the public; or an adaptation is made of the work or any of the above is done in relation to an adaptation. Secondary infringement involves the commercial exploitation of works that attract copyright.
16. Defences to copyright infringement
Authors: Torremans Paul
Published: August 2019

This chapter discusses defences to copyright infringement. It covers authorization or consent of the owner; public interest; the Copyright and Rights in Performances (Disability) Regulations 2014; the making of temporary copies; fair dealing; incidental inclusion; educational use; exception for libraries, archives, and public administration; the Information Society Directive; and orphan works.
21. Registered designs
Authors: Torremans Paul
Published: August 2019

This chapter discusses the law on registered designs. It covers the requirements for the grant of a registered design; grounds for refusal of registration; ownership of a registered design; rights of the owner and infringement; grounds on which a design may be declared invalid; duration of the registered design right; spare parts; international commercial exploitation; and EU law on registered design.
22. Unregistered designs
Authors: Torremans Paul
Published: August 2019

This chapter discusses the law on unregistered designs. The Copyright, Designs and Patents Act 1988 defines unregistered designs as the design of any aspect of the shape or configuration (whether internal or external) of the whole, or part, of an item. In order to secure protection, such a design must be original, in the sense that it should not be commonplace in the design field in question at the time of its creation. Unregistered design rights roughly offer 15 years of protection, during which the right holder has the exclusive right to reproduce the design for commercial purposes. Infringement consists in anyone making an item to the design without authorization and in the making of a design document that records the design for the purposes of enabling someone else to make items to it, again without authorization.
27. Trade marks—European and international aspects
Authors: Torremans Paul
Published: August 2019

This chapter discusses the international and European aspects of trade marks. Trade mark law is based on the Paris Convention and the TRIPS Agreement, with the Madrid system offering an international registration system. Inside the EU, one can also register a single trade mark for the whole of the Community by means of the Community Trade Mark Regulation. Trade mark law also has a substantial interaction with the Treaty provisions on the free movement of goods, but minimal conflict with competition law.
6. Exemption clauses
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Exemption clauses provide that one party will not be liable in certain situations; they exclude or limit liability. Exemption clauses have traditionally been frowned upon because they have been misused, often to the detriment of consumers, and the courts have responded by repeatedly looking for ways to cut them down. In recent years the Unfair Contract Terms Act 1977 has given the courts much stronger powers and the Unfair Terms in Consumer Contracts Regulations have strengthened the position of consumers. These statutory controls have recently been radically overhauled in the Consumer Rights Act 2015 and this chapter provides a full explanation of these complex developments.
8. Mistake
Authors: Taylor Richard , Taylor Damian
Published: August 2019

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the various ways of classifying mistakes including communication mistakes, mistakes of fact, common mistake and unilateral mistake. It then looks at the case law on mistaken identity and the distinctions between face-to-face and correspondence contracts. Finally, it looks at the restrictive rules on common mistake, including the difference between fundamental mistake and mistake as to quality, and their relationship with the doctrine of frustration and the demise of the category of equitable mistake.
3. Law-making: authority and process
Authors: Partington Martin
Published: August 2019

This chapter considers how law is made in the UK, who makes it, and the constitutional principles which give them the authority for making it and imposing it on society. There is a detailed account of the legislative procedure of the UK Parliament, and the different types of legislation enacted by Parliament. The role of the senior courts in the development of legal principle is also considered. Finally, the law-making functions of key institutions of the European Union and the Council of Europe are considered. The impact of Brexit is also considered.
10. Funding legal services
Authors: Partington Martin
Published: August 2019

This chapter focuses on how legal services, in particular litigation, to the less well-off and the poor are paid for. It considers first the radically changed shape of legal aid and publicly funded legal services. It discusses developments designed to control the costs of litigation. It summarizes new ideas that have been developing for the funding of litigation and improving access to justice. Finally it asks whether other processes—alternatives to courts—might be better at providing cost effective and proportionate dispute resolution services.
11. The transformation of the English legal system: pressures and challenges
Authors: Partington Martin
Published: August 2019

This final chapter reflects further on the theme, pervasive throughout the book of the transformation of the legal system over the last 20 years. It reflects on the pressures that have underpinned the transformation agenda. It examines the political, financial, and competitive pressures that have led to the need for reform. It contemplates the further changes that are now in progress. The chapter highlights the challenges that the transformation programme must face, stressing in particular the need to ensure much improved access to justice. It considers briefly the importance of public legal education in helping people understand their legal rights and obligations and the need for a properly funded programme of public legal education.
Foster on EU Law
Authors: Foster Nigel
Published: August 2019

Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a consideration of the Brexit referendum result and its possible consequences; also of Germany and France, as well as a briefer look at a number of other member states. It also contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the ECHR. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Article 263 TFEU and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice.
A system of conservation laws with discontinuous flux modelling flotation with sedimentation
Authors: Bürger Raimund , Diehl Stefan , Martí María del Carmen
Published: August 2019

The continuous unit operation of flotation is extensively used in mineral processing, wastewater treatment and other applications for selectively separating hydrophobic particles (or droplets) from hydrophilic ones, where both are suspended in a viscous fluid. Within a flotation column, the hydrophobic particles are attached to gas bubbles that are injected and float as aggregates forming a foam or froth at the top that is skimmed. The hydrophilic particles sediment and are discharged at the bottom. The hydrodynamics of a flotation column is described in simplified form by studying three phases, namely the fluid, the aggregates and solid particles, in one space dimension. The relative movements between the phases are given by constitutive drift-flux functions. The resulting model is a system of two scalar conservation laws with a multiply discontinuous flux for the aggregates and solids volume fractions as functions of height and time. The model is of triangular nature since one equation can be solved independently of the other. Based on the theory of conservation laws with discontinuous flux, steady-state solutions that satisfy all jump and entropy conditions are constructed. For the existence of the industrially relevant steady states, conditions on feed flows and concentrations are established and mapped as ‘operating charts’. A numerical method that exploits the triangular structure is formulated on a pair of staggered grids and is employed for the simulation of the fill-up and transitions between steady states of the flotation column.
High-resolution melting analysis for rapid detection of the internationally spreading ceftriaxone-resistant Neisseria gonorrhoeae FC428 clone
Authors: Xiu Leshan , Zhang Chi , Li Yamei , Wang Feng , Peng Junping
Published: August 2019

Objectives

Increased awareness of the international spread of the ceftriaxone-resistant Neisseria gonorrhoeae FC428 clone, which threatens recommended dual therapy, is essential. The objective of the present study was to develop and evaluate a rapid, simple and cost-effective method based on high-resolution melting (HRM) analysis for direct detection of the FC428 clone from clinical isolates and specimens.

Methods

The singleplex HRM assay was designed to identify the FC428 clone by using specific primers, which flank the alteration A311V in the penA-60.001 allele. Analytical performance was initially evaluated by testing 623 isolates and a panel of non-gonococcal strains. To ensure the method can be directly applied in clinical samples, two internal control targets (opa and porA) were also designed and included in the final multiplex HRM assay. Two hundred and eighty-two clinical samples (94 urine and 188 urethral/genital swabs) were then analysed using this multiplex HRM assay.

Results

The FC428 clone was easily differentiated from the non-mosaic alleles and other mosaic alleles without A311 mutations by comparing the differences in melt curves. Cross-reactivity was not observed for the penA-60.001 allele when testing 15 non-gonococcal Neisseria strains. When applied to the 623 isolates, the HRM assay successfully characterized one isolate as an FC428 clone (MLST1903, NG-MAST3435, NG-STAR233). Our data show that the multiplex HRM assay with high specificity can be directly applied in clinical samples.

Conclusions

This method can generate results within 90 min at a cost of less than US$0.5 per isolate or sample, making this assay an ideal tool for large epidemiological studies to enhance surveillance of the internationally transmitted ceftriaxone-resistant N. gonorrhoeae FC428 clone.
2018 n2c2 shared task on adverse drug events and medication extraction in electronic health records
Authors: Henry Sam , Buchan Kevin , Filannino Michele , Stubbs Amber , Uzuner Ozlem
Published: August 2019

Objective

This article summarizes the preparation, organization, evaluation, and results of Track 2 of the 2018 National NLP Clinical Challenges shared task. Track 2 focused on extraction of adverse drug events (ADEs) from clinical records and evaluated 3 tasks: concept extraction, relation classification, and end-to-end systems. We perform an analysis of the results to identify the state of the art in these tasks, learn from it, and build on it.

Materials and Methods

For all tasks, teams were given raw text of narrative discharge summaries, and in all the tasks, participants proposed deep learning–based methods with hand-designed features. In the concept extraction task, participants used sequence labelling models (bidirectional long short-term memory being the most popular), whereas in the relation classification task, they also experimented with instance-based classifiers (namely support vector machines and rules). Ensemble methods were also popular.

Results

A total of 28 teams participated in task 1, with 21 teams in tasks 2 and 3. The best performing systems set a high performance bar with F1 scores of 0.9418 for concept extraction, 0.9630 for relation classification, and 0.8905 for end-to-end. However, the results were much lower for concepts and relations of Reasons and ADEs. These were often missed because local context is insufficient to identify them.

Conclusions

This challenge shows that clinical concept extraction and relation classification systems have a high performance for many concept types, but significant improvement is still required for ADEs and Reasons. Incorporating the larger context or outside knowledge will likely improve the performance of future systems.