bluuebunny/crossref_metadata_2025 huggingface dataset:
9. Devolution in Northern Ireland
Authors: Dickson Brice
Published: August 2019

Northern Ireland has had a devolved legislature and government, off and on, since 1921. This chapter first examines the nature of the devolution arrangements in place between 1921 and 1972 and then explains what was done to keep Northern Ireland running during the periods of direct rule from Westminster and Whitehall between 1972 and 1999 and between 2002 and 2007. The third section looks at how devolution operated under the Belfast (Good Friday) Agreement from 1999 to 2002 and from 2007 to 2017. The chapter then considers the reasons for the failure since 2017 to get devolution re-established and concludes by canvassing what the future constitutional arrangements for Northern Ireland might be. Taken in the round, Northern Ireland’s experience of devolution during the past 98 years has been very troubled. Brexit, alas, seems unlikely to make it less so in the years ahead.
11. The Welsh Way/Y Ffordd Gymreig
Authors: Rawlings Richard
Published: August 2019

Welsh constitutional development in recent times is characterized by a convoluted and ongoing set of legislative transformations and by the emergence of a distinct policy approach not only for the sub-state polity itself but also under the banner of a ‘new Union’ for the United Kingdom as a whole. Examination of the design and dynamics of the Wales Act 2017 serves to illuminate the difficulties and rewards of the territorial constitutional journey, especially in terms of central government conservatism in the face of principled argument and of the scope afforded for home-grown democratic renewal. In terms of the extended Brexit process, where competing conceptions of the UK territorial constitution are brought to the fore, the Welsh Labour Government is seen combatting potentials for centralization under the rubric of a ‘UK internal market’, deal-making in the name of mutual benefit, and championing a new brand of shared governance in the UK. Today, the workings of the justice system in Wales are being examined on their own for the first time in two centuries by an independent commission established by the Welsh Government. With a new stage in the Welsh constitutional journey in prospect, a series of foundational questions is raised. This chapter reviews the key elements of the arrangements made for devolving legislative and executive power to Scotland, Wales, and Northern Ireland, explaining how these arrangements have developed over time and are still doing so. Particular attention is paid to the implications of the result of the independence referendum in Scotland in September 2014, not just for Scotland but also for England. Consideration is given to how mechanisms for making devolution work more effectively might be devised and to what the effects might be on devolution if the UK’s membership of the EU or its commitment to the European Convention on Human Rights are seriously called into question.
2. How the UK constitution has developed
Authors: Dennett Anne
Published: August 2019

This chapter discusses the historical development of the UK constitution. The key to understanding the evolution of the British constitution is to imagine it being shaped by a dynamic ebb and flow of power between the key players — the monarch, Parliament, the Church, governments, judges — to determine the issue of where supreme power and authority would ultimately settle and reside. In the case of the UK, supreme authority settled in the monarch in Parliament, while political power resided with the executive. The chapter then argues that the constitution is fluid and changing, despite the received view that it has evolved slowly and peacefully without invasion or violent revolution. Despite fluctuations in power, and changes in Britain's territorial composition and external alliances, there has always been a sense that the constitution is based on the collective memory of ancient laws and principles that fundamentally protect the people and cannot be changed.
8. Constitutional rights and values
Authors: Dennett Anne
Published: August 2019

This chapter addresses the doctrine of common law constitutional rights. This is a controversial area where judges uphold the rule of law to restrict not only government power, but occasionally the meaning of statutes in order to protect the fundamental rights and values that permeate the UK constitution. This can create tensions between parliamentary sovereignty, separation of powers, and rule of law. There is no definitive list of common law constitutional rights and values and they are unwritten, but they are essentially the rights and values protected by the rule of law that have evolved as rules of ‘fair play’ and justice. They include justice; legality; fundamental rights such as liberty, freedom of expression, and equality; accountable government; and democracy.
12. The executive
Authors: Dennett Anne
Published: August 2019

This chapter discusses the executive, the administrative branch of government which creates and executes policy, and implements laws. It specifically focuses on the organisation of central government in the UK. Central government in the UK carries out day-to-day administration in relation to England and the whole of the UK on non-devolved matters. Its functions include the conduct of foreign affairs, defence, national security, and oversight of the Civil Service and government agencies. Central government essentially consists of the government and Civil Service but modern government is extensive, multi-layered, and complex. The chapter then studies the sources of ministerial power. Ministers' legal authority to act can derive from statute, common law, or royal prerogative. The royal prerogative is a source of power which is ‘only available for a case not covered by statute’.
15. Introduction to judicial review
Authors: Dennett Anne
Published: August 2019

This chapter looks at the purpose and constitutional significance of judicial review. Where public bodies overreach themselves by acting unlawfully, the judicial review process allows individuals to hold public bodies to account in the courts, ensuring that governmental and public powers are lawfully exercised. This maintains the rule of law by helping to protect the public from the arbitrary or unreasonable exercise of government power. Judicial review is therefore a powerful check and control by the courts on executive action, but it also raises issues of whether the process gives the judiciary too much power over the elected government. There are three preliminary or threshold issues that a claimant needs to satisfy when bringing a judicial review claim. To be amenable to judicial review, the claim must raise a public law matter; it must be justiciable; and the claimant must have standing (locus standi).
17. The Human Rights Act 1998
Authors: Dennett Anne
Published: August 2019

This chapter addresses the Human Rights Act 1998. The Human Rights Act provides two ways for the courts to ensure compliance with Convention rights: where legislation is not human rights-compliant; and where a public authority has acted incompatibly with an individual's rights. By providing a new benchmark for measuring UK legislation for compatibility with Convention rights, the Act gives judges a powerful interpreting role which effectively allows them to review Acts of Parliament. At the same time, the Act was carefully drafted to respect and preserve parliamentary sovereignty and does not give the UK courts power to invalidate, overrule, or strike down an Act of Parliament that is incompatible with a Convention right; and while the Human Rights Act has special status as a constitutional statute, it is not entrenched and cannot override other statutes.
8. Fundamental Principles in the Law Relating to Children
Authors: Miles Joanna , George Rob , Harris-Short Sonia
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which focuses on alternative approaches to child-related disputes and their influence on English law, first considers the welfare principle and its central role in child law today. It addresses the problems and limitations of the principle, and then looks at alternatives to a welfare-orientated approach. The chapter examines children’s rights as an alternative or supplement to a welfare-orientated approach. It explores the different theoretical perspectives on the concept of children’s rights; the extent to which this approach has gained acceptance within domestic family law; and the importance of the ‘non-intervention’ principle and the possible tension between a commitment to maximizing children’s welfare whilst supporting only a minimalist role for the state, including promoting family dispute resolution in the private realm.
2. Agreement
Authors: Merkin Robert , Saintier Séverine
Published: August 2019

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract is a legally enforceable agreement. This chapter explains how the existence of an agreement is determined. After considering how the courts assess whether an agreement has been, using subjective and objective methods, it discusses the precise criteria used to determine agreement, namely offer and acceptance. The chapter defines offers and distinguishes them from invitations to treat. It focuses on identifying acceptances and distinguishing acceptances from responses which are not a mirror image of the offer, such as counter-offers. Much emphasis is placed on explaining the communication principles applicable to acceptances—postal and instantaneous communications, including email. The chapter explains revocations of offers and the communication principles applicable to revocations. It also distinguishes bilateral and unilateral contracts and the special principles applicable to unilateral contracts.
13. Non-agreement mistake
Authors: Merkin Robert , Saintier Séverine
Published: August 2019

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract having no contractual allocation of risk and made under the same mistaken assumption may be void for ‘common mistake’ if the mistake is so fundamental that it ‘nullifies’ consent. This is known as ‘initial impossibility’ because the impossibility already exists when the parties agree to the contract. This chapter deals with common mistake and initial impossibility, contractual risk allocation and the theoretical basis for the doctrine of common mistake. It discusses categories of fundamental common mistake, including res extincta, and assesses the legal effects of mistakes as to quality made by both parties. The chapter concludes by considering the relationship between common mistake and frustration.
7. Prosecutions
Authors: Campbell Liz , Ashworth Andrew , Redmayne Mike
Published: August 2019

This chapter outlines the origins and functions of the Crown Prosecution Service (CPS), before moving on to discuss several aspects of the prosecutorial function in the criminal process, in the belief that the decision to prosecute someone in itself is a form of imposition by the state that requires justification. The principle of equality of treatment is discussed throughout the chapter, not least in relation to the differences of approach taken by different prosecuting agencies. The chapter evaluates some of the practices of the CPS and examines empirical evidence of its performance of various tasks. It notes that, as with other large organizations, formulating principles and guidance satisfactorily is not sufficient to ensure that implementation in practice. The role of the CPS in refining and defining the criminal law is examined as well as the role of the victim, review and oversight of prosecution decisions and policies and prosecutorial ethics.
Equity & Trusts
Authors: Davies Paul S. , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Equity & Trusts: Text, Cases, and Materials provides a guide to the subject by providing analyses of the law of equity and trusts with extracts from cases and materials. This book provides analysis of significant recent key cases including the Supreme Court’s decision in Patel v Mirza where a new approach to determining the impact of the taint of illegality on private law claims was identified, which is of particular significance to claims for breach of trust and the recognition of the resulting trust. Other relevant decisions include: Angove’s Pty Ltd v Bailey, on the recognition of the constructive trust; Akers v Samba Financial Corp, on the nature of proprietary interests and rights under trusts; Ivey v Genting Casinos UK Ltd (t/a Crockfords Club), on the definition of dishonesty; and Burnden Holdings (UK) Ltd v Fielding, on limitation periods. Similarly, the Privy Council has heard important appeals in the area of Equity and trusts: notably Investec Trust (Guernsey) Ltd v Glenala Properties, on trustees and breach of trust and Marr v Collie, on the recognition of the common intention constructive trust. The impact of these developments has meant that there has been particularly significant rewriting of chapter 7 (constructive trusts) and chapter 9 (informal arrangements relating to land), plus significant rewriting of sections in other chapters, especially as to the nature of the rights and interests under a trust and the effect of illegality. The book is made up of nine parts that consider express private trusts, purpose trusts, non-express trusts, beneficiaries, trusties, variation, breach, and orders.
6. Non-Charitable Purpose Trusts
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses non-charitable purpose trusts and how they are generally considered as void because there are no ascertainable beneficiaries who are able to enforce the trust. There are a variety of mechanisms that can be adopted to implement a non-charitable purpose, including the use of fiduciary powers and the appointment of enforcers to enforce the trust. In exceptional cases, non-charitable purpose trusts can be considered valid, but only if it can be shown that the purpose directly or indirectly benefits ascertained individuals. Testamentary trusts for certain recognized purposes, such as for animals, may also be exceptionally recognized as valid, in which case, the trustees are not obliged, but have the option, to carry out the trust.
7. Constructive Trusts
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on constructive trusts, which arise by operation of law without regard to the intentions of the parties. They are triggered by a defendant’s unconscionable conduct; however, in some cases, a constructive trust will be recognized even though the defendant has not acted unconscionably, such as the constructive trust that arises once a contract to sell land has been made. A remedial constructive trust is recognized by some jurisdictions, whereby equitable proprietary rights arise through the exercise of judicial discretion, but such a trust is not recognized in England and Wales. As with express trusts, title over particular property that is held on constructive trust is split between trustees and beneficiaries, but a constructive trustee is not subject to the same duties as an express trustee.
16. Liability for Breach
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the nature of breach of trust and how a trustee can be personally liable for such a breach. Trustees may seek to escape liability by relying on an exclusion clause in the trust instrument. Such clauses might exclude certain duties owed by the trustees or exempt the trustees from liability for a breach of trust. The liability of trustees for a breach of trust is joint and several: a beneficiary may sue only one trustee for all the loss suffered. That trustee may then seek contribution from others who are responsible for the same damage. In some cases, the court might excuse a breach of trust where trustees have acted honestly, reasonably, and where it is fair to do so.
17. Personal Claims and Remedies
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter considers the personal liability of trustees for breach of trust and studies proprietary remedies, which involve the claimant’s recovering particular property from the defendant, or obtaining a security interest in the defendant’s property. Proprietary remedies provide the crucial advantage of providing the claimant with priority over other creditors in the event of the defendant’s insolvency. Personal claims, by contrast, do not enjoy such priority over the claims of others. However, where the defendant is solvent and the property in question has fallen in value, a personal remedy for the value of the claimant’s loss or defendant’s gain may be preferable to a proprietary remedy. Personal remedies are also to be preferred when the property in which the claimant had a proprietary interest has been dissipated, because in such circumstances no proprietary remedy will be possible.
19. Third Party Liability
Authors: Davies Paul S , Virgo Graham
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses its discussion on personal claims, where the claimant seeks a sum of money from the defendant but does not assert any right to any particular property. However, even where the defendant is solvent and could satisfy a personal claim, a proprietary claim might often be more desirable. If the property has risen in value, then that uplift in value will necessarily benefit the claimant if the claim is proprietary, but not if the claim is personal. A personal claim for the value of the property at the time of the third party’s wrong might be preferred where the property has fallen in value. Moreover, a personal claim will be the only possible type of claim available to the claimant if the property in question has been dissipated and no longer exists. In such circumstances, a proprietary claim is impossible and a personal claim alone can be pursued.
2. The Court System and Alternative Dispute Resolution
Authors: Jones Lucy
Published: August 2019

This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.
13. The Contract of Employment and its Termination
Authors: Jones Lucy
Published: August 2019

This chapter discusses the contract of employment and its termination. It considers the difference between an employee, an employee shareholder, an independent contractor, and a worker, and the tests used to establish their status. It discusses the types of implied terms contained in a contract of employment. The chapter also considers termination of a contract of employment, examining the difference between unfair, constructive, and wrongful dismissal. It looks at claims for unfair dismissal, considering the potentially fair reasons for dismissal, the band of reasonable responses, the automatically unfair reasons for dismissal, and the remedies available where unfair dismissal has occurred. The chapter concludes with a discussion of redundancy.
15. Business Organizations
Authors: Jones Lucy
Published: August 2019

This chapter discusses the common types of business organizations and explains the difference between unincorporated and incorporated businesses. The three types of partnership arrangements are considered, namely a general (ordinary) partnership, a limited partnership, and a limited liability partnership. The chapter includes discussion of the rules relating to partnerships under the Partnership Act 1890 and the Limited Liability Partnership Act 2000. It explains how different types of partnerships may be set up and looks at the relationship between partners and the relationship between partnerships and outsiders. It considers the dissolution of the different types of partnerships. The chapter concludes with a discussion of the different types of companies and the separate legal personality of companies.
1. Introduction
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2019

This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including recent developments such as ACAS early conciliation, the fiasco over tribunal fees, and possible future reforms to the system of adjudication.
4. Discrimination in employment
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2019

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, such as direct and indirect discrimination and unique mechanisms for proving a discrimination claim. After outlining the remedies available in discrimination actions, the chapter then explores issues specific to discrete grounds of discrimination. This analysis tackles sex-discriminatory dress codes, the problem of what counts as an ‘ethnicity’, and the apparent clash between protections against sexual orientation discrimination and religious discrimination. Finally, the specialized approaches to disability and age discrimination under the Equality Act are explained, rounding out a comprehensive and up-to-date coverage of UK employment discrimination law.
5. The work–life balance legislation
Authors: Smith Ian , Baker Aaron , Warnock Owen
Published: August 2019

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on rights to a guaranteed minimum wage; to rest breaks, paid leave, and a maximum 48-hour working week; to maternity, paternity, adoption, and other parental leave; and to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home, and that legislation should be judged according to how forthrightly it tackles these inequalities.
2. The Provision of HealthCare Services: The NHS, Resource Allocation, and Public Health
Authors: Jackson Emily
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the provision of health care services. It first considers the way in which NHS services are commissioned. Secondly, it covers the issue of resource allocation or rationing. It examines different rationing strategies, and considers the role of the National Institute of Health and Care Excellence, and the use of judicial review to challenge funding decisions. Finally, it examines public health law, and role of the state in encouraging healthy behaviour and addressing health inequalities.
4. Informed Consent
Authors: Jackson Emily
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the issue of ‘informed consent’, i.e. how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients about their medical treatment and then examines the legal framework that protects patients’ interests in information disclosure, with particular emphasis upon the implications of the recent landmark Supreme Court case of Montgomery v Lanarkshire. The chapter also explores some alternatives to the law of tort, and the importance of the guidance produced by the medical profession.
5. Incapacity I: Adults
Authors: Jackson Emily
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines cases when a patient is unable to give consent to medical treatment, and considers: the consent requirement under criminal law and civil law; the form that consent should take; and the principle of autonomy. It discusses how the law treats patients who lack capacity or whose capacity is in doubt. It offers detailed analysis of the Mental Capacity Act 2005 and recent Court of Protection decisions. It also covers cases involving the withdrawal of life-prolonging treatment from patients who lack capacity.
10. Clinical Research
Authors: Jackson Emily
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter first summarizes the rules governing experiments on animals and explains the meaning of ‘research’. It then examines: international ethical codes and the UK’s regulatory system; the role of ethics committees in authorizing and monitoring research; whether the benefits and burdens of research participation are evenly distributed; conflicts of interests and publication ethics; and compensation for injuries sustained as a result of participation in research.
17. Assisted Dying
Authors: Jackson Emily
Published: August 2019

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines assisted dying. It looks at the current law, with particular emphasis upon the pressures currently being exerted on the status quo through British patients travelling to Dignitas in Switzerland for assisted suicides. The implications of the Nicklinson and Conway decisions are considered. The chapter sets out arguments for and against the legalization of voluntary euthanasia and assisted suicide; and examines other countries’ experience with decriminalization.
6. Relations between principal and agent
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

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.
17. The remedies of the buyer
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter sets out the remedies available to the buyer under a contract of sale. Before the Sale and Supply of Goods to Consumers Regulations 2002, these remedies comprised damages for non-delivery of the contract goods, specific performance, and damages for breach of warranty. In cases of breach of condition, the buyer generally has the right to reject the goods and repudiate the contract. Since implementation of the 2002 Regulations, a buyer who deals as consumer has additional remedies of repair, replacement, reduction in price, or rescission. These additional consumer remedies are discussed after a consideration of the remedies that are available to all buyers, including consumers, beginning with those remedies granted to a buyer where the seller fails to deliver the goods, or fails to deliver on time. Certain consumer contracts entered into after 1 October 2015 are governed by the Consumer Rights Act 2015, which is also discussed.
22. Marine cargo insurance
Authors: Baskind Eric , Osborne Greg , Roach Lee
Published: August 2019

This chapter focuses on the context in which risk in a commercial transaction can be transferred. There is always, in all sales of goods, the risk that the goods will be damaged or lost in transit from seller to buyer, except when the sale is conducted face to face. The parties may seek to control this risk in a number of ways, but typically will transfer its financial impact to a third party through insurance. In the international sales of goods, particularly where the goods are transported by sea, not only are the physical risks increased when compared to a domestic sale, but the logistics are such that determining the cause of the loss may be difficult, and attributing liability problematic. Consequently, it is preferable to have the security of a claim against an identifiable financially secure party in the event of loss. In documentary sales the buyer is induced to make payment or at least to accept risk of loss or damage to the goods only because that risk is insured. Consequently, contracts of marine cargo insurance have an essential role to play in such sales, and it is to this form of insurance that the chapter is devoted.
1. Medical Ethics and Medical Practice
Authors: Laurie G. T. , Harmon S. H. E. , Dove E. S.
Published: August 2019

This chapter discusses the following: the ethical basis for the practice of medicine; the organisation of modern medicine; the importance of the relationship between the medical profession and the public; legal intervention in medicine; and the doctor’s position.
4. Consent to Treatment
Authors: Laurie G. T. , Harmon S. H. E. , Dove E. S.
Published: August 2019

This chapter discusses ethical and legal aspects of patient consent. It covers the limits to consent (including the context of the unconscious patient and adults lacking capacity); the refusal of treatment by capacitous adults and others; the consequences of proceeding without consent; and the negligence action and the vagaries of information disclosure.
8. The Management of Infertility and Childlessness
Authors: Laurie G. T. , Harmon S. H. E. , Dove E. S.
Published: August 2019

This chapter discusses ethical and legal aspects of managing infertility and childlessness. It addresses the control of assisted reproduction in the UK; insemination; the infertile or childless woman; and surrogate motherhood.
5. Registration of Title
Authors: George Martin , Layard Antonia
Published: August 2019

The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.
8. Acquisition of Interests in the Home
Authors: George Martin , Layard Antonia
Published: August 2019

Co-ownership of land can involve a number of quite different relationships. One type of relationship, which has caused the most anxiety, is that between cohabiting couples in an intimate relationship. Much of the case law dealing with the acquisition of interests in land has arisen in the context of disputes over ownership of the family home. In the case of the matrimonial home, such disputes became possible only in 1882. This chapter, which explores legal issues concerning co-ownership of matrimonial property in England, focusing on acquisition of interests in the matrimonial home, first discusses the creation of co-ownership before turning to express declarations of ownership. It also considers resulting, implied, and constructive trusts as well as joint ownership of the legal title, sole ownership of the legal title, contributions and resulting trusts, purchase money resulting from trusts, and reform of the law on co-ownership.
2. Sources of international law
Authors: Henriksen Anders
Published: August 2019

This chapter provides an overview of the legal sources in international law. Sources of law determine the rules of legal society and, like national legal societies, the international legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary international law, and Section 2.5 turns to general principles of international law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft law’.
10. International environmental law
Authors: Henriksen Anders
Published: August 2019

International environmental law is an area of international law where states have decided to cooperate with each other in order to fulfil certain goals of common interest and, for the most part, its rules and principles belong in the category of the international law of cooperation. This chapter discusses the most important parts of international environmental law and its main legal sources. It presents the fundamental principles of international environmental law, including those that seek to prevent damage to the environment and those that seek to ensure a balanced approach to environmental protection. It provides an overview of the most important parts of the substantial regulation in international environmental law, including the legal regime for the protection of the atmosphere, the conservation of nature and the regulation of hazardous substances. It also discusses features related to implementation and enforcement that are particular to international environmental law.
18. Trespass to land and nuisance
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter examines torts of trespass to land and nuisance. Trespass to land is concerned with direct harm, and the tort’s primary importance is the protection of property rights. Harm in this context does not necessarily mean actual damage to the land concerned. The harm lies in the fact that land owned by one party has been unjustifiably interfered with by another. Private nuisance deals with indirect and unreasonable interferences to land, including what might be called consequential interferences resulting from a direct action. Private nuisance regulates relationships and conflicts between neighbours, defining their mutual rights and obligations with respect to land use. Many aspects of the law of nuisance, including determining whether an injunction or damages is the appropriate remedy, have recently been clarified by the Supreme Court in Coventry v Lawrence [2014].
Kidner's Casebook on Torts
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.
2. Duty of care: basic principles
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter sets out the basic principles of negligence. Duty is one element in the tort of negligence, for it must be shown that not only was the defendant under a duty towards the claimant to be careful, but also that he failed to achieve the required standard of care and that that failure caused the damage, and finally that the damage was not too remote a consequence of the act. Duty is about relationships, and it must be shown that the particular defendant stood in the required relationship to the claimant such that he came under an obligation to use care towards him. This relationship is sometimes referred to as ‘proximity’. The chapter presents cases to illustrate the meaning of proximity. It also discusses the unforeseeable claimant problem and policy factors.
10. Occupiers’ liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter focuses on the liability of an occupier to persons who are injured on their premises and the Occupiers’ Liability Acts of 1957 and 1984. The discussion considers the relationship between occupiers’ liability and negligence, what makes someone an ‘occupier’ or ‘visitor’, the duty owed to visitors and to trespassers and other non-visitors, and the exclusion of liability. The basis of liability is fault, and, to visitors at least, the duty differs little from the requirements of negligence, but there are sufficient differences to make it subject to a special chapter. These differences arise partly for historical reasons, but also because of the need to balance the rights of the occupier to deal with their property as they wish and the need to protect entrants from injury.
11. Product liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter deals with damage caused by defective products. It considers two separate legal regimes. The first is the ordinary law of negligence, and the second is the system of strict liability introduced by the Consumer Protection Act 1987, as required by a European Directive (85/374/EEC). The latter is limited to personal injuries and to damage to private property, so there are still many cases where a claimant has to rely on negligence. Also, the Act applies only to certain kinds of defendants (‘producers’), and a claimant will need to use negligence if, for example, he is injured by a defectively repaired product. One important point is that both systems apply only to damage to goods other than the defective product and not to damage which the defective product causes to itself: that is a matter solely for the law of contract.
12. Breach of statutory duty
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.
13. Intentional interferences with the person
Authors: Horsey Kirsty , Rackley Erika
Published: August 2019

This chapter considers intentional interferences with the person, including the so-called trespass to the person torts, the tort in Wilkinson v Downton and the Protection from Harassment Act 1997. Trespass is an ancient set of wrongs which mainly deals with the direct, and usually intentional, invasion of a claimant’s interest in his person, his land or his goods. It is the right itself which is protected, and not just the freedom from resulting damage, and much of the law of trespass is the basis of civil liberties today. This chapter considers the torts of assault, battery and false imprisonment, together with various defences. The principal use today of these torts relates not so much to recovery of compensation but to the establishment of a right, or a recognition that the defendant acted unlawfully. The chapter then considers the tort in Wilkinson v Downton which provides a remedy in cases of indirect intentional infliction of distress and the statutory tort of harassment (Protection from Harassment Act 1997).
9. Union Citizenship
Authors: Barnard Catherine
Published: August 2019

This chapter examines the concept of Union citizenship and the rights EU citizens enjoy. European citizenship allows individuals a variety of associative relations based on economic, social, cultural, scholarly, and even political activities, irrespective of the traditional territorial boundaries of the European nation states, without binding individuals to a particular nationality. In particular, this chapter examines the rights enjoyed by citizens under the Citizens’ Rights Directive 2004/38, including family rights and what rights citizens enjoy independent of being economically active.
14. Registration and Use of the Trade Mark
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter discusses the acquisition of a trade mark. EU law distinguishes between the product or service to which the trade mark is applied on the one hand, and the trade mark on the other hand. One needs first of all to be in the presence of a sign, something that can be applied to the product or service and that can convey information. The cornerstone of the matter is that the sign should be distinctive as to origin. The main objective of trade mark law is to enable rights holders and consumers to distinguish the source of identical goods or services with a different origin. The remainder of the chapter covers unregistrable marks, absolute grounds for refusal of registration, relative grounds for refusal of registration, applying for a Community trade mark, and uses of trade marks.
21. Database Rights
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter discusses database protection and database right under European Parliament and Council Directive on the protection of databases [1996] OJ L 77/20.1, better known as the Database Directive. Long before the advent of digital technology various forms of databases were around in analogue format, such as telephone directories. Digital technology opened up opportunities of scale in this area and made data easy to search. But at the same time it impeded the mere consultation or reading of the data, that are now hidden in a digital format. The real value of a database lies in the comprehensive nature of the information it contains, rather than in the originality of the information itself. Thus, granting an exclusive right in a collection of data or information, without any requirement of originality in relation to the data or information, not only risks interfering with the right of access to information, but also risks interfering with the freedom of competition, since the only workable access to information and data that are themselves in the public domain and freely available will now pass via the rights holder and its database. The database right has the difficult task of striking the right balance between the various interests involved, and the Directive has been accused of putting in place the least balanced and most anti-competitive exclusive right in the EU.
22. Data Protection and Data Exclusivity
Authors: Pila Justine , Torremans Paul L.C.
Published: August 2019

This chapter examines the law on data protection and data exclusivity. It focuses on the new GDPR Regulation. It covers rules on lawful processing of personal data, on the security of the processing, on the transparency of the processing, and on promoting compliance. It also discusses the rights of the data subject, the transfer of personal data to third countries, and the period of data exclusivity granted to the pharmaceutical sector independent of any form of patent protection.